Mississippi Slip and Fall Attorneys
With Personal Injury Law Offices in Oxford and TupeloWe know that getting hurt is terrible. It is also frustrating that, because of someone else’s carelessness, you slipped and hurt yourself. We know how awful you must feel. Our Mississippi slip and fall attorneys can help you get the compensation you deserve. Call today for a free consultation.
Defining a Slip and Fall ClaimSlip and fall claims are brought against a liable party who is responsible for your injury. To determine if you may be eligible for a claim, ask yourself these questions:
- Have I slipped or tripped on something?
- Did I get seriously hurt because of this accident?
- Did I slip or trip because of a hazard that wasn’t taken care of by someone who should’ve addressed it?
- Where did you hurt yourself?
- What did you slip or trip over?
- Whose property did this happen on?
- How badly were you hurt?
What You Can Do to Improve the Success of Your ClaimYou are not helpless. There are things you can do that will help you have a successful claim. Here are a few steps you should take right after you’re hurt:
- Collect evidence
- Report your accident
- See a doctor
- Call a lawyer
Why to Hire a Slip and Fall LawyerThere are many benefits of hiring a Mississippi slip and fall lawyer. You have likely never filed a slip and fall claim before. They can be complicated. We wouldn’t expect you to become an overnight expert in a slip and fall case and be able to sufficiently represent yourself in these cases. Also, you likely don’t have the time to fully commit to learning how to defend yourself successfully. We are here to help you get the compensation you deserve. We have handled so many cases in slip and fall. We don’t let the insurance company steamroll you. We fight back to make sure you get results that are both full and fair. If you do this without the help of a lawyer, you are likely not going to get the results that you deserve.
Two Bad Moves to AvoidThere are two huge mistakes we see people make often that we want to urge you to avoid making. The first mistake we want you to avoid is talking to the insurance company that represents the liable party. They will reach out to you asking for a recorded statement. Do NOT give them one. They are trying to get you to say something that will get your case thrown out or reduce your compensation. Another massive mistake is avoiding going to the doctor. You make yourself seem suspicious to the insurance company when you do this. They are looking for any reason to throw out your case. Even if you haven’t gone to the doctor because you need to care for and provide for your family, the insurance won’t see it that way. They will see it as an opportunity to claim that you’re lying about your injuries. We don’t want to see that happen to you.
Frequently Asked Slip and Fall Questions
Who is responsible for paying my medical bills if I was injured on someone’s rental property?
A common question that comes up is, “If I got hurt falling on the steps or faulty stairs or a faulty handrail over at my friend’s house but the friend doesn’t actually own the house, she rents it,” it could be a house or apartment, “is there potential liability against the landowner on that?” The answer is potentially yes. If the injury happened as the result of someone else’s negligence – in this instance it would be negligence concerning faulty stairs, faulty steps or a faulty handrail, or some other defect in the property – yes, the owner of that land is potentially liable for that.The way these claims usually would play out in that scenario is there would be some form of landlord insurance policy or landowner insurance policy that would cover personal injuries on the property where there’s liability. There would be liability if there was knowledge of that danger and it wasn’t corrected, or some other form of wrongful conduct that created that dangerous situation and lead to the injury. There’s also potential, always – and we see it not uncommonly – if there had been some construction there, whether it was new construction or if there had been some form of recent renovations. Sometimes, injuries are caused because of a defect in the workmanship or construction of those stairs or handrail. That potentially is liability on the third party who did the construction or who did the renovations, sort of flowing through the landowner or property owner to that third party who actually did the work and who actually – their error or misconduct or faulty work created that situation.
What should I do if I was injured on a residential property?
We’re often asked, “What should I do if I’ve been injured on a residential property here in Mississippi?” The basic response to that is, if the injury occurred as the result of someone else’s wrongdoing or you believe there was wrongdoing involved, you should probably have that claim investigated with legal representation. There is potentially coverage for injuries on a residential property through the homeowner’s insurance, landlord’s insurance, or renter’s insurance, depending on what the situation is.There also quite possibly – and we have seen these scenarios before – sometimes liability on third parties. For instance, if you’re injured from the collapse of a deck or patio, or some other malfunction in the building structure that wasn’t necessarily caused by the landowner but maybe by someone who did the construction or the work on it, that would be a form of third-party liability where very much so someone is responsible for that injury that happened to you. It didn’t just happen out of nowhere, it happened as a result of someone else’s wrongdoing and, therefore, under the law they’re responsible and liable for that, that maybe outside the landowner themselves. The only way you really get to the bottom of that is having competent legal counsel to really investigate the claim— to understand what the causes were, to understand where legal liability may or may not lie, and to understand what sources of compensation are out there, particularly in the form of insurance. That could be through a landowner’s policy or through some professional liability coverage or other forms of coverage. It’s hard to walk through all of that, to know what to look for or to know how to investigate it if you don’t do these things on a daily basis, and that’s where having competent legal representation really makes a difference. At the Brad Morris Law Firm, and we have extensive experience on premises liability claims. If you have questions or concerns about a potential claim that you or a loved one may have, just reach out to us. Call us or go on our website and we will do our dead level best to point you in the right direction, try to answer your questions, and try to get you the help that you need.
What should I do if I fall due to a faulty handrail?
I was recently asked the question of, “What should I do if I fall as the result of a faulty handrail or some other malfunction of a facility or premises here in Mississippi where I’m visiting?” The answer is, first of all, get medical treatment. First and foremost, you want your health to be taken care of. It’s important to immediately get injuries treated and to follow the directions of the medical providers in terms of follow up and treatment. If it is indicative that there is wrongdoing or neglect, or some form of negligence that caused that injury – in the example given, a faulty handrail or perhaps some other facility defect or construction defect – it’s going to be important to get legal representation involved.People are often uncomfortable going that route of hiring an attorney or looking at potential litigation, but it’s just a fact of life that if someone else caused that injury, the right thing, the moral thing and under the law the proper legal remedy is that the wrongdoer pay for that injury. By holding them accountable, we not only look to make that injured person whole, but also to discourage the conduct and, more importantly, and to make our community safer so an incident like that doesn’t happen again to someone else. Hiring competent legal representation— someone with experience litigating personal injury claims, particularly premises liability claims— is a good first step. From there, you’re legal counsel is going to investigate that claim, look at potential liability under the set of facts as they happen, see if there was wrongdoing involved and, if so, who is responsible for that wrongdoing and start putting together a case, putting together a claim. Often, we’ll be dealing with that responsible party’s insurance company or their adjusters, potentially leading to litigation where you have to litigate the actual liability or the amount of that claim. It’s really hard for someone who does not have legal training to do that on their own, and it’s a big, big mistake to try to do that on your own. Getting legal representation to investigate and to go from there really is the proper first step. If you have other questions about slip and fall incidents or potential premises liability claims, here at Brad Morris Law Firm, PLLC, we’re available to try to answer your questions or get you pointed in the right direction. Just reach out to us on our website or call us and we will try to get you the help that you need.
What common mistakes do people make in their slip and fall claim?
There are several common mistakes that people make with regard to premises liability claims, such as slip and falls, that we see from time to time as potential clients approach us about representation. Let’s run through just a few of those in the context of premises liability claims, or what we often call slip and fall cases. A number of these common mistakes really could apply to all kinds of personal injury cases or just legal claims in general.Looking through some of the big ones, probably the single biggest mistake that people make with regards to a legal claim is just waiting too long to bring that claim. The law has very strict deadlines for which a person can bring a personal injury claim. In the state of Mississippi, for instance, the general statute of limitations deadline, which is what we call these time limits for bringing a claim, is three years here. There are certain factors or circumstances where that statute of limitations can be significantly shorter than three years. For instance, if it involves a public entity like a school, a city or county government, or the state government, or any subdivisions of them, that could be reduced to one year in Mississippi. There are also instances, however, where that three-year period could potentially be expanded, such as when a person is incapacitated or when the claim involves minors, but there’s still very strict limits on the time period for bringing those claims. You cannot play around with the statute of limitations periods. If you wait too long and the statute passes, the claim is barred and you can’t re-bring it up, you can’t say I’m sorry, and the claim is just forever barred and you will never get compensated. The biggest threat and mistake that people make is waiting too long. It’s not just waiting too long until that statute passes, but it’s also waiting too long to consult an attorney. If you show up the day before the statute has run up, or in some cases even a week or month or two before, there isn’t always time for the attorney to do what they need to do to prepare that claim and really protect your rights. Don’t wait. Another big mistake that people make with all sorts of personal injury claims, but it certainly applies to premises liability or slip and fall claims as well, is not getting the medical treatment that they need. They’re focused on getting back to work or taking care of the family, or this or that, and they don’t put a priority on getting the medical treatment. Part of that is psychological. We all do it. We want to believe we’re going to be okay. We don’t like admitting that we’re injured or need help. Medical treatment is scary. If you’ve been injured, one, just from a health perspective, it is so important to get that injury treated. Do it as soon as you know you’re injured and follow the doctor’s and other medical professionals’ advice on continuing treatment, whether that be physical rehab or follow up appointments. Listen to them. They’re there to help you. Follow their advice, go to the follow-up appointments, and go to the other appointments that are designed to help you recover. For one, you’ll be healthier as a result of it, but, from a legal perspective, it also helps with the claim because it’s providing documentation. A big part, oftentimes, of what’s involved in proving and supporting a claim and getting maximum value for that claim is the documentation. It’s not just documentation that an injury happened, it’s also documentation of the treatment, of the diagnosis, of how that injury is impacting the person over the course of treatment and recovery. If the person is getting the medical help that they need and the treatment that medical professionals are recommending, it’s not only helping them physically, but it’s also providing a detailed record of all the different ways that this is intruding on their life, physically, mentally and in terms of daily living. That information becomes very helpful in terms of pursuing and proving the legal claim. Finally, a big mistake people make is trying in the beginning, or sometimes longer than the beginning, to pursue the claim themselves and trying to deal with the oppositional insurance company on their own. Not getting competent legal counsel on these claims is a big mistake, as is reaching out to legal counsel who doesn’t actually have experience working personal injury claims or litigating personal injury claims. Don’t try to do it yourself. Get competent legal counsel involved. Don’t just go get your divorce attorney or the attorney that does your land deeds. Reach out to an attorney who actually does personal injury litigation on a regular basis— ideally an attorney with a track record of success and experience on premises liability and slip and fall cases. Rest assured, the outcome is going to be better and you will be more aptly represented if you do that. Try to avoid these common mistakes if you have a premises liability or slip and fall case. Try to avoid these mistakes on any personal injury claim that you have. At the Brad Morris Law Firm, we are available through our website and through our phone, if you have further questions about your premises liability or slip and fall claim. Call us and we’ll try to answer your questions. We’ll do our very best to get you pointed in the right direction and get you the help you need.
Should I speak with the insurance company after a slip and fall injury?
We’ve been asked if it’s a good idea here in Mississippi to talk to the insurance adjuster or the insurance carrier for that responsible party on your own if you’re the victim of a slip and fall injury. We always emphatically advise you no. That does not just apply to premises liability claims but, really, any personal injury claim. It is in your best interest or your loved one’s best interest to have legal representation involved anytime you are dealing with an insurance adjuster or insurance carrier representing the other party. It’s a good idea to have legal counsel involved even if you’re dealing with your own insurance company on a claim, but that’s a different discussion for a different day.When you are dealing with an insurance adjuster or insurance company who represents the other party, please understand you are starting the conversation at a disadvantage. Unless you’re an insurance adjuster yourself or work in the legal field where you’re handling claims in litigation on a daily basis, you don’t have nearly the experience, the training, or the background that that adjuster has. They handle claims like that all day, every day. They’ve been trained and they have the experience to look for ways to devalue your claim or reasons to deny it altogether. Oftentimes, when people try to do that on their own, they either dig themselves in a hole or they give that insurance company and adjuster ammunition that can later be used against them, and the victim, the future potential client doesn’t even realize that they’ve done that. It’s not intentional, and it’s not necessarily that they are doing something wrong, it’s just that they don’t understand the rules of evidence. They don’t understand how things can later be twisted against them or used to show contradiction in their statement. They don’t understand how claims are valued and how certain wording and information can be used to devalue a claim or deny liability. They’re just really at a disadvantage and you deserve, if you’ve been hurt by someone else’s wrongdoing, to be fully compensated for that. You deserve for them to pay for and make right that burden that has been put on you. Do yourself a favor and get the representation that you deserve on that claim so that it can be worked up from the beginning. Here at Brad Morris Law Firm, we have extensive experience with premises liability personal injury cases or what many people refer to as slip and fall claims. These types of cases are nuanced. You deserve representation that has experience with those and who has a track record of success with them. If you have questions about your claim or just need some guidance, reach out to us through our website or call us. We’ll try to get you on the right path, whatever that may be. We’ll try to answer your questions and get you on the right path for your claim.
How long will it take to resolve my slip and fall claim?
A fairly common type of personal injury claim is the premises liability claim or what a lot of people commonly refer to as slip and fall cases. Whenever we have one of those cases, clients often ask how long it’s going to take for their premises liability claim here in Mississippi to wrap up. Typically, on these types of personal injury claims, you’re looking at around three to six months from the time you get an attorney involved. If the insurance adjuster for the other side is being reasonable and the insurance carrier for the defendant is genuinely interested in resolving the case for a fair amount, and if the extent of the injuries are pretty clearly defined and there’s not a lot of disagreement in terms of putting a value on those, and if fault is very clear, then there’s a decent chance the case could get resolved and get you a fair settlement within three to six months of hiring an attorney.Now, if any of those factors are off – in other words, say there’s a lot of damages or a potential recovery in controversy or liability is disputed— that could contribute to having to go to litigation and file suit and extend the time period that it takes to pursue that suit. With most cases, once you file a lawsuit, you’re looking at anywhere from six months to eighteen months. More complicated cases are going to take longer, such as with cases with higher damages at issue, serious questions or challenges about fault and liability, or just unique legal issues that may have to go up on appeal. All those things could factor in to that case take longer. Typically, if a case is going to resolve before suit is filed or there’s not a lot of controversy, three to six months is what it will take. If suit is filed because different issues are being contested or the case is complex, you’re looking at typically six to eighteen months, but that number could stretch out to 24 or even 36 months on more complex litigation. The most important thing is to have legal assistance involved to help you along the way. That’s typically going to result in a quicker, fairer resolution. Here at Brad Morris Law Firm, we’re available to answer questions and try to point you in the right direction on your premises liability or slip and fall claim. Just reach out to us through our website or give us a call.
How does a warning sign affect my slip and fall claim?
When we talk about slip and fall claims, what we more generally call premises liability claims here in Mississippi, questions often comes up around warning signs. Is the presence of a warning sign a detriment to your potential claim, or does that somehow mean that you don’t have a potential claim? What we generally advise people on that issue is that’s really a question that the lawyer needs to figure out. Don’t try to figure that out on your own or don’t just assume one way or another that the presence of a sign indicates that there was or was not liability or somehow absolves the wrongdoer or premises owner of liability.When it comes to premises liability, or, really, personal injury cases in general, it really comes down to the particular facts of that situation, and you really need a legal professional to be able to analyze that. Yes, there’s common sense involved in our legal system in figuring out liability and who’s to blame, but there are also nuances in the law. If you don’t know what the local law is here in Mississippi, or wherever the claim may arise, and if you don’t have the full set of facts to compare that within the context of the law, then it’s hard to reach conclusions. The presence of warning signs is really fact-dependent because sometimes injuries happen and the warning sign matters, sometimes the warning sign is irrelevant. It’s not always a matter of the warning being at issue. You really need legal help in order to work through that, and that starts by picking up the phone or going on the website and reaching out to competent counsel. Here at Brad Morris Law Firm, we regularly are involved in premises liability cases. We’re happy to try to answer your questions or try to help you figure out any situation where you or a loved one are potentially injured as a result of someone else’s wrongdoing at their premises. More importantly, we just want to get you the help you need and try to point you in the right direction. If we can answer any of your questions, just reach out to us. We’re here.
How do I choose the right slip and fall attorney?
When it comes to choosing the right attorney for a slip and fall case in Mississippi, the recommendation that I make to folks is not that different from what I tell people looking into other types of cases. A slip and fall claim is going to involve injuries, most likely. If the injuries are substantial or if the defendant and their insurance carrier are looking to fight liability or coverage on the claim, it’s going to lead to litigation.One of the first things you want to be looking for in an attorney to represent you on a slip and fall personal injury claim is an attorney who regularly does litigation— an attorney who handles personal injury claims, hopefully on a daily basis or very regularly, and who does litigation of those claims. It’s not just a matter of picking up the phone and telling them how much you want. You need an attorney who is willing to go to the mat and fight for your claim to get you what you’re due and what is fair. The insurance company, the insurance adjuster, and the defense counsel on the other side (assuming your case goes to litigation), are going to have a lot more respect for someone who works those claims regularly and who they know are willing to litigate. You need an attorney who regularly does personal injury claims and regularly litigates those claims. Ideally, what would really be to your benefit is an attorney who has particular expertise and experience in slip and falls, or what we would legally call premises liability cases. If they have worked those cases and have experience on that particular type of case involving claims for injuries arising from premises liability, then they’re going to have an understanding of the law in that particular practice area. They’re going to have some experience of understanding how to work up the case, what kind of evidence is needed to properly prove the case, what pitfalls there are, both in terms of evidence and legally, in a trial on working that particular type of case. If you have an attorney who has litigation experience working personal injury claims, has experience specifically with premises liability or what we call slip and fall cases, and has had success with those, then you’re getting on the right track to getting the right attorney for your claim, whether that is in Mississippi or anywhere else. Here at Brad Morris Law Firm, we have extensive experience with premises liability claims and with injuries that arise from slip and falls and other premises injuries, and we’re here to help. Just reach out to us through our website, give us a call, and we’ll try to get you on the right track and get you the help you need.
How can you help me if the opposing party is ignoring my claim for a premises liability injury?
When we’re discussing premises liability claims, or what a lot of people refer to as slip and fall claims, a scenario that often arises is people shopping in some type of retail establishment or store or shop when heavy items fall. Recently, we were asked about a heavy item – a fire extinguisher – that fell on someone’s foot and caused severe damage. It happened through no fault of the person who was injured, and the question is, “Is there a potential claim for that? Should I be compensated? What do you do when you reach out to the facility or store and their claims department or insurance just ignores the complaint or claim?”In that situation, people are often left with no choice but to reach out for legal representation. The fact of the matter, under the law, is if you have been injured as a result of someone else’s wrongful conduct, you are entitled under the law to be compensated for that. They have an obligation to make it right. The innocent person should not have to suffer as a result of the wrongdoer’s act. The party that is responsible for that injury, under the law, has to step up and make it right and cover the consequences of it. Premises liability claims are unique. They’re different from a car wreck or a medical malpractice claim, so having representation who understands the nuances of premises liability law in the location where this happened or where the claim is being brought is very important. The basic tenets are the same with premises case, that type of injury, as they are with any other injury claim. The wrongdoer must and should be held responsible. If you’re not getting a response out of the responsible party or their insurance carrier or claims department, then you should seek legal counsel and let them handle it. You should not even be dealing with the claims department or insurance adjuster on your own. There’s such a disadvantage to the victim and injured person in that situation that you really do need legal representation if you believe there’s a claim involved. We’re here at Brad Morris Law Firm, PLLC, available to answer questions. We have experience in premises liability claims, and our goal is to just help point people in the right direction, try to answer your questions and, when possible, get you the help that you need. If you believe we can help you on a premises liability claim, reach out to us through our website or our phone number. We will do our best to get you going in the right direction.
Do I have a case if I fell due to faulty stairs?
A potential client recently contacted us who said they had fallen and been injured as a result of faulty steps on some premises where they had visited. That is kind of a classic scenario of what we would call a slip and fall case or a premises liability case here in Mississippi. Whether you’re in Mississippi or anywhere else, that type of scenario certainly raises the prospect of potential liability on that premises owner or, perhaps, some other third-party who may have been involved in causing that dangerous situation or involved in faulty design or construction at that site.Anytime you or a loved one are involved in a situation where there’s an injury that appears to have been caused as a result of someone else’s wrongdoing or negligence, understand that, under the law, if in fact you were injured as a result of someone else’s wrongdoing, you may be entitled to a recovery. The wrongdoer who caused the injury is the one who is actually paying for the consequences and the result of it. Under our law, that’s how we not only compensate people who are injured so that they don’t suffer harms that were caused by someone else, but it’s also how we hold wrongdoers accountable in the civil system so that they avoid that conduct in the future, so that they fix these problems, and so that more people don’t get hurt. If you have questions about a premises liability case or a scenario involving a slip and fall that may involve some form of wrongdoing or bad conduct or negligence on the part of someone else, reach out to competent counsel. Get some advice and let them investigate the claim. You’ll be better off doing it that way than trying to do it on your own. At the Brad Morris Law Firm, PLLC, we have had a lot of success helping people on these premises liability claims. We’re here to answer your questions and try to get you pointed in the right direction. If you believe you’ve been the victim of a premises liability claim, reach out to us through our website or give us a call. We will do our best to get you the help that you need.
Can I sue a city or county if I fell due to a faulty curb or sidewalk?
When it comes to slip and fall cases, we often get asked, “If I slipped and fell because of a defect in the sidewalk or in steps that the city or some other local government owns, can I even bring a claim against them?” The answer is, yes, potentially, although I have to add the caveat that anytime a local government, city government, state government is involved, there is a whole level of added complexity to the claim and the potential litigation.In Mississippi, as in most states, we have sovereign immunity. That’s an old legal theory passed down from way back before the United States was even its own country. It basically means that the sovereign— back then, the king— was immune. Now, what it has done by extension is that there are court rulings that say that the government cannot be sued, except for where the government allows or the people allow by law for the government to be sued. That has led to the creation of a whole body of law involving different immunities. We hear terms like qualified immunity, discretionary immunity, etc.— terms like that that all relate to this idea of sovereign immunity and whether or not in any given situation a local or state government can be sued and held liable for injuries or for various claims. The really short answer on a question about falls or injuries related to defect in sidewalks or curbs or steps that are on city, county, or state government property is that it really does depend. The only way that you’re going to figure that out is having competent legal representation who can really dig into the facts of your case and into the current law, and apply that to figure out whether or not there is liability and therefore a potential claim and compensation available on that injury from the local entity. The the law in Mississippi on this point is evolving, however. There was actually a state supreme court decision that came down in the last 10 to 15 years that updated the way that the courts analyze these cases. As a result of that, there is constantly, now in Mississippi, new rulings coming out that further refine what types of claims can or cannot be compensated for injury as the result of actions or inactions by government officials. It really gets fact-specific. It depends, sometimes, on the type of entity or type of conduct or purpose or function that they are serving. It also directly ties into whether or not other laws and regulations such as the Americans with Disabilities Act, for instance, apply to it. As you can tell, there are a whole lot of factors involved, and what would seem like a very simple question can become a pretty complex one pretty quickly. The bottom line is, if you’ve been injured as a result of a defect in a curb, in a sidewalk, in steps, etc., and that implicates a local or state government, you’ve got to have legal representation. You’ve got to have someone who actually has experience in those types of claims. Don’t delay. Reach out and get help. From there, you can get some answers. At Brad Morris Law Firm, PLLC, we do have experience in these types of claims. If you believe that you have been injured as the result of some type of negligence or malfeasance, in that regard, reach out to us. You can contact us through our website or call us by phone, and we will do our best to answer your questions, try to get you pointed in the right direction on your potential claim and just get you the help that you need.