Were you or a loved one injured from a serious fall? Here is what you should know about a slip and fall in Mississippi. Give us a call today!
Common Mistakes During a Slip And Fall Case
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.
Slip And Fall Case Timeline
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.
Warning Signs in a Slip And Fall Case
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.
Were you or a loved one injured from a slip and fall in Mississippi and have questions about what you should know about a slip and fall? Contact the experienced Mississippi slip and fall injury attorney, Brad Morris, today for a free consultation and case evaluation.
We can help get your life back on track.
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