One of the most common personal injury case types is premises liability, commonly known as a slip and fall accident. Millions of people go to emergency rooms each year because of these accidents. Many of them may be owed compensation for what happened.
McCoy & Hiestand can represent you as your Kentucky personal injury attorney. We can hold the negligent property owner responsible for your injury, even if they are a governmental entity. Here’s what you need to know about these cases and why you should work with us.
Proving a Slip and Fall Accident
We have to prove that the property owner created a dangerous situation and didn’t warn you sufficiently about the danger. We also have to prove that the hazard caused your injuries. Our lawyers will perform an investigation to prove these so you can win your case.
One of the most important things you can do after your accident is to see a doctor as soon as possible. Adrenaline can hide injuries that could get aggravated by waiting too long for treatment, which could make your health worse in the long term and create more pain.
It also shows insurance companies that you were concerned about your health after a fall. Delaying too long can give them leverage to say that something else injured you or that you weren’t hurt as badly as you claim. In the worst case, they could say you’re faking the entire thing.
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Your Injury doesn’t Have to Be Severe
You don’t need to have head trauma or get a permanent disability to win a slip and fall case. What’s most important is that you have recoverable damages. Damages are the financial consequences of your fall, as well as consequences that the law deems you can recover money for (e.g., pain and suffering).
That said, falls can cause far more damage than you think. Fractures, sprains, and dislocations are common injuries after falls. Hitting your head can cause traumatic brain injury. In the worst cases, your family might need to file a wrongful death claim.
The slip and fall accident attorneys at McCoy & Hiestand can help you no matter what level of injury you’ve suffered. Find out if you have a case by contacting us for a free evaluation. We can estimate your chances of winning and describe your legal options in more detail.
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How Long do I Have to File?
Every personal injury case has a deadline for filing. This deadline is called the statute of limitations. These laws preserve evidence and give everyone a speedy trial, but it also means you have to act quickly to start your case.
Kentucky has a tight deadline for filing personal injury claims. The statute is here but put simply, you have one year from the date of your accident to sue, or the court will deny your claim. This is far sooner than other states, so it’s imperative to speak with a lawyer as soon as possible after you’re hurt.
There are some cases where this deadline could get extended, like with a child’s injury, but don’t count on an exception. Instead, turn to our legal experience to help you with your slip and fall accident in Kentucky.
Is Trial Necessary?
One benefit of working with a slip and fall attorney is that you have a credible threat of suing an insurer if they don’t give a reasonable settlement.
Most personal injury cases settle out of court. Your lawyer’s negotiating skills are enough to get a fair settlement from the insurer. An insurer may insist on paying you less than your case is worth. We will go to trial.
We will represent you in court so a judge and jury can decide on the matter. After hearing arguments from both sides, they will render a verdict. If the verdict is on your side, you will get what the court decides your case is worth.
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How do I Pay for Your Services?
Slip and fall attorneys like us work on a contingency fee basis. This means we only get our fee if you get compensation for winning your case. We do not charge an hourly rate or demand an up-front retainer fee for our service.
If you lose your case entirely and get nothing, you will owe us nothing for our work. Our firm will take a reasonable percentage of your final compensation if you win. That percentage depends on the difficulty of your case, and we will discuss that number with you during your consultation.
This means that anyone can hire the services of a slip and fall attorney, no matter their financial situation.
Contact a Kentucky Slip and Fall Accident Attorney
The team at McCoy & Hiestand is always working to provide the best client experiences and outcomes possible. See if we can help you recover compensation from your slip and fall accident by contacting us for a free case evaluation.
With over 60 years of combined experience in personal injury law and our approach to cases, we’re confident we can help you with your situation. Call or email us to get started.
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