SLIP AND FALL ATTORNEY IN ACWORTH GEORGIA
Do you need an Acworth, Georgia slip and fall attorney? If so, look no further than Williams | Elleby. Our founding partner, Joel Williams, lives in Acworth and our team loves representing our Acworth friends and neighbors for premises liability slip and fall cases. Our Cobb County personal injury law firm offers free consultations and can help you find the right lawyer for your personal injury case even if we aren’t the right fit.
After a fall in Acworth, you probably have a lot of questions like: How do I find the best doctor near me for my injuries? How do I handle my medical bills? Who should I talk to? Do I need a lawyer? Who should be responsible?
Slip and fall claims are common in Georgia but there are several things you need to know to maximize your recovery after a slip and fall in Acworth. Here are a few tips to help you understand what you need to know:
WHAT IS MY ACWORTH SLIP AND FALL CASE WORTH?
The value of slip and fall cases in Acworth are determined by many things. Some of the most important variables to consider are the extent of your injuries, the degree to which a property owner or manager is at fault, and whether the jury may assign any fault to you for not noticing the hazard that caused you to fall. A thorough understanding of each of these things can help determine a reasonable estimate of the value of your slip and fall case:
- The Extent of Your Injuries: Permanent and catastrophic injuries like spinal cord injuries, closed head injuries, and broken bones usually justify large recoveries. Injuries that cause temporary pain like sprains, small lacerations, and bruising usually result in a smaller award. In most cases, injuries sustained in a slip and fall are moderate which means that they may require medical treatment like physical therapy, injections, or surgery. The amount of medical bills incurred, the amount of lost wages, and the length of suffering are all factors that one should consider when placing a monetary value on an Acworth slip and fall case.
- The Degree of Fault of the Property Owner or Manager: Insurance companies for property owners usually dispute that their insured in liable for the fall. In order to prove the owner or occupier of land is responsible, you have to establish that the owner or occupier of a property has actual or constructive knowledge of the hazard that caused the fall. Robinson v. Kroger Co., 268 Ga. 735 (1997). Knowledge can be actual or constructive. Actual knowledge exists when the property owner knows that a hazard exists. In order to prove constructive knowledge, an injured person must show that a hazard existed for a sufficient period of time that the owner should have discovered it and taken steps to eliminate the problem. Security camera footage is usually helpful in proving constructive knowledge. Sometimes expert testimony is necessary to establish actual or constructive knowledge. If an injured party cannot prove actual or constructive knowledge, the claim will fail.
- Comparative Fault: Property owners and their insurance companies often try to blame the victim for not avoiding the hazard. They do this because Georgia law allows a jury to assign percentages of fault to anyone who may bear responsibility for injuries in a slip and fall case. Sadly, this is sometimes an effective defense because Georgia follows the “equal knowledge rule” which bars a recovery for anyone who has knowledge of a hazard that is equal to or greater than the property owner. El Ranchero Mexican Rest., No. 10, Inc. v. Hiner, 316 Ga. App. 115 (2012). Therefore, it is important to contact the Williams Elleby attorneys as so as possible after an Acworth fall so we can begin to gather the necessary evidence to prove the owner or occupier had superior knowledge of the dangerous condition that caused your fall. Remember, a bad lawyer can kill your case so choose your attorney wisely.
HOW DO I WIN AN ACWORTH SLIP AND FALL CASE?
There are several things that need to be done as soon as possible after a fall at a commercial establishment in Acworth.
The most pressing need is usually to seek medical treatment for your injuries. This is important for your long and short term health. It is also important because your injuries need to be documented by a medical professional. Insurance companies and juries rarely provide meaningful compensation for physical injuries don’t require medical treatment.
It is also vitally important to let the property owner or occupier know that you are contemplating bringing a personal injury claim. If you hire an attorney soon after the fall, he or she should send a spoliation letter to the property owner that requires that owner to preserve all critical evidence such as surveillance camera video, photographs, and incident reports.
The most important thing you can do to maximize your chances of winning an Acworth slip and fall case is to consult with an attorney as soon as possible after the fall. A good attorney near you should immediately take all necessary steps to gather critical evidence and put your case in the best possible position for a favorable resolution.