Slip And Fall Accidents in Louisiana Can Result in Catastrophic Injuries

Slips and falls occur when you least expect them; they usually take you by surprise. Only motor vehicle accidents rank above slip-and-fall accidents as causes of accidental deaths in the country.   

Property owners and businesses in Louisiana, whether public or private, have a legal duty to ensure their premises are free from harm and reasonably safe for customers and guests.

Careful attention to injury prevention and the safety of employees, patrons, invitees, customers, and visitors is essential for the continued success of any business.

Suppose a person is injured or seriously hurt after slipping, tripping, or falling on someone else’s property because of the owner’s negligence. In that case, the injured person is entitled to compensation for medical bills, time off work, and even for pain and suffering.

Suppose you or a loved one have suffered a debilitating and life-altering injury. In that case, you need a highly skilled catastrophic injury lawyer in Louisiana to help you rebuild your life and recover the compensation you deserve.

According to The National Floor Safety Institute (NFSI), more than 2000 people are treated in emergency rooms for slip and fall accidents every day, which accounts for 12% of all emergency room visits in the country.

The Centers for Disease Control and Prevention (CDC) estimates that the average hospital cost for a slip and fall injury is over $30,000. Fall-related medical bills in the country exceed $34 billion annually.

Many slip and fall accidents are work-related and are a common reason for lost days at work. 22% of these cases require more than 31 days off. Slip and fall accidents are most common in the construction, manufacturing, and mining industries.

Catastrophic injuries that slip and fall accident victims sustain include:

· Traumatic brain injuries;

· Spinal cord injuries;

· Paralysis and partial paralysis;

· Multiple/severe fractures;

· Damaged bodily functions such as vision or movement;

· Damaged internal organ functions, and

· Severe bodily impairment.

Catastrophic injuries require immediate emergency care and long-term medical treatment. These injuries often cause impairments or lifelong disabilities.

Young children and seniors can endure catastrophic injuries from even minor falls because of their physical frailties.

Liability In A Slip And Fall Accident

Many slip-and-fall accidents in Louisiana are caused due to some sort of failure on another party’s behalf. This could be the other party’s failure to clear debris, maintain even walkways, clear spilled water regularly, or not warn people of hazards using appropriate signs. For your claim to succeed, you will need to prove the following elements:-

· The property owner and their employees owed you a duty of care;

· They breached the duty of care;

· The breach caused your accident and resulting injuries; and

· You suffered damages resulting from the accident.

You will have to prove beyond reasonable doubt that:-

· The property owner and their employees should have known of the hazardous conditions prevailing on their premises;

· The property owner and their employees did nothing to fix or remove the hazardous conditions; or

· The property owner and their employees caused the hazardous conditions.

Under Louisiana law, a person’s status on the premises determines an owner’s degree of legal liability for the injuries that a person sustains while on the property.

Your status depends on whether you were an invitee, a licensee, or a trespasser at the time of the accident.

A Louisiana property owner owes the highest degree of care and a duty to warn of hazards to an invitee that the owner specifically encouraged to enter the property. For a licensee who may enter the property but wasn’t specifically invited, the property owner owes that individual some recognized duties, but not as many as owed to an invitee.

Comparative Negligence In Louisiana Slip And Fall Accidents

In Louisiana, property owners are bound to argue that the victim should bear some blame for the accident. Louisiana has a “Pure Comparative Negligence “rule. Under this rule, any damages awarded to plaintiffs will be reduced according to the percentage of their fault in the accident.

Proof of plaintiff negligence will not bar a claim entirely, but it could reduce the overall compensation awarded. It is the responsibility of the defendant to establish Comparative Negligence. The property owner must prove that the plaintiff did not demonstrate reasonable care and that they were responsible for injuries sustained. Some common arguments that may be put forward by defendants in Louisiana slip and fall accident cases to establish comparative negligence are:-

· The victim was on a part of the property that they had no right to be on;

· The victim was not paying sufficient attention;

· The victim ignored warning signs about conditions; and

· The victim did not wear appropriate footwear.

Bart Bernard Injury Lawyers – We Use The Reluctance Of Insurance Companies To Go To Trial To Secure Optimal Settlements For Clients 

Slips and falls resulting in catastrophic injuries significantly and permanently affect a victim’s life. Catastrophic injuries may result in disfigurement, dismemberment, loss of bodily function, or other disabilities. A Catastrophic injury may require multiple surgeries, prolonged medical treatment, and even lifelong medical care. Victims may be unable to return to their jobs after these injuries, further constricting their already stressed finances. A catastrophic injury often diminishes a victim’s enjoyment of life.

Not all personal injury lawyers in Louisiana are trained and qualified to oversee cases involving catastrophic injuries. Determining and obtaining appropriate compensation for devastating injuries is typically much more challenging than less severe ones.

After a catastrophic injury, you may not know how long you will be in recovery, out of work, and rebuilding your life. Usually, lawyers encounter insurance policy limits in catastrophic injury cases.

A catastrophic injury attorney at Bart Bernard Injury Lawyers will investigate whether the other party has additional insurance that might cover the damages or if the party can pay over and above the insurance policy limits. 

The significance of having an experienced catastrophic injury attorney can never be overstated. The greater the injury and its consequences, the greater the risk to the victim if their attorney is inexperienced, uncaring, or untrained.

Insurance companies are often willing to do whatever it will take to avoid a payout. They know how to play the waiting game. Meanwhile, an individual injured following a slip and fall accident needs help immediately and relies upon insurance payments to get the required treatment.

Our attorneys are prepared to go to trial for you at Bart Bernard Injury Lawyers. We possess courtroom experience and a record of success to help you maximize your compensation.

When insurance companies find out you have help from a leading local trial attorney like Bart Bernard, they tend to come back with a much better settlement.

Contact Bart Bernard Injury Lawyers today for a free case evaluation. Our Louisiana personal injury law firm is here for you every step of the way.