Utah Slip and Fall Accident Lawyer
We’re the Utah slip and fall accident lawyers that you can count on. Have you recently suffered from a fall? Even if it is an accident, you may deserve financial compensation. At Christensen & Hymas, we’re compassionate, professional slip and fall accident lawyers who dedicate our entire legal practice to helping people like you get the legal support you need.
Let us help you put your life back together. Our slip and fall injury lawyers can handle all aspects of your legal case. You don’t have to worry about what to say to the insurance companies or the parties responsible. We can take steps to move your case forward and maximize your compensation while you focus on your recovery. If you’ve been hurt, don’t wait to contact our legal advocates to talk about your case.
How Can a Slip and Fall Attorney Help Your Case?
It’s easy for victims to underestimate the legal process. They may fail to appreciate how serious their injuries are. It may be hard to comprehend how their injuries will change their life or limit them in the future. For this reason, victims often underestimate the value of their case and walk away with far less than they need and deserve.
The legal system can also be frustrating. Court documents have to meet certain requirements. Having the right legal strategy is also important to make your claim a success. Settlement negotiations must be handled with tact. It can all be overwhelming at a time that you should be focused on healing.
That’s how a slip and fall attorney can help your case. You don’t have to go it alone. A slip and fall accident attorney knows what to do in order to file your claim and build your legal standing. At the same time, they know what errors to avoid. An attorney can help you determine realistic, ambitious goals and take the steps to meet them. Along the way, they can explain each step and give you confidence in the legal system and that it’s working for you.
What Can The Advocates Do For My Slip and Fall Accident Case?
The Advocates at Christensen & Hymas want to ensure that you have experienced, skilled and determined legal advocates helping you when you need us most. Ken Christensen and Russ Hymas founded their law firm with the purpose of helping victims respond and recover when they need legal help. Even though they can’t undo the harm that has occurred, they can ensure that you’re treated fairly and that the insurance companies don’t have the upper hand. We’re determined to be The Advocates who are there to serve you when a life-changing fall occurs.
Some of the services we provide to be the best slip and fall accident attorneys for you are:
- Honest and confidential case evaluation – learn the strengths and weaknesses of your case.
- Knowing your long term damages and ensuring that you don’t settle for any less than you deserve
- Speaking to the insurance company, witnesses, and the other party, so you don’t have to
- Preparing legal documents that are accurate and that meet technical requirements
- Building a solid case so that you can make choices on how to resolve the case from a strong legal position
- Going to court for you and advocating on your behalf
- Understanding the legal procedure and using it to your advantage
- Negotiating a non-trial resolution or presenting your case in court
- Explaining the law; being courteous and responsive to you throughout the process
There are many steps involved in ensuring that you receive fair compensation for your case. We know what it takes to get results. When you’re looking for the right slip and fall accident attorney near me, we invite you to meet with our team for a personalized conversation about your case.
Why Do You Need a Slip and Fall Accident Lawyer?
Here are some examples that illustrate why you need a slip and fall accident attorney:
- A person trips and falls over a pallet hiding behind a corner of a grocery store aisle. The grocery store contests their fault. The victim’s attorney helps them get the store’s security videos. It shows that the pallet was left in the aisle for several hours. Incident records show that three other individuals tripped over similar pallets in the store in the months before the accident.
- When a sliding door malfunctions, a person falls as they enter a store. The victim makes a claim with the store’s insurance company. However, the insurance company doesn’t return phone calls, refers the victim to many different claims managers, and stalls the case. An attorney files a formal legal claim in order to demand compensation and beat the statute of limitations.
- After a bad fall on broken stairs, a victim brings a claim. They have long-term damages and serious injuries. Legal counsel ensures that they fully value their future damages, including lost wages and pain and suffering. Their attorney helps them work with the right experts to prove their case.
- January brings heavy snowfall. When a business fails to clear the ice and snow, and slip and fall occurs. The victim brings a claim, but the business brings a motion for summary disposition, denying legal liability. The victim has an experienced attorney who helps them respond to the legal motion and win the compensation that they deserve.
There is a wide variety of legal issues that you may encounter throughout your legal case. Some are factual and center around building the evidence to prove your claim. Other issues are legal and have to do with the procedure of moving the case through the legal system. You also need to counter the attacks from the other party.
You need a slip and fall accident lawyer to help you handle all of these questions and tasks effectively. Even one error can result in the court throwing out your case. However, a slip and fall accident attorney with skill and determination can ensure that you are taking the right steps to maximize your compensation. With the right team of advocates fighting for you, you can rest assured you’re working towards justice and the financial relief that you need after a slip and fall accident.
Slip and Fall Statistics
According to the National Floor Safety Institute:
- Fatal falls occur to men and women in approximately equal numbers
- Non-fatal falls are more common among women than men
- About 8 million people visit the emergency room each year because of a fall. Slip and fall accidents alone account for 1 million hospital visits each year
- The most common serious injury from a fall is a broken bone. 5% of slip and fall victims sustain a broken bone
- Slip and falls are the leading cause of workers’ compensation claims
- The Consumer Product Safety Commission reports that floors and flooring materials lead to over 2 million falls a year
- Falls in the home account for half of all accidental deaths in the home
- One-third of U.S. seniors experience a fall each year
- More than 15,000 people in the United States lose their lives each year because of a fall
- For seniors over 85 years old, falls are the top cause of death from injury
- Nursing home residents fall at a rate of 60% each year
- 10% of seniors who fall sustain serious injury
The Center for Disease Control reports the following slip and fall statistics:
- Fall death rates in the United States have increased steadily since 2007
- Of fall victims of all ages, 20% of victims suffer a broken bone or a traumatic brain injury
- Head injuries and hip fractures are the types of fall injuries most likely to result in hospitalization
- Hip fractures are most likely to result from falling sideways
- Costs for fall-related medical treatment totaled more than $15 billion in 2015 alone. Taxpayers are responsible for much of these costs through Medicare and Medicaid
- Lower body weakness, Vitamin D deficiency, balance problems, vision deficiencies, and certain medications can make a person more likely to fall
- Hazards in a person’s path can also contribute to slip and fall accidents
The National Safety Council says that falls are preventable. Taking time to evaluate fall hazards and speak with family members and employees about the risks can go a long way to making an environment safer. Ladder safety is of particular importance whether it is for home or commercial use. Clothing and footwear needs should also be addressed as a way to prevent slip and fall accidents.
Common Slip and Fall Injuries
Common slip and fall injuries range from broken bones to strains to traumatic brain injuries. There is no one type of injury that is common to all falling accidents. The severity of an injury may depend on the age of the victim, their physical vulnerabilities, the amount of force sustained, and the location of impact. Healing time may also vary based on the availability of treatment, the nature of the injuries, and the ability of the victim to follow the treatment plan.
Typical slip and fall injuries may include:
- Broken bones, including wrist and hip fractures
- Traumatic brain injury, concussion, fractured skull
- Spinal cord damage and paralysis
- Soft tissue damage like sprains, strains, ligament damage, and tendon tears
- Bruising, internal injuries
- Cuts and abrasions
- Knee problems like a torn MCL or ACL
- Shoulder problems
- Mental health injuries including anxiety, depression, and PTSD
Determining the full extent of your injuries is an integral part of any slip and fall legal claim. The value of the case depends on the severity of the injuries that the victim sustains along with other factors. An attorney can help you investigate your injuries to ensure that you have the documentation that you need to pursue the full value of your claim.
What To Do After You Fall
What you do after a fall can directly impact your legal claim and the financial resources that may help you with your recovery. Here are the steps to take when a fall occurs.
- Seek medical attention – Seconds matter after an accident occurs. Seek emergency medical care even if you don’t think you have injuries. Your health is the most important consideration. Plus, immediate health care creates a timeline and begins to verify your injuries.
- Report the accident – Make sure that the person or company responsible for the property has a written report of the accident. If you’re hurt at work, make an accident report to your employer. If the fall occurs at a store, report it formally to the store.
- Take photos – There is only one chance to photograph the accident scene as it is when the fall occurs. Snap photos close up and of the greater accident scene. Note where dangerous objects are located or where spills may have contributed to the fall.
- Identify witnesses – Witnesses can verify your version of events and the dangerous conditions that existed.
- Make notes – In the stress of a slip and fall accident, it’s easy for memories to fade quickly. As soon as you can, jot down notes of who was present, how the accident occurred, and what factors you believe may have contributed
- Continue with medical care – As part of the compensation process, it’s vital to attend medical appointments and follow your care instructions. You need to show that your injuries are serious and that you’re doing your part to get well.
- Contact an attorney for slip and fall accidents – The sooner you contact an attorney, the sooner you can have a personalized action plan for your case. The attorney can work with you to preserve evidence, build your legal position and ensure that your case receives the attention that it deserves.
The minutes, days, and weeks following a slip and fall accident are critical. An attorney can give you a concrete action plan that is specific to your case. In order to receive fair compensation for your case, you must take action. An attorney can work on your behalf to take the right steps and build your case.
Utah Slip and Fall Claims
Utah law 78B-2-307 gives a slip and fall victim four years to initiate a legal claim. Slip and fall claims in the state are built on the legal principle of negligence. That is the person who causes the accident should pay for the consequences.
The fall doesn’t have to be intentional – in fact, most accidents are not intentional. Instead, legal liability can be based only on a lack of reasonable, ordinary care. The standard is whether the other party acted reasonably under the circumstances. For someone who maintains a property that others visit, like a business owner, the standard of reasonable care is quite high.
Comparative Negligence in Utah Slip and Fall Laws
Comparative negligence applies in slip and fall claims. Utah law 78B-5-818 assigns a system of shared fault to evaluate claims. Even if the victim shares some blame, they generally can still recover some compensation as long as they are less than 50% at fault compared to the other parties who also share fault. The victim’s compensation is reduced by the amount of their shared fault. It’s up to the jury to apportion blame based on the actions of each party. An attorney can help you skillfully prove fault as a critical component of proving your damages.
Damages for a slip and fall accident in Utah may include current and future medical bills, property damage, pain and suffering, mental health treatment, lost wages, and more. Your legal filing documents and the presentation of evidence are two critical factors in ensuring that you correctly claim each category of damages.
If a claim involves only property damage, the victim has three years to start the case under Utah law 78B-2-305.
FAQs About Slip and Fall Accidents
Learn more about slip and fall accidents with answers to your frequently asked questions from our Utah personal injury attorneys:
How do I pick the best attorney for my slip and fall claim?
To pick the best attorney for your slip and fall claim, look for a legal team that specializes in accident cases. There may be unique issues in your case, and a specialist has the training and experience to identify these critical issues. In addition, the firm that you pick should have the personnel and technology resources to handle a significant personal injury claim. Meet with the slip and fall claim attorneys to learn about your case. The team should make you feel comfortable and be able to provide you with an evaluation of the case and an overview of the claims process.
Should I speak with insurance companies after a slip and fall accident?
While it may be necessary to report an accident to the insurance company, your best bet is to let your legal team handle communications with the insurance company on your behalf. The representative from the company may want to build your trust. In reality, they’re hoping that you slip up and provide information that they can use against you. Let an attorney help you cut through the red tape and the things that the insurance company may try to do in order to avoid paying you what you deserve.
Should I speak to an insurance adjuster about my slip and fall injury?
It’s best not to give a statement to an insurance adjuster about your slip and fall injury. You may not have full information, or circumstances may change. Plus, it’s easy to make off-hand statements or apologies that can be used against you. Negotiating a fair settlement for a slip and fall injury takes skill. An experienced legal team can help you with when to offer information and how to word a demand letter to the insurance adjuster.
Will a warning sign impact my slip and fall injury claim?
A warning sign may impact your slip and fall injury claim, but there’s a good chance that you still have a claim. A warning sign may be used as evidence of the other side’s efforts to keep the property safe. However, putting out a sign doesn’t excuse the other side of their duty to maintain a safe property. Plus, there’s no guarantee that the warning was in a visible place. An experienced attorney for slip and fall accidents can give you more specific advice about how a warning sign may impact your slip and fall injury claim.
Do I have a claim if I fell because of a faulty handrail?
You may have a legal claim if you fall because of a faulty handrail. Allowing a handrail to degenerate may be an example of negligence that gives rise to legal liability. A handrail may be faulty because of its design or because it is poorly maintained. Maintenance records and prior incidents may all be important to show the state of the handrail at the time of the accident.
Do I have a claim if I slipped on a faulty step?
You may have a claim for compensation if you slip on a faulty step. It depends on the reason that the step is faulty and if the owner or property manager took reasonable action to maintain the step and keep it safe. An investigation into the facts is needed to determine what happened to cause the accident. Once you establish that you have a claim for slipping on the faulty step, you may proceed to establish your damages and the value of your claim.
Can I recover compensation if I slipped and fell on an uneven sidewalk?
You may be able to recover compensation if you slip and fall on an uneven sidewalk. Allowing a sidewalk to remain uneven may be an example of negligence. In addition, the company that constructs the sidewalk may be negligent in the way that they design and build it. Ultimately, liability comes down to a factual question of the actions of each party compared to the reasonable person standard. Whether you can recover compensation depends on an investigation into the specific actions of the parties for who may be liable.
How much is my slip and fall case worth?
Every slip and fall case is different. How much your case is worth depends on factors like legal fault, the extent of the damages, and any legal issues that may impact the strength of the case. The law allows a victim to recover their losses relating to the accident. The more severe the damages and related suffering, the more a slip and fall case is worth. With an investigation, you can determine a likely range of the value of a slip and fall case. If the case goes to trial, the jury has the final say on the value of a slip and fall case.
Attorneys For Slip and Fall Accidents Free Consultation
Have you been hurt in a slip and fall accident? Contact our attorneys for your free consultation. The aftermath of a slip and fall accident can be a frustrating and challenging time. Let us help you with the legal aspects of the claim while you work on your recovery. Come see why our personal injury law firm stands apart for compassionate, professional legal representation with a personal touch. Contact us today.