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Las Vegas Slip and Fall Attorney

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Slip and fall accidents account for over one million emergency room visits each year. Slip and fall accidents are also the leading cause of occupational injuries for employees over 55 and the leading cause of workers’ compensation claims. If you or a loved one suffered injuries in a slip and fall accident, contact DiMarco | Araujo | Montevideo to schedule a free case evaluation with a Las Vegas slip and fall attorney.

Why Hire Our Law Firm?

  • DiMarco | Araujo | Montevideo has more than 40 years of experience handling all types of civil claims for clients since 1979.
  • We believe in close and direct communication with our clients and do not delegate crucial case updates to paralegals or legal assistants.
  • We offer free consultations to help potential clients better understand their legal options after injuries with no obligation to hire our law firm.
  • Our injury attorneys also want to help provide legal representation to those who need it most, regardless of their financial situations. Our contingency fee billing means that we only collect legal fees as a percentage of the award for a successful claim.

Is an Attorney Necessary After a Las Vegas Slip and Fall Accident?

Slip and fall injuries can potentially cause severe injuries like bone fractures and traumatic brain injuries. These wounds can, in turn, lead to lost income from missed time at work while recovering, lost earning potential from permanent disability, and significant pain and suffering.

Our Las Vegas personal injury lawyers can help build a strong case and handle a client’s legal matters while he or she recovers and arranges for expert witnesses like safety experts and medical professionals to testify on the client’s behalf. The attorney can also help navigate insurance claims, workers’ compensation claims, and the potential for legal action against multiple defendants. Ultimately, hiring an attorney increases the chances of a plaintiff succeeding with a slip and fall case and will likely secure more compensation than the plaintiff could have secured on his or her own.

Where Do Slip and Fall Accidents Typically Happen?

Slip and fall accidents can occur in a wide variety of places in and around the Las Vegas area. The reality is that anywhere property owners have control over their premises is a location where a slip and fall accident could occur. Negligent property owners and property managers are everywhere around the city.

Some of the most common slip and fall incidents that occur in the Las Vegas area happened at:

  • Grocery stores
  • Malls
  • Sidewalks
  • Corporate office buildings
  • Parking lots
  • Stairwells
  • Escalators or elevators
  • Restaurants
  • Casinos
  • Hotels
  • Sporting events
  • Job sites
  • Construction sites
  • Clubs
  • Bars
  • Government buildings
  • Residential apartments
  • Residential homes

Regardless of where a slip and fall incident occurs, we encourage you to reach out to legal assistance as soon as possible. Sometimes, these incidents happen in areas where the victim knows the property owner or manager, and this might discourage them from reaching out for assistance. 

However, we do not want you to think of filing a personal injury claim as being against a friend or family member. Rather, you file a claim to help ensure your long-term health and well-being. In most situations, the claim gets filed against an insurance company, not a family or friend. 

Many Causes of Slip & Falls Are Preventable

Property owners have a duty to ensure the safety of their premises, particularly in areas where others have the right to be or where the property owner reasonably expects a person to be. This includes business owners, property managers, those who operate apartment complexes, as well as private residence owners. One of these duties is to ensure that common causes of slip and fall incidents are prevented or taken care of when a problem comes to light.

Some of the most common and preventable causes of slip and fall incidents in Las Vegas include:

  • Wet floors
  • Slick floors (often caused by over-waxing)
  • Uneven sidewalks or pavement
  • Defective railings
  • Defective stairs
  • Inadequate lighting
  • Merchandise or other obstacles in pathways
  • Crumbling curbs or pavement
  • Torn or loose carpeting
  • Warped floors

Common Slip and Fall Injuries

The following common slip and fall injuries often require extensive medical care for a victim and, in some situations, could lead to long-term disabilities:

  • Wrist, knee, or ankle sprains
  • Concussions or traumatic brain and head injuries
  • Fractured, dislocated, or broken bones
  • Whiplash
  • Spinal cord trauma
  • Lacerations or puncture wounds
  • Fractured hips or pelvis
  • Facial injuries

The overall severity of a slip and fall injury will vary depending on several factors, including the relative health of the victim as well as their age. For example, elderly individuals may be more prone to significant bone fractures, dislocations, or brakes than younger individuals. Additionally, those with a pre-existing bone or joint condition could suffer from serious injuries due to a slip and fall incident.

One of the complexities of slip and fall injury claims is adequately explaining the severity of the injury to the insurance company or a personal injury jury. What may, on the surface, seem like a relatively minor injury may actually be much more severe than people understand. A skilled slip and fall accident lawyer in Las Vegas can help injury victims explain the severity of their injury to the insurance company or personal injury jury.

Las Vegas Slip & Fall Accident Lawyer

Proving Fault for a Slip and Fall

When slip and fall injuries occur in the workplace, an injured employee in Las Vegas can file for workers’ compensation benefits for medical expense coverage and weekly benefits until he or she can return to work. Workers’ compensation can also provide lifetime benefits if an injured employee develops a permanent disability from a slip and fall accident.

If a slip and fall occurs on private property, the injured person may need to file a premises liability claim against the Las Vegas property owner. Similar to proving negligence in a personal injury claim, the plaintiff must prove the property owner was negligent in his or her care of the property or failed to warn the plaintiff of a known safety hazard on the premises. The plaintiff must have been a legal visitor to the property, such as an invitee visiting for personal reasons or a licensee visiting for his or her own reasons. In either case, the plaintiff must have express or implied permission to enter the property from the property owner. Property owners do not owe a duty of care to trespassers.

Securing Compensation for a Slip and Fall Injury in Las Vegas

In the event you sustain a slip and fall injury caused by the negligence of a property owner in the Las Vegas area, you should be able to recover various types of compensation for your losses. At DiMarco | Araujo | Montevideo, we have a track record of success in recovering compensation on behalf of premises liability victims, and we always strive to recover economic and non-economic damages.

Economic damages associated with a slip and fall incident revolve around calculable costs that a victim endures as a result of the incident. Our team will gather any bills, receipts, and invoices you receive to properly add up the following types of losses:

  • Emergency medical expenses
  • All ongoing doctor or hospital costs
  • Medical devices and prescription medications
  • Lost wages if a slip and fall victim cannot work
  • Household out-of-pocket expenses and service needs

Non-economic damages associated with a Las Vegas slip and fall incident are not as easily measurable as the economic costs just mentioned. These are the types of losses that revolve around what we consider pain and suffering damages. Specifically, we want to recover compensation for our clients’ physical pain and suffering, emotional and psychological distress, and loss of enjoyment of life resulting from the slip and fall incident. 

Our team will use various methods to help adequately calculate these total losses based on the total economic damages. This often means using a multiplier method that takes the total economic damages and multiplies that by a set number, usually a number ranging from two to five. For example, suppose a slip and fall accident victim sustains $50,000 worth of medical bills and lost wages. Injury attorneys could use a multiplier of “three” to reach a non-economic damage total of $150,000, bringing the total damage request to $200,000.

Steps You Can Take After a Slip and Fall Accident Occurs

The time frame immediately following a slip and fall incident as well as the days and weeks after the injury occurs are crucial. There are various steps individuals can take, maybe not necessarily in this exact order, to help ensure their well-being and improve their chances of recovering full compensation.

  1. Seek medical treatment. The most important aspect of any type of slip and fall incident is seeking medical care for the victim. Individuals should go to the doctor even if they do not feel much pain right away. Often, slip and fall injuries lead to hidden or delayed injuries. Prompt medical treatment serves two purposes. First, it ensures individuals receive treatment right away. Second, it establishes a link between the incident and any injuries that arise.
  2. Report the injury. The injury must be reported to whichever individual or entity has authority over the property. This can include a store manager or a property owner of some sort. Most entities have reporting procedures in place, which includes them alerting their insurance company to the injury. There needs to be some sort of formal reporting, preferably before you leave the accident scene.
  3. Start gathering evidence. Individuals can often gather some evidence at the scene of the initial incident, but only if the injury is not life-threatening. Individuals can use their phones to take pictures of what caused the injury, as well as photos of the injury itself and the surrounding area. Additionally, if there were any witnesses to the slip and fall incident, their names and contact information should be written down right away.
  4. Reach out to an attorney. A skilled slip and fall accident lawyer in Las Vegas should get involved promptly so they can begin gathering the evidence needed to prove liability. Additionally, an attorney will be the one to take over all communication with other parties on your behalf.
  5. Continue all medical treatment. We encourage all slip and fall accident victims to continue the medical treatment recommended by their doctor. This treatment should continue until their doctor says they have recovered as much as possible with the medical treatment available. Discontinuing care against physician advice could lead to the insurance company or the defendant’s legal team trying to limit compensation payout.

Comparative Negligence Laws in Nevada

In the state of Nevada, there are comparative negligence laws that are used to determine compensation amounts if there are multiple parties at fault. Under these laws, even an individual who is partially responsible for causing their own injuries may still be able to recover compensation, up to a certain limit.

Under the modified comparative negligence system in Nevada, individuals can recover compensation if they are less than 50% responsible for causing the incident. Any individual 50% or more at fault will be unable to recover compensation.

The total amount of compensation a person recovers will be reduced depending on their percentage of fault for the incident. For example, let us suppose an individual sustains $100,000 worth of medical bills and lost wages as a result of a premises liability incident. However, let us also suppose that a jury finds the victim 25% responsible for their own injury in the incident. In this theoretical situation, the individual would receive $75,000 and not the full $100,000 to account for their percentage of fault.

Should I Give a Statement to the Insurance Company?

A common misconception individuals have about injury claims is that the insurance company is there to protect them. The reality is that insurance companies have one goal in mind, and that is to limit how much compensation they pay out to injury victims, even if the injury victim was not at fault for the injury.

Insurance claims adjusters are very good at their jobs, and they are likely going to seem friendly. The claims adjuster may even engage in small talk to lighten the mood and to get a person into a talkative mode, but you need to be wary of this. Insurance claims adjusters will likely call very soon after the incident occurs, well before you know the full impacts of the incident.

We strongly encourage you to let the insurance claims adjusters know that you have an attorney and that all communication should go through your legal counsel. If you do speak to an insurance company, you need to stick to the facts of the case and not engage in any added small talk with the claims adjuster. Do not take any “guesses” About the facts of the case. Make sure the insurance claims adjuster knows that you are seeking medical treatment. Do not talk about your recovery process with the claims adjuster.

The best course of action when contacted by insurance companies after a slip and fall incident is to direct the caller to your slip and fall injury attorney in Las Vegas.

Time Limit for Filing a Las Vegas Slip and Fall Claim

It is crucial for slip and fall victims in Las Vegas to file their claims as soon as possible. In Nevada, the personal injury statute of limitations is two years from the date an injury occurs. This means a Las Vegas slip and fall accident victim has a two-year window with which to file their claim against the alleged negligent party. Failing to do so within this time frame will generally mean the victim becomes unable to recover any compensation for their losses.

Additionally, property owners typically have insurance companies to handle these types of claims. Each insurance company will have its own reporting deadline that claimants must be aware of as they begin this process of seeking compensation for their injuries.

We encourage you to reach out to a skilled slip and fall accident lawyer in Las Vegas who can help ensure the claim gets filed on time with the insurance companies and at the civil court level.

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How Much Does an Injury Lawyer Cost in Las Vegas?

Paying for a slip and fall injury lawyer in Nevada does not have to be impossible. In fact, it should be easy. Our team handles slip and fall cases in Las Vegas on a contingency fee basis. This means a few things for our clients. First, no client pays any upfront or out-of-pocket costs related to their case. They will not pay any legal fees until after we successfully recover compensation on their behalf. The final legal fee will be a percentage of the settlement or jury verdict.

In the event we do not win your case, you pay absolutely nothing. We believe that this type of fee arrangement helps individuals hold at-fault parties accountable regardless of their current financial situation.

Contact Our Las Vegas Slip and Fall Injury Lawyers Today

A successful slip and fall accident claim can potentially lead to compensation for medical expenses, lost income, property damage, and pain and suffering. If you or a loved one suffered injuries in a slip and fall accident, contact DiMarco | Araujo | Montevideo today at (702) 466-1492 to schedule a free case evaluation with a Las Vegas slip and fall accident attorney.

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