How An Asheville Slip And Fall Lawyer Can Help You Receive Compensation
Slip and fall accidents can happen anywhere, at any time — and they can have serious consequences. But if you’ve been injured in a slip and fall accident in Ashville, North Carolina, you’re likely wondering what the law says about your rights to compensation. You may be feeling overwhelmed trying to navigate your legal options or seeking an understanding of the legal jargon surrounding these types of cases.
With a better understanding of the North Carolina laws in place, you can make a more informed decision about whether it makes sense for you to pursue legal action or seek a different path toward the resolution of your case.
North Carolina Slip And Fall Injury Law Overview
If you’ve been injured in a slip and fall accident in North Carolina, it’s important to be aware of your rights under the law. In this state, injured people may be able to receive compensation for their medical expenses, lost wages, pain and suffering, and other damages they may have incurred as a result of the accident.
In North Carolina, those involved in slip and fall accidents are protected by the state’s comparative negligence laws. Under this law, an injured person can recover damages if they are found to be less than 50% at fault for the accident. This means that even if you were partially responsible for the accident, you may still be able to recover some compensation.
It is important to note that a slip and fall injury case needs to begin with a timely filing of case-related paperwork. In most instances in North Carolina, you have up to three years from the time of the incident to file a claim against both people or businesses who may have played a role in your accident.
In addition, when filing your claim, it is important that you keep detailed records of all expenses incurred from medical treatments and any lost wages due to time away from work following your injury. These records can help bolster your case as well as provide helpful evidence should your case need to go before a jury or judge.
Liability of Responsible Parties in Slip And Fall Claims
When identifying who is liable for a slip and fall accident in North Carolina, there are two main entities — the property owner and the occupier.
Let’s start with the property owner. If they had knowledge or should have had knowledge of the unsafe condition causing the slip or fall, they will be considered liable for damages. For example, if the property owner knew that a wet floor wasn’t properly marked with a warning sign, they would be responsible for damages if someone slipped and fell on it.
Next is the occupier. This is anyone in control of the property or who has permission to use it. This usually applies to businesses with customers on their premises, as both parties enter an agreement when someone enters their store or building.
It’s important to note that this legal term does not include trespassers on private property; therefore, if someone enters your property without permission and slips and falls, you won’t be held liable for any damage or injury caused by the accident.
Negotiating Or Filing A Slip And Fall Claim in NC
If you’ve been injured in a slip and fall accident, you may be entitled to receive compensation from the person or persons responsible for the accident. In North Carolina, the law governing slip and fall claims is known as the North Carolina State Statute of Limitations, or the NC Statute for short.
The NC Statute of Limitations provides two different paths to pursue a slip and fall claim: either direct negotiation with insurance companies or filing an official lawsuit in civil court.
Negotiation with Insurance Companies
When it comes to negotiating with insurance companies, North Carolina passes the burden of proof on to the injured party. That is, you must provide sufficient evidence that you were injured in a slip and fall accident due to negligence on behalf of another party before an insurance company will consider offering compensation. The insurance company will consider all evidence put forth by both parties before reaching a settlement agreement.
Filing A Lawsuit
In cases where negotiation does not result in a satisfactory agreement or cannot be reached at all, then filing an official lawsuit in civil court may be your only option. To file a lawsuit, you must first provide sufficient evidence that you were injured due to another’s negligence before seeking legal assistance from an attorney who is experienced in slip and fall matters in North Carolina.
An experienced attorney will be able to guide you through the court process, ensuring that all paperwork is properly filed, and deadlines are met so that your case stands as much chance as possible of succeeding.
How to Calculate Compensation for Slip And Falls in NC
If you have been injured in a slip and fall accident in North Carolina, you may be wondering how to calculate your compensation. While the courts will consider various factors when determining your settlement amount, there are some specific points of reference that can help you understand the process.
Consider The Cost of Medical Treatment
The first step in calculating compensation is to consider the cost of medical treatment associated with the injury. This includes physical therapy, surgery, and long-term care. It also includes any lost wages that were due to taking time off from work for recovery or therapy.
A major factor in determining compensation is whether or not liability can be established for the accident. In most cases, negligence needs to be proven by demonstrating that a property owner failed to provide a safe environment or that they failed to warn guests about existing dangers.
Pain And Suffering
In addition to medical costs and lost wages, pain and suffering should also be taken into account when calculating compensation for slip and falls in NC. The courts can determine pain and suffering based on the severity of the injury, expected future problems related to the injury, emotional distress caused by the incident, disability resulting from the incident, and any other factors that can show how significantly your life has been impacted by an accident.
Time Limitations for Filing Slip And Fall Cases in NC
When it comes to filing a slip and fall case in North Carolina, it’s important to keep in mind the statute of limitations. In North Carolina, you have three years from when the accident happened to file a claim.
This means that if you slip and fall on someone else’s property, you must start the legal process within three years of when the accident happened. If you don’t, your case will likely be thrown out of court because it is past the deadline set by state law.
It’s also important to keep in mind that there are other time limits that may further reduce your window for filing a claim. For instance, some cities or towns may have ordinances that limit your time for taking legal action even more than three years, so be sure to check with an experienced attorney about any local laws or regulations that may apply.
In addition, if you are pursuing a claim on behalf of someone who has passed away as a result of their slip and fall accident, you should contact an attorney immediately, as there are even stricter time limitations in place due to wrongful death claims.
Hiring A Slip And Fall Lawyer in Asheville, NC
Now that you know the ins and outs of slip and fall accidents and law in North Carolina, it’s time to take the next step—hiring a personal injury lawyer in Asheville, NC.
Researching your Slip and Fall Lawyer
When you’re researching slip and fall lawyers, there are a few things you should look for. You want someone who is:
- Experienced in personal injury cases — especially ones relating to slip and fall cases in North Carolina
- Dedicated to your case from start to finish, including hearing your story, gathering evidence, filing documents properly, staying up to date on state laws
- Able to handle any outcome—if the case goes to trial or negotiations turn sour.
Once you’ve done your research, you can choose someone to represent you that best fits your needs. Make sure that you’re comfortable with both their fee structure and review any contracts carefully before signing.
It’s also important to have an open and honest conversation with your lawyer about what you hope to gain from the process and how much compensation you’re expecting—your lawyer will be working with the legal system to get justice for you, but they need accurate information from the start to make that happen.
Why Choose Us as Your Slip and Fall Lawyer
Have you suffered a slip and fall accident in North Carolina and are considering seeking compensation? If so, you should know that it’s important to choose the right lawyer to represent you. So, why should you choose us as your slip and fall lawyer?
Lakota Denton has years of experience representing clients who have suffered all types of injuries due to slip and fall accidents. We understand the laws surrounding personal injury cases in North Carolina and will fight for your rights so that you get the maximum compensation possible.
Our team is well-versed in injury law related to slip and fall accidents in North Carolina, so you can trust us to provide reliable legal advice regarding your case. We stay up to date on changes in the law so that we can give our clients the best representation possible.
We understand that dealing with an injury can be emotional and trying on top of everything else. That’s why we make it our priority to always provide compassionate service while also fighting hard for our client’s rights. With us by your side, you can trust that no stone will be left unturned when it comes to seeking justice for your injury.
Give Us A Call
In conclusion, slip and fall accidents in North Carolina can be a tricky legal arena if you don’t know what you’re doing. North Carolina is one of the “negligence” states, so it’s important to understand what this means and the steps one needs to take in order to receive the compensation they deserve.
Be sure to document the scene of the accident, if possible; collect witness testimonies; and contact a slip and fall accident lawyer. It’s also wise to double-check that the premises have been suitably maintained and that all safety measures have been taken.
Knowing your rights can help make the process of seeking compensation for a slip and fall accident much less daunting. Give Lakota Denton a call today at 828-333-5996 to schedule your free consultation.
FAQs Relating to Slip And Fall Accidents in North Carolina
Chances are, if you’re researching North Carolina law and slip and fall accidents, you have a ton of questions. Let’s answer some of the most commonly asked questions to help you figure out what your options are when it comes to compensation for your slip and fall accident.
What type of compensation can I get?
In North Carolina slip and fall cases, you may be eligible to receive compensation for medical expenses related to your accident, lost wages resulting from your injury, and other damages such as pain and suffering or emotional distress.
How do I prove negligence?
To prove negligence in a North Carolina slip and fall case, you must demonstrate that the property owner knew or should have known about the hazardous condition on their property that caused your fall. Additionally, they must have done nothing to fix it or warn against it in a reasonable amount of time.
Who is liable for my injuries?
In most cases, the property owner will be liable for any injuries incurred from a trip and fall on their property. However, there are other instances where another party may be held liable for an accident—such as when the property owner does not maintain ownership of the land or building at the time of the injury.
The best course of action, if you’re involved in a slip and fall accident, is to contact an experienced attorney who can help you determine who is liable in your case and what kind of compensation may be available to you.
Lakota R. Denton, P.A. – Asheville Office
36 Orchard St, Asheville, NC 28801