Our Kansas City Slip and Fall Attorney Can Help
Premises liability laws in Kansas and Missouri exist to hold property owners liable if people are injured on their property. However, proving all the legal requirements necessary to hold the property owner liable can be difficult.
Many property owners are aware of how tough a slip and fall claim can be to litigate. Therefore, they may deny liability. If a property owner refuses to pay for your slip and fall injury, call a Kansas City slip and fall attorney immediately for a free consultation.
Five Steps to Take After a Slip and Fall Injury
If you are injured in a fall, there are several things you can take to help protect your legal rights and increase the chance of recovering fair compensation for your damages. Five of those steps include:
1. Report the accident immediately! Contact the property owner or another party in charge to report your fall. Insist that the person take a report and provide you with a copy of the report. While you are waiting, take as many pictures as you can of the accident scene (videos can also be extremely helpful). Ask bystanders for their names and contact information. Also, make sure you write down the names, titles, and contact information for each person you speak with regarding your accident.
2. See a physician. If you do not go to the emergency room after the accident, you should see your physician as soon as possible for an exam. Some common fall and accident injuries are immediately known, such as broken bones. However, you could also have sustained injuries that may not present symptoms for a few days, such as traumatic brain injury, whiplash, concussion, back injuries, and sprains. Documenting your injuries quickly by seeking immediate medical care can help your case.
3. Do not talk to the insurance company or the property owner. The property owner or insurance provider may want you to provide a statement or sign a medical release. It is not in your best interest to provide statements or sign any forms without consulting a Kansas City slip and fall attorney first.
4. Document your damages and injuries. Keep copies of all documents, bills, and invoices that prove the financial losses incurred because of your fall and injury. Also, make careful notes providing details of each conversation you have with an insurance company, adjuster, investigator, or another individual regarding the accident. Continue documenting your injuries by taking pictures and keeping notes about daily pain levels and challenges you encounter because of your injuries.
5. Avoid social media and discussing your claim with others. Do not post information about your accident or injuries online or communicate with friends or family members by text or email. Defense attorneys may access electronic communications and online posts to use against you if your case goes to court.
What Damages Could I Recover by Filing a Premises Liability Claim?
The damages recovered in a premises liability case depend on the type of injury, the severity of the injury, and the financial losses. Financial losses are easier to calculate because we have copies of receipts, bills, and invoices that prove the value of this portion of the personal injury claim. Common financial losses included in a slip and fall case include:
- Medical bills
- Medical equipment
- Physical therapy
- Loss of income
- Travel expenses
- Personal care
- Help with household chores
The noneconomic damages or “pain and suffering” damages are a bit more difficult to value. These damages include:
- Physical pain and suffering
- Emotional distress, including depression and anxiety
- Mental anguish, including PTSD
- Scarring, disfigurement, disability, and permanent impairments
In addition to the above, you may also be entitled to future damages for ongoing medical care, loss of income, and loss of earning capacity.
Do I Need a Kansas City Slip and Fall Lawyer?
There are two very good reasons to hire a Kansas City slip and fall lawyer:
- To correctly value your claim.
As indicated above, it can be very difficult to calculate the value of a slip and fall claim, especially when the claim involves future damages and substantial noneconomic damages.
An attorney understands how to document damages, locate expert witnesses, and utilize the facts of the case to calculate the maximum value for your claim. The attorney also understands the best way to present your case to a claims adjuster or jury to convince them that you deserve full and fair compensation for all damages.
- Proving liability and fault.
To win a slip and fall claim, you must use evidence to establish all legal elements required for a premises liability claim. Some of the legal elements can be difficult to prove. In general, you must show:
- The property owner owed you a duty of care;
- The owner breached the duty of care;
- The owner knew or should have known about the breach and did nothing to remedy the matter;
- You sustained injuries as a direct and proximate result of the breach; and,
- You incurred damages because of the injury.
Additionally, the investigation into a slip and fall case can be challenging. Most property owners correct the problem after the accident. Therefore, an attorney must search diligently for other evidence that proves your fall was because of negligence or other wrongdoing on the part of the property owner.
A property owner also may raise several defenses, such as comparative negligence and trespassing, that could be difficult to overcome. An experienced slip and fall attorney in Kansas City is prepared for these tactics and understands how to fight back to protect your legal rights and best interests.
Contact a Kansas City Slip & Fall Attorney for a Free Case Review and Strategy Session
The Law Office of Kevin J. McManus handles a variety of premises liability cases, including slips, trips, and falls in Kansas City and throughout Kansas and Missouri. Our Kansas City slip and fall attorney understands how to investigate these cases to identify responsible parties and gather evidence that proves fault and liability. We know how to fight unfair defense tactics designed to cheat you out of the compensation you deserve after being injured on another person’s property.
Contact our law firm by calling 816-203-0143 to schedule a free consultation with a Kansas City premises liability lawyer serving Missouri and Kansas clients.