Slip-and-fall injuries are common and can lead to serious, life-altering consequences. Understanding your rights and the process involved in filing a claim can be crucial. Here are some frequently asked questions about slip-and-fall injury claims in Mississippi.

What Is a Slip-and-Fall Injury Claim?

A slip-and-fall injury claim is a type of personal injury case where an individual seeks compensation for injuries sustained due to slipping, tripping, or falling on someone else’s property. These incidents can occur in various settings, including retail stores, restaurants, private homes, or public spaces.

What Must Be Proven in a Slip-and-Fall Case?

To successfully claim compensation, you need to prove the following elements:

1. Duty of Care: The property owner or occupier had a duty to ensure the safety of the premises.
2. Breach of Duty: The property owner or occupier failed to maintain the premises safely or did not warn of potential hazards.
3. Causation: The breach of duty directly caused your injuries.
4. Damages: You suffered actual harm, such as medical expenses, lost wages, or pain and suffering.

Who Can Be Held Liable?

Liability typically falls on the property owner, manager, or occupier. In some cases, multiple parties might share responsibility, such as a property owner and a tenant.

What Should I Do Immediately After a Slip-and-Fall Accident?

1. Seek Medical Attention: Your health and safety are the priority. Get medical help even if your injuries seem minor.
2. Report the Incident: Notify the property owner or manager and ensure an incident report is filed.
3. Document Everything: Take photographs of the accident scene, your injuries, and any hazardous conditions. Collect contact information from witnesses.
4. Keep Records: Maintain records of medical treatments, expenses, and any communications with the property owner or insurance companies.

How Long Do I Have to File a Claim?

In Mississippi, the statute of limitations for personal injury claims, including slip-and-fall cases, is three years from the date of the accident. Failing to file within this period may result in losing your right to seek compensation.

What Types of Compensation Can I Receive?

You may be eligible for various types of compensation, including:

– Medical Expenses: Coverage for current and future medical costs related to the injury.
– Lost Wages: Compensation for time off work due to the injury.
– Pain and Suffering: Damages for physical pain and emotional distress.
– Loss of Earning Capacity: Compensation if your ability to earn a living is affected.

Do I Need an Attorney for a Slip-and-Fall Claim?

While it’s possible to handle a claim on your own, having an experienced attorney can significantly increase your chances of obtaining fair compensation. An attorney can help gather evidence, negotiate with insurance companies, and represent you in court if necessary.

How Is Liability Determined in a Slip-and-Fall Case?

Mississippi follows a comparative negligence rule, meaning your compensation can be reduced by your percentage of fault in the accident. For instance, if you were 20% at fault, your compensation would be reduced by 20%. It’s important to work with an attorney to minimize any assigned fault and maximize your compensation.

What Are Common Defenses Used by Property Owners?

Property owners often use several defenses, such as:

– Lack of Knowledge: Claiming they were unaware of the hazardous condition.
– Open and Obvious: Arguing that the hazard was obvious and you should have avoided it.
– Contributory Negligence: Suggesting that you were partially or wholly responsible for the accident.

Can I Sue If I Was Injured on Government Property?

Yes, but different rules apply. Claims against government entities require following specific procedures and shorter deadlines. Consulting an attorney familiar with government claims is crucial in these cases.

What If the Accident Occurred at Work?

If you were injured in a slip-and-fall accident at work, you might be entitled to workers’ compensation benefits. These benefits cover medical expenses and a portion of lost wages but do not provide for pain and suffering. In some cases, you might be able to pursue a third-party claim if someone other than your employer was responsible for the hazardous condition.

How Kellum Law Firm, P.C. Can Help

At Kellum Law Firm, P.C., we have extensive experience handling slip-and-fall accident cases. We understand the tactics used by property owners and their insurers to minimize or deny claims. Our team is committed to fighting for the compensation you deserve, including medical expenses, lost wages, pain and suffering, and more.

With our main office in Jackson and a satellite office in Port Gibson, we provide convenient access to legal assistance for clients throughout south and central Mississippi. Contact us today at (601) 969-2709 or (601) 590-9000 to receive your free consultation.