Louisville Slip and Fall Accident Lawyer
Slip and fall injuries can be devastating, and they happen more often than most people think. Anytime a property owner or an employee is careless or negligent in their duties, they can cause harm to other people. At the Law Office of Hendy | Johnson | Vaughn | Emery, our Louisville slip and fall accident attorneys have vast experience helping injured victims secure the compensation they are entitled to. Let us get to work on your case today.
Why choose Hendy Johnson Vaughn Emery to help?
Slip and fall accident cases require assistance from a Louisville personal injury attorney with extensive experience handling these types of incidents. Turn to Hendy | Johnson | Vaughn | Emery for help today.
- We only handle personal injury cases, which gives us vast experience and invaluable knowledge into the tactics used by opponents.
- We have a proven track record of success in securing billions of dollars in compensation for our clients through settlements and verdicts.
- We take all Louisville slip and fall accident cases on a contingency fee basis, which means that our clients do not pay any legal fees until we win their case.
Do you need an attorney to help your case?
Slip and fall injury victims do not usually have the resources or experience necessary to properly investigate their case. A personal injury attorney will be responsible for:
- Obtaining all evidence related to the incident, including video surveillance, eyewitness accounts, and more.
- Working with a trusted healthcare professional to ensure you are cared for and that your total losses are properly calculated.
- Negotiating with insurance carriers and property owners to secure the compensation you deserve.
Slip and fall accidents can be devastating
Slip and fall accidents can lead to devastating injuries, and it is not uncommon for our attorneys to help clients who have sustained the following:
- Open head wounds
- Traumatic brain injuries or concussions
- Whiplash injuries
- Severe lacerations or puncture wounds
- Broken and dislocated bones
- Serious soft tissue and bone bruises
A bad fall can be fatal for a victim. Our lawyers have the ability to handle any type of injury claim from a slip and fall accident, as well as a wrongful death lawsuit in Louisville for the loss of your loved one.
Slip and Fall Accidents and the Elderly
The elderly are most at risk of fatal injuries in fall accidents. According to the Centers for Disease Control and Prevention, falls are the leading cause of injury death in adults ages 65 and older. Every year, about 3 million seniors are treated in emergency rooms for fall injuries. One of the most serious injury risks for the elderly is a hip fracture. Broken hips can have fatal complications, such as infections and blood clots. More than 95 percent of hip fractures are caused by falling. Nursing homes, hospitals, pharmacies and other premises that see a large population of elderly visitors must take special care to prevent slip and fall accidents.
Why Do Slip and Fall Accidents Happen?
These incidents happen for a variety of reasons, often because a property owner or employee was careless or negligent. This can include:
- Not properly or promptly cleaning spills or leaks
- Not putting up a “wet floor” sign after mopping
- Loose carpeting or other flooring material
- Inadequate lighting in walking areas
- Uneven walking surfaces
According to the National Floor Safety Institute, around one million people have to seek medical treatment in the ER each year due to slip and fall injuries. Property owners should be held liable for any injuries they cause.
What Are the Elements of a Premises Liability Claim?
A premises liability claim is a type of civil lawsuit that may be available to you as a victim of a slip and fall accident in Kentucky. It seeks to hold the owner or controller of a piece of property liable, or financially responsible, for an accident caused by a property defect or hazard. The goal of a premises liability claim is to hold a property owner accountable for negligence.
Negligence in a premises liability case consists of four elements:
- Duty to the victim. Not all types of property visitors are subject to the same duties of care. You must have evidence that you were owed a duty of care by the property owner; in general, that you were lawfully on public or private property at the time of the slip and fall accident.
- A known or foreseeable hazard existed on the property. The property owner must have had actual or constructive knowledge of the slip and fall hazard. Constructive knowledge means that the hazard or defect was so common or obvious that it should have been foreseen.
- The property owner was negligent. There must be proof that the owner failed to use reasonable care to maintain a safe premises, such as by ignoring a known defect or failing to warn visitors of a potential hazard.
- The owner’s negligence caused the victim’s injury. The breach of the duty of care by the property owner must be the proximate or main cause of your slip and fall accident and related injuries; in other words, the accident would not have happened but for the landowner’s negligence.
For a slip and fall accident claim to succeed in Kentucky, you or your lawyer must demonstrate clear and convincing proof of these four main elements. This burden of proof is known as a “preponderance of the evidence” – also called the “more likely than not” standard. A lawyer can help you collect and present compelling evidence to support your slip and fall accident case.
What Are the Three Types of Property Visitors?
One of the factors that may affect your right to file a slip and fall accident claim in Kentucky is your status as a visitor at the time of your fall. One of the key elements of a case is to establish the duty of care of the property owner. However, a landowner owes different duties of care based on the status of the visitor. There are three types of visitors under Kentucky’s premises liability laws:
- Invitee. An invitee has the owner of the property’s permission – either express or implied – to be on the property. Examples are customers at a business.
- Licensee. A licensee also has permission to enter a property, but does so for reasons other than business. An example is a social guest.
- Trespasser. A trespasser does not have the land owner’s permission or lawful authority to enter or remain on a property.
Invitees are owed the highest duties of care. Property owners must inspect their premises for new, unknown or hidden hazards before invitees enter, as well as repair discovered defects and warn visitors of potential risks that still exist. The duty to repair and warn both remain for licensees, but not the duty to inspect. Trespassers are not owed any duties of care by property owners in Kentucky unless they are children under the age of 18.
What kind of compensation is available in these cases?
If you or a loved one have been injured in a slip and fall accident that was caused by another person’s careless or negligent actions, seek legal assistance today. At the Law Office of Hendy | Johnson | Vaughn | Emery, we will get to work investigating your case in order to secure the compensation you need. This could include:
- Coverage of medical expenses
- Recovery of lost wages if you cannot work
- Pain and suffering damages
- Loss of enjoyment of life damages
- Possible punitive damages against the property owner
Punitive damages are relatively uncommon in slip and fall accident cases. They are only awarded when it can be proven that the defendant acted with fraud, malice or oppression. However, they may be available in your case depending on the actions of the defendant. They are awarded to punish the defendant and discourage others in the community from committing similar torts.
How Much Is Your Case Worth?
This is a question you will need to present to an attorney for an accurate answer. The courts in Kentucky do not assign a single damage amount to every slip and fall accident case. Instead, settlements and judgment awards are carefully calculated based on the specific facts of the case. While severe or catastrophic slip and fall cases are generally worth more than minor ones, many factors affect the value of a case, including:
- The seriousness of your injuries
- Whether you will have long-term effects
- The level of disruption to your daily life
- Mental and emotional trauma
- The cost of treatment and recovery
- The number of defendants
- The insurance coverage available
- The cost of litigation
- Your own comparative negligence, if any
We will accurately evaluate your case to let you know how much it is worth. Then, we will take steps to maximize your financial recovery for a serious slip and fall in Louisville, such as going up against an insurance company on your behalf or filing a lawsuit and taking your case to trial. Our lawyers will relentlessly pursue the compensation that you deserve for a serious injury.
Does Kentucky Have a Cap on Damages?
A damage cap is a legal limit on how much financial compensation a plaintiff can receive in a personal injury case. Many states have damage caps on different types of claims and losses. In Kentucky, however, no caps exist. The only exception is if you have a claim against the government. If you are attempting to hold the state government in Kentucky responsible for a fall that took place on public property, such as a sidewalk or public building, your damages will be capped at $200,000 per claim.
How Long Do You Have to File a Slip and Fall Claim?
The ability to bring a slip and fall accident case in Kentucky is not without limits. A law called the statute of limitations places a strict deadline on the ability to file a personal injury claim after a slip and fall. If you miss the statute of limitations, you will most likely be barred from making a financial recovery, with only a few exceptions. This is why it is critical to contact a Louisville slip and fall accident lawyer as soon as possible after your accident.
In Kentucky, you have one year from the date of your slip and fall accident to file a lawsuit in pursuit of compensation for your medical bills and other losses. This statute of limitations applies to most Kentucky personal injury lawsuits, including cases brought against the government for slip and fall accidents on public property.
What to Do After a Slip and Fall Accident in Louisville
If you get injured in a slip and fall accident in Louisville, take the following actions to protect your legal rights as much as possible:
- Remain still and check yourself for injuries. Keep in mind that your adrenaline may be masking pain.
- Report your slip and fall accident to an authority at the property, such as a manager or floor supervisor.
- Take pictures of the defect or hazard that caused your slip and fall accident.
- Gather other types of evidence, such as a copy of video surveillance footage.
- If anyone witnessed the accident, get their names and phone numbers.
- Go to a hospital right away for a medical checkup.
- Keep the clothes and shoes that you were wearing at the time of the accident.
- Follow your doctor’s treatment orders during recovery.
- File a claim with the insurance company of the individual or entity that owns the property.
- Seek counsel from a slip and fall accident lawyer in Louisville before accepting an insurance settlement.
Your health is always the number one priority. Then, your focus should go to the legal side of your fall accident with assistance from an experienced slip and fall attorney.
Contact a Slip and Fall Lawyer in Louisville Today | Free Case Consultations
Getting injured in a slip and fall accident can interrupt your life with serious physical injuries, psychological trauma, lost wages and financial harm. At Hendy | Johnson | Vaughn | Emery, our lawyers can guide you toward a brighter future as the victim of a slip and fall. We can take over your legal claim while you concentrate on healing. When you need a Louisville slip and fall accident attorney, you can contact us for a free consultation by clicking here or by calling us at (859) 578-4444.