Hughes & Coleman | Injury Law Blog

We’ve all seen it, experienced it ourselves or know of a family member or friend that has fallen in a store or commercial setting.  One minute you are out on an errand or shopping and suddenly you have fallen and are injured.  It can be frightening, embarrassing and you may have suffered a serious injury.  In this situation the steps you take can very well mean the difference between having the at-fault party be held responsible for your accident.  These are tips to ensure your slip & fall case is handled fairly.

 First, take a picture of the area or hazard that caused you to injure yourself.  Just about all cell phones have cameras. While they may not be the best option, they should be able to provide an accurate description of the area immediately after the fall.

 Second, write down the names and phone numbers of witnesses.  This is very important as it will give a perspective of the accident from an uninterested party.  If there was a hazardous situation that the store should have known about, this person or persons will be able to provide this information.  I would also try to get a number for any person that you spoke to that worked for the store.

 Lastly, I would have EMS or an ambulance come and check you out at the location.  Typically, when a person is injured they have a great deal of adrenaline.  This adrenaline can mask the injuries you may have sustained. As in auto accidents,  our clients generally feel a lot worse the next morning. The same is true for people that fall.  It is simply better to be safe and make sure you are okay.

 Slip & fall cases in Tennessee are tricky cases.  They can be won, but you will need experienced attorneys to help you reach a settlement of a claim. If you follow these steps, you will start out on the right path towards a recovery.  There are certain legal requirements that must be met for you to have a case.

Popularity: 1% [?]

Besides “how much is my case worth”, this is the second most asked question by new or prospective clients.  As with many questions relating to law, there is not a “typical” answer.  The length of your case depends on several factors.

One factor is the severity of your injuries.  If you have suffered soft tissue injuries to your neck/back, and liability is clear, you are typically going to look at a timeframe of 3 to 9 months.  These cases typically require an injured person to take medicine, rest and possibly attend physical therapy.  On the other hand, you may have suffered a fracture or need surgery.  These case will at times take a bit longer, as we want to ensure all of your treatment is considered by the insurance company when we try to settle your case.

Another factor that determines the length of your case is if this is going to be a litigated matter (taken to court) or if we are going to be able to reach a settlement without litigation.  As noted above, in many cases, we can expect a settlement in a 3 to 9 month time frame.  If the matter becomes litigated, it is quite possible that it could take 18 months or longer to resolve.  While we always try to get the best settlement for a client that is possible, sometimes litigation is simply the best course of action for a claim.

Whether your case is going to settle or be litigated, you are the boss.  It is always the clients ultimate decision to settle or litigate.  It is your attorneys job to give you sound legal advice to help you make the decision regarding your case settlement.

Popularity: 1% [?]