Silver Spring Slip & Fall Attorneys

Slip and fall cases are exactly what they sound like—they occur when a person slips on something, resulting in a fall or injury. Slip and falls can happen anytime, anywhere: going to the store, eating at your favorite restaurant, or even walking from your car to your apartment door. No one plans to have an accident, but these types of accidents could happen to anyone.

Slipping or falling can be startling, painful, and, in some cases, life-changing. Many people do not think that slipping on a patch of ice in the parking lot of their favorite store can be life-changing, but for an unfortunate few, an event like this can cause injuries that affect the rest of your life. The experienced personal injury attorneys at DuBoff & Associates, Chartered can guide you through the steps that it takes to receive this compensation.

Actions After a Slip and Fall Injury

After being involved in some sort of slip or fall case, your thoughts may be scattered. How do you know if it was your fault? Is there any way to receive compensation? What if you were not drastically hurt? Isn’t public property supposed to be safe for the public? These are all appropriate questions to ask an attorney.

What Caused the Fall?

The first thing to do after you have been involved in this sort of accident is to determine what caused you to fall. This could be anything, such as ice, uneven pavement, a pothole, or even some sort of obstruction. The second question to ask is about the duration that these unsafe conditions have been there. Was it a new patch of ice from a recent snowstorm? Was it a curb that had been there for years? The answer to this question will be very important if you decide to try and file a premises liability claim.

In order for a lawsuit to be filed, the conditions must have been considered dangerous. A property owner will not be at fault if someone trips over a curb that follows all regulations and has not caused any problems in the past. However, if someone trips on a curb that has been changed or altered in some way and is deemed unsafe, the injury victim may be able to file a personal injury claim.

Take Note of Your Surroundings

Immediately after your fall, it is critical that you record as much information about the situation as possible. If there is some sort of substance that you slipped on, attempt to take a sample of it with you, so that you can present it if need be. It is also important to take photos of the entire area. Having photo evidence of the obstruction or substance can be crucial in the event that the property owner cleans up the area before a settlement. Preserving your shoes, especially in the event of a slip, can also be a good idea. The property owner may try and argue that your shoes are what caused you to slip and not the obstruction or substance.

Write It Down

While you are still at the scene of the accident, make sure to write down all relevant information. This could include the name of the business, the address, and the telephone number of the property owner. If there were any witnesses, it is very important to get their contact information as well; any information that they have about the event could work in your favor later.

Go to a Doctor

If you need to seek medical attention, go to the physician of your choice. Whether you see a lawsuit in your future or not, it is always important to go to a doctor that you trust and are comfortable with. Many people hesitate to get medical care because they are afraid it will affect their chances of winning a lawsuit down the road. Medical attention comes first; legal advice comes later. However, if you have sustained severe injuries, it is a very good idea to take photos of your injuries, no matter how small or insignificant they may seem. Another very important step when seeking medical attention is to have the doctor document any injuries or treatment that you receive as a direct result of the accident. This official documentation can play a very pivotal role in a lawsuit.

Contact Our Personal Injury Lawyers

The next step in the process is to contact a slip-and-fall attorney. By permitting them an investigation, the lawsuit can begin. The sooner that you take this action, the sooner you can get compensated for the resulting expenses, such as medical bills, time off work, or even just pain and suffering. Everyone who is injured due to a premises liability should fight for the fair compensation that they deserve. 

Who Pays Your Bills After a Slip and Fall Accident?

In a slip and fall accident, identifying potential defendants helps to determine who may be liable for your injuries. Here are the common parties who might be held responsible:

• Residential Property Owners: If you slip and fall on someone’s private property in Silver Spring, such as a home or apartment, the owner or landlord might be liable if they fail to maintain safe conditions. This can include things like icy walkways, uneven floors, or inadequate lighting.
• Commercial Property Owners: Businesses, including retail stores, restaurants, and office buildings, have a duty to keep their premises safe for customers and employees. If you slip and fall due to a hazard like a wet floor, broken tiles, or cluttered walkways, the business owner or management company might be held accountable.
• Tenants: In some cases, tenants who lease commercial or residential property may be responsible for maintaining the safety of the premises. If a tenant is in control of the area where you fell, they might be liable instead of the property owner.
• Government Entities: If your slip and fall accident occurs on public property in Silver Spring, such as a sidewalk, park, or government building, a local, state, or federal government entity might be liable. Claims against government entities often involve specific procedures and shorter time frames for filing a notice of claim.
• Third-Party Contractors: Property owners and businesses sometimes hire third-party maintenance companies to take care of cleaning, repairs, and overall property upkeep. If the accident was due to the negligence of a maintenance company, they could be held liable.
• Manufacturers and Suppliers: If your fall was caused by a defective condition, such as a faulty handrail or unsafe flooring material, the manufacturer or supplier of those products might be liable. This type of claim would typically fall under product liability.

Determining potential defendants in a slip-and-fall case involves looking at all parties responsible for maintaining the property and ensuring its safety. Consulting with a personal injury attorney can help identify the correct defendants and build a strong case for compensation.

How Much is a Slip and Fall Claim Worth in Maryland?

Determining the value of a slip-and-fall claim in Maryland involves several factors, making it challenging to provide an exact figure without specific details. However, understanding the components that influence the claim’s worth can give you a clearer picture of what to expect.

Factors Influencing Slip and Fall Claim Value

• Medical Expenses: The cost of medical treatment following a slip and fall accident is a major component of your claim. This includes emergency room visits, hospital stays, surgeries, physical therapy, medications, and any future medical expenses related to the injury.
• Lost Wages: If the injury causes you to miss work, you can claim financial compensation for lost income. This includes both current and future lost wages if the injury affects your ability to work in the long term.
• Pain and Suffering: This factor accounts for the physical pain and emotional distress caused by the accident. While it can be more subjective, it plays a role in the overall valuation of the claim.
• Permanent Disability or Disfigurement: If the accident results in long-term disability or disfigurement, the compensation amount can be significantly higher due to the lasting impact on your quality of life.
• Liability and Negligence: Establishing who is at fault is critical in a Silver Spring slip and fall claim. Maryland follows the rule of contributory negligence, meaning if you are found to be even slightly at fault for the accident, you may be barred from recovering any compensation. This makes it essential to have clear evidence showing the property owner’s negligence.
• Insurance Policy Limits: The property owner’s insurance coverage can also influence the claim’s value. If the policy has high limits, there may be more funds available for compensation.

Average Settlement Amounts

While every case is unique, slip-and-fall settlements in Maryland can range from a few thousand dollars for minor injuries to several hundred thousand dollars for severe cases involving extensive medical treatment and long-term impacts.  A Silver Springs slip and fall lawyer can assist in gathering evidence, negotiating with insurance companies, and ensuring all legal aspects are properly addressed.

How Long Do You Have to File a Personal Injury Lawsuit in Maryland?

In Maryland, the time limit to file a personal injury lawsuit is governed by the statute of limitations. This law sets a deadline for filing a lawsuit, ensuring that cases are brought to court within a reasonable period after the injury occurs.

You generally have three years from the date of the injury to file a personal injury lawsuit. This period applies to most personal injury cases, including car accidents, slip and fall incidents, and medical malpractice claims. While this three-year limit is the standard, certain situations might extend or shorten this period:

• Discovery Rule: In some cases, the injury or its cause may not be immediately apparent. If you discover the injury later, the three-year period may begin from the date of discovery rather than the date of the incident.
• Minors: If the injured person is a minor, the statute of limitations does not start until they turn 18. Therefore, they have until their 21st birthday to file a lawsuit.
• Government Claims: If your injury involves a government entity, you must follow a different process. Claims against the government often have much shorter filing deadlines, sometimes as short as one year or less, and may require additional procedural steps.
• Mental Incapacity: If the injured party is mentally incapacitated at the time of the injury, the statute of limitations may be tolled (paused) until they regain capacity.

Filing your lawsuit within the designated time frame is critical. If you miss the deadline, the court will likely dismiss your case, and you may lose the right to seek compensation for your injuries. Therefore, it’s essential to act promptly and consult with an experienced lawyer to ensure your rights are protected.

Get a Free Consultation From a Silver Spring Slip and Fall Attorney

No one should have to navigate this complicated time alone. A Maryland personal injury attorney can help you every step of the way. Upon contacting DuBoff & Associates, Chartered, we can begin to assist you and your situation by first sorting through the facts, information, materials, and witnesses. Sometimes the first step can be the hardest or the most confusing. Call us today so we can alleviate some of those feelings for you.

At DuBoff & Associates, Chartered, we understand that your worries never stop. That is why we are always accessible, no matter what time of day or what day of the week. We care deeply for our clients and do everything that we can in order for them to receive the best outcome possible. Please do not hesitate to contact us today if you have slipped or fallen.