One fall is all it takes to leave you with serious injuries and medical debt you can’t afford. You may not be able to attend work, care for your family, or do simple tasks like driving a car. It doesn’t seem fair when you get hurt because of a careless property owner.
Their insurance policy is supposed to take care of you in cases like this, but instead, they deny or delay your claim. Our slip and fall accident lawyers in Overland Park are here to help you get the compensation you deserve and hold negligent property owners accountable.
Our team at Foster Wallace Personal Injury Lawyers has recovered over $1 billion in combined settlements, jury awards, and judgments. Call today to schedule a free consultation and find out how our Overland Park personal injury lawyers can help.
Do You Have a Slip and Fall Case?
In Kansas, property owners have a responsibility to keep their homes and businesses reasonably safe for visitors. If they fail to do so, they can be liable for any injuries that occur on their premises. This is known as premises liability law.
If you slip and fall in a store, public establishment, or even in another person’s home, you may have a personal injury case. Our slip and fall accident attorneys in Overland Park can evaluate your story during your free consultation and let you know if your case is worth pursuing.
If it is, our attorneys can get to work compiling evidence that shows the property owner failed in their duty of care. Our goal is to recover compensation that fully covers your damages so you can pay your bills and begin to get your life back to normal.
Should You Accept a Settlement After a Slip and Fall?
Often, businesses know when they are at fault and try to mitigate their liability. This could involve their insurance company offering a fast settlement and trying to convince you that’s what your accident is worth. They may even try to talk you out of speaking with an attorney.
The problem is, many insurance companies intentionally offer low amounts, hoping you aren’t savvy enough to understand your injuries are worth much more. If you accept their offer, you lose your right to future compensation, even if you still need help.
Our team will know what your case is really worth, and we can help you avoid mistakes like taking lowball settlement offers.
Do You Need an Attorney?
It is always smart to get help from a personal injury lawyer whenever you are injured in an accident. Businesses and their lawyers will jump into action as soon as they learn about your injury on their premises, and they aren’t on your side.
We charge for our services based on a contingency fee agreement, which means you pay nothing up front. You’ll have access to quality legal representation, just like the business you’re up against.
Our Overland Park slip and fall accident lawyers can file your claim, take care of paperwork, make sure you meet important deadlines, and handle all communication related to your case. We only recover our fees when we win your case. If we don’t win, you don’t pay.
Contact our Kansas city personal injury lawyers now.
Who Is Liable in a Slip and Fall Case?
The property owner is often the liable party in a slip and fall case. However, your attorney will investigate your accident to uncover all responsible parties. In certain circumstances, this could include:
- An employee
- A tenant
- A business owner
- A landlord
In some cases, you may have contributed to your accident. Comparative negligence laws in Kansas dictate that you can still recover damages as long as you weren’t more than 50% at fault. However, your award is reduced proportionally to your percentage of responsibility.
Do You Need to File a Lawsuit for a Slip and Fall Case?
Filing a lawsuit usually isn’t the first option in a slip and fall case. Once we know who is liable for your damages, we can file a claim with the at-fault party’s insurance company. Typically, we’ll then negotiate on your behalf for a fair settlement.
Dispute resolution through negotiations is usually better for all parties, especially the injured person. You have enough to worry about without the added stress of a civil trial. Unfortunately, sometimes insurance companies refuse to respond to good-faith negotiations.
When negotiations fail, we are not going to back down. We’ll file a civil lawsuit and take your case to court and fight for your award.
What Are Damages in a Slip and Fall Case?
Damages in a slip and fall case refer to the financial compensation you may recover for the losses you suffered as a result of the accident. Your attorney will assess your hardships. The two main types of damages you may recover are:
- Economic damages such as medical expenses, lost wages, and out of pocket costs, such as transportation and home modifications.
- Non–economic damages to compensate you for intangible losses such as pain and suffering, emotional distress, and loss of enjoyment of life.
In rare cases, you may be able to recover punitive damages. These can be awarded if a property owner’s conduct was especially reckless or malicious. Your attorney can advise you if punitive damages can play a role in your case.
Get Help from a Slip and Fall Accident Attorney in Overland Park
You shouldn’t have to worry about falling and getting hurt when you go to someone else’s property, especially a public place like a store. Unfortunately, it happens too often, leaving accident victims with injuries they struggle to recover from and bills they can’t afford.
Our slip and fall accident attorney in Overland Park can help you get the compensation you need to pay your expenses and begin to get your life back together. Suffering physically from an injury that wasn’t your fault is bad enough. You shouldn’t have to suffer financially as well.
When tragedy strikes, our team at Foster Wallace is here for you. Our attorneys have over 45 years of combined experience, advocating for injured accident victims. Contact us today for a free consultation and tell us your story.
