Premises liability laws in Georgia outline a duty of care owed to visitors by property owners. If you slip and fall on a private, public, or government property, you may be able to file a personal injury claim or suit against the property owner or manager. Despite this, many accident victims end up paying for their losses out of pocket because they don’t understand the state’s slip and fall procedures.
Below, we review everything you need to know about these procedures. Contact an Atlanta Slip and Fall Accident Attorney if you have been injured in a slip and fall.
When you contact a personal injury attorney with a slip and fall case, the first thing they will do is investigate the accident to determine whether you have a case. If it is established that you do, the investigation will also help determine a liable party against whom to bring the claim. This process will usually involve trying to find out the following:
- The party that controlled the property where the accident happened
- Whether you had permission to be on the property
- Whether there was a dangerous condition on the property
- If the party in control of the property knew or should have known about the condition
- If the dangerous condition caused your injuries
Filing an Insurance Claim
Once the attorney, through the investigation, establishes that you have a case, they will usually file an injury claim with the liable party’s insurance company. The insurance company will then send an adjuster to investigate the claim and negotiate a settlement where they deem it appropriate.
Filing a Lawsuit
Should the insurance adjuster and your attorney fail to reach an agreement, the latter may decide to file a lawsuit for damages. This will include filing and serving a complaint against the liable party and sometimes their insurance company. They will then have 20 to 30 days to respond to the complaint by either paying the settlement or electing to proceed with the lawsuit.
If the liable party agrees to proceed with the lawsuit, the case will enter the discovery phase. This is a stage during which the plaintiff and defendant sides share information they have related to the case. It will usually involve the following processes:
- Document production
Once each side has received all the information the other side has, they can attempt to reach an agreement before trial using pre-trial motions like mediation and arbitration.
If both parties fail to reach an agreement during the pre-trial stage, the case will proceed to court. Here each attorney will present their case, including evidence and witnesses. Finally, the judge and jury will decide whether to award compensation or not.
Contact a Slip and Fall Accident Attorney Todayd
Slipping and falling is an often excruciating experience and not one for which you plan. By understanding these slip and fall procedures, you can protect yourself and your loved ones from the financial loss caused by someone else’s negligence. An experienced attorney can help.
Ponton Law is dedicated to ensuring you get the best outcome out of your claim. If you have been injured in a slip and fall, contact us today at (404) 860-2454 to schedule a free initial consultation with James Ponton, an experienced Atlanta Slip and Fall Attorney.