After a bad fall, it’s normal to wonder whether you simply had an accident or whether someone should have prevented it. Maybe you slipped on a wet floor at a store, went down on an icy walkway, or fell because a stairway was poorly lit.
Our slip and fall accident lawyer in Columbia can look at what was happening on the property before you fell and determine whether you may have a personal injury claim. At Kevin McManus Law, we help injured people get answers to those questions.
As your Columbia personal injury lawyer, we will investigate the property, deal with the insurance company, and explain where your case stands. Our attorneys have more than 60 years of combined experience, and we believe you should understand your options before making decisions about your claim.
How Do I Know if I Have a Slip and Fall Case?
Falling on someone else’s property doesn’t automatically make the property owner responsible. What caused you to fall matters. So does what the property owner knew, or reasonably should have known, about the hazardous condition.
Missouri premises liability cases can turn on whether the property owner had actual or constructive notice of a dangerous condition. Missouri appellate authority has treated that knowledge as an important factual issue in premises liability cases.
What happened before the fall can be just as important as the fall itself. A spill may have gone untouched for some time, or a damaged step may have caused problems before. We also look at whether the property was regularly inspected and whether someone had a chance to fix the hazard or warn visitors about it.
Get the compensation you deserve with trusted legal guidance.
What if They Say I Should Have Seen the Hazard?
This comes up often. An insurance company may argue that the wet floor, uneven pavement, ice, or other hazard should have been obvious. You might even be wondering the same thing yourself.
An obvious hazard does not always mean the property owner is off the hook. Missouri courts have considered whether the injured person shares some responsibility for a fall rather than treating the visibility of a hazard as an automatic bar to a claim. What matters is the situation as a whole, including whether the property owner had reason to expect that someone could still get hurt.
Our slip and fall attorney in Columbia will look at the entire situation rather than accepting the insurance company’s version of events. Poor lighting, distractions created by the property, the location of the hazard, and whether there was a warning can all deserve a closer look.
What Could Show Why I Fell?
The condition that caused your fall may be gone within minutes. A spill gets mopped up. Ice melts. Someone moves a mat or puts out a warning sign. By the time you return to the property, everything may look completely different.
That’s why evidence from around the time of the accident can be so useful:
- Photos and video: Pictures of the floor, stairs, walkway, lighting, or other hazardous conditions can preserve what you saw that day.
- Surveillance footage: Security cameras may have captured the fall or what was happening in the area beforehand.
- Incident reports: A report can help establish when and where the accident was reported.
- Witness statements: Someone nearby may have seen the fall or noticed the dangerous condition before you did.
- Inspection records: These records may help show how a business monitored the property and when the area was last checked.
You don’t need to have all of this before calling us. Part of our Columbia slip and fall lawyers’ jobs is figuring out what evidence exists and working to preserve it before it disappears.
Is My Injury Serious Enough to Call a Slip and Fall Lawyer in Columbia?
Some people walk away from a fall sore and feel better a few days later. Others end up in an emergency room with fractured bones, a hip injury, or a head injury. A hard fall can also cause a traumatic brain injury or other problems that aren’t immediately obvious.
If you’re still getting medical treatment, missing work, going to physical therapy, or struggling with normal activities, it’s worth finding out whether you have a claim. Medical expenses can grow quickly when an injury requires follow-up appointments, rehabilitation, or surgery. Lost wages can make that financial pressure even worse.
A premises liability claim may account for medical bills, lost income, future medical costs, pain and suffering, and other economic or non-economic damages when supported by the circumstances. We look at what the injury has actually changed for you, rather than focusing only on the first medical bill.
We’ll help you appeal and secure your rightful benefits.
Who Pays My Bills While the Claim Is Pending?
This is one of the more frustrating parts of being injured. Medical providers still expect payment even when someone else may ultimately be responsible for your injuries. Meanwhile, a premises liability insurance claim can take time to investigate and resolve.
Health insurance may initially cover some treatment depending on your policy. You could also have deductibles, copays, rehabilitation costs, or other out-of-pocket expenses along the way. Keep your medical bills, insurance paperwork, and medical records together if you can. They may become important when documenting your losses.
Our lawyer for a slip and fall accident in Columbia will deal with the liability insurance company and work to determine what compensation should be pursued. We will also explain what’s happening with the claim so you aren’t left trying to interpret every call or letter from an insurance adjuster yourself.
When Should I Talk to a Slip and Fall Attorney?
It helps to talk with an attorney while the details of the fall are still fresh. Security footage may not be saved for long, the property can be repaired, and witnesses may become harder to reach. Starting early gives us a better opportunity to find and preserve evidence that could matter to your claim.
Missouri also limits how long you have to bring certain injury claims. Missouri Revised Statutes § 516.120 generally provides a five-year limitations period for certain personal injury actions. Some cases can be subject to different deadlines or additional requirements, though, particularly when a government entity is involved.
You also don’t have to wait until the insurance company denies your claim to get legal representation. If you’re unsure whether the property owner was negligent or whether your injuries justify a claim, that’s exactly the kind of question we can help answer.
Call now for a free consultation.
What Will It Cost to Have Kevin McManus Law Review My Fall?
Kevin McManus Law handles personal injury cases on a contingency fee basis. There is no attorney fee unless we win. Your first conversation with us is a free consultation, so you can tell us what happened and get a better sense of your options without paying an upfront attorney fee.
Bring whatever you already have, whether that’s a few photos, medical paperwork, an incident report, or messages from the insurance company. Don’t worry if you haven’t collected everything. We can start with your account of the fall and work from there.
Our firm has recovered millions of dollars for clients, and we’re prepared to litigate when a case calls for it. If a fall in Columbia has left you hurt and unsure who should be responsible, contact Kevin McManus Law and tell us what happened.
