Farmington Slip & Fall Lawyer

How Do I Prove Liability After a Slip-and-Fall?

To win a slip-and-fall case, you must prove that the property owner was negligent and that this negligence caused your injury.

Your slip-and-fall lawyer will gather evidence that involves demonstrating the following:

• The property owner had a duty to ensure the safety of their premises
• They breached this duty by allowing a hazardous condition to exist
• This breach directly caused your injury
• You suffered damages as a result

For example, you told the manager at a store about a wet spot. They acknowledged you but did not clean it up. You slipped and fell because of the puddle, and now you’re facing medical bills. After you tell your attorney about this incident, they will gather evidence, such as surveillance footage, accident reports, and witness statements, to build a strong liability case.

What Challenges Can You Face in Slip-and-Fall Cases?

Property owners may attempt to defend against slip-and-fall claims by making the following arguments:

The hazard was open and obvious

Property owners might argue that the dangerous conditions that caused the slip-and-fall accident were so evident that any reasonable person would have noticed them and avoided them.

For instance, if a store places a wet floor sign near a spill, an owner may argue that the hazard was apparent and any reasonable person should not get injured there.

You were not paying attention or were distracted

The property owner may assert that the accident occurred because the injured person was not paying attention to their surroundings or was distracted during the fall.

A defendant could argue that you were not watching where you were going, so a lack of attention is to blame for the accident, meaning the defendant is not liable.

You were trespassing or not lawfully on the property

If the property owner can prove that the injured party was trespassing or not legally on the property at the time of the accident, they may avoid liability.

If you were on a property with “No Trespassing” signs posted, a property owner may blame you for any injuries.

You contributed to the accident through your negligence

The property owner may claim that the injured person’s negligence played a significant role in causing the accident. This is often called comparative negligence, where the fault is shared between the property owner and the injured party.

An experienced premises liability lawyer will anticipate these defenses and be prepared to counter them effectively.

What Will a Slip-and-Fall Lawyer Do for Me?

Your Farmington slip-and-fall lawyer will handle the legal details of your case.

Your Lawyer Will Build Your Case

A crucial step in your slip-and-fall case is gathering evidence.

Your attorney will investigate the accident scene, document conditions and collect crucial evidence. They will use photographs, witness statements, and relevant records to support your case.

This approach is essential to building a strong case and maximizing your chances of a successful outcome.

Your Lawyer Will Review Medical & Accident Reports

Medical records and accident reports are critical assets in your slip-and-fall claim.

Your lawyer will carefully review these documents to understand the extent of your injuries. They can use the records and expert opinions to establish how the fall caused them.

Proving this apparent link between the accident and your injuries will help verify liability and calculate any financial damages incurred.

They Can Consult Experts & Calculate Your Losses

Each slip-and-fall case is unique, and many are complex. Working with an expert witness can provide your lawyer strong evidence to support your claim.

Expert witnesses include medical professionals, engineers, and accident reconstruction specialists. These witnesses can confirm liability and support your claim that the accident caused your damages.

Their input can be invaluable in establishing a comprehensive and convincing case.

Preparing and filing legal documents

Navigating the legal system requires precise and timely preparation of documents. Your lawyer will handle all the necessary paperwork, such as filing claims, drafting legal motions, and preparing all court documents. This will ensure your case is presented professionally and meets all procedural requirements. Properly prepared documents can help avoid delays or setbacks and advance your claim through the legal process.

They Will Pursue Fair Compensation For You

Your lawyer will work tirelessly to secure the compensation you deserve. They may negotiate with the insurance company for a fair settlement.

If a settlement cannot be reached, your attorney will confidently represent you in court.

FAQs on Slip and Fall Accidents in New Mexico

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

Immediately following a slip-and-fall accident, it is crucial to take certain steps to protect your health and legal rights.

• Seek Medical Attention
• Report the Incident
• Collect Evidence
• Avoid Making Statements
• Contact a Lawyer

2. How Long Do I File a Slip and Fall Lawsuit in New Mexico?

In New Mexico, the statute of limitations for filing a personal injury lawsuit, including slip and fall cases, is generally three years from the accident date.

However, some exceptions could alter this timeframe:

• Government Property: If your accident occurred on government property, your deadline is shorter than normal. You need to file a notice of claim within 90 days.
• Minors: If the injured party is a minor, the statute of limitations may be extended until the minor reaches the age of 18.

A slip-and-fall lawyer can review the details of your case and help you get your claim filed.

3. What Compensation Can I Receive for a Slip and Fall Accident?

If you are injured in a slip and fall accident due to someone else’s negligence, you may be entitled to various forms of compensation, including:

• Current & Future Medical Expenses
• Lost Wages
• Pain and Suffering
• Property Damage
• Disability or Disfigurement

A skilled personal injury attorney can help evaluate the full extent of your damages and pursue the maximum compensation on your behalf.

4. Why Should I Hire a Slip & Fall Lawyer?

When your injuries are caused by someone else’s negligent acts, you deserve full compensation. When you work with the right slip-and-fall lawyer, you can ensure you have the best chance at getting the money you are owed for the damages they caused.

Your attorney can calculate the full cost of your losses, collect evidence, and guide you to a legal solution that fits your needs.

In many cases, insurance companies try to make lowball offers to avoid paying a case’s true worth. Your lawyer can fight against those lowball attempts.

By hiring a knowledgeable slip-and-fall lawyer, you can focus on your recovery while they handle the legal aspects of your case.

Protect Yourself After a Slip-and-Fall Accident

The aftermath of a slip-and-fall accident can be overwhelming and have long-lasting effects on your life. To avoid these consequences, you need a solid and strategic legal defense.

Attorney Patscheck, a former prosecutor, uses her extensive background and knowledge to benefit every client. When your case involves a slip-and-fall injury, she fights to prove liability, challenge any negligence claims, and pursue the best possible resolution.

At Patscheck Law, we know how to hold property owners accountable for their negligence, so we understand what it takes to defend you.