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At Gingras, Thomsen & Wachs, LLP, we are pleased to offer the services of highly skilled and experienced slip and fall accident lawyers in Waukesha, WI. Our team focuses on all types of slip and fall accident cases.

If you suffered a slip and fall accident, you need to act promptly to protect your rights and ensure you get full compensation for your suffering. Not only is there a limited time for you to take legal action, but any delay in filing a claim increases the risk of valuable evidence being lost. Our Waukesha slip and fall lawyers can guide you on the steps you need to take in a personal injury lawsuit.

Causes of Slip and Fall Accidents

A slip and fall accident refers to an accident where a person suffers injuries due to slipping, tripping, or falling. The most common causes of slip and fall accidents include uneven flooring, broken stairs, spilled liquid, snow or ice, broken tiles, and cords and wires. Even a small pool of water can be enough to cause a slip and fall accident. Slip and fall accidents include all types of falls including stumbling and overextension.

The most common injuries in slip and fall accidents include head injuries, fractures, spinal cord injuries, cuts, bruises, soft tissue injuries, and leg injuries. However, any part of the body can get injured when a person falls.

Unfortunately, some slip and fall accidents can result in severe injuries.  A serious injury can lead to major financial and emotional stress. If you were injured at someone’s property due to their fault, you have the right to seek compensation for your suffering.

Overview of Slip and Fall Laws in Waukesha County

Slip and fall cases in Waukesha County are governed by premises liability laws. Based on these laws, the property owner or occupant is responsible for providing reasonably safe conditions on their premises. If they are aware of any dangers on their property, they have the responsibility to fix it, and if they can’t fix it, they must warn others about the danger. This is known as the duty of care, and it applies to both private and public property owners.

The state of Wisconsin follows a modified comparative negligence system, where the compensation for the plaintiff is adjusted according to their share of the fault in the incident that led to the injuries. However, if the plaintiff’s fault is 51 percent or more, they are barred from recovering any compensation.

Victims of a slip and fall accident in Waukesha must initiate legal action within the statute of limitations, which is set at three years from the date of the accident. If legal action is not initiated within the period specified by the statute of limitations, the plaintiff may lose their right to recover compensation.

If the slip and fall accident happened on government-owned property, the victim is legally required to provide a notice to the government entity within a specified time frame. The statute of limitations for such cases typically has a shorter time frame.

There are various other laws that apply to slip and fall cases in Wisconsin. Our slip and fall accident lawyers in Waukesha, WI, at Gingras, Thomsen & Wachs, LLP, can guide you on the laws that apply to your case.

Establishing Liability in Slip and Fall Cases

A large number of slip and fall accidents are a result of negligence by the property owner or occupant. Generally, the property owner, manager, tenant, or maintenance company is liable for slip and fall accidents. However, establishing liability in such cases can often be tricky. A primary reason why such cases are complex is that the plaintiff needs to prove that the defendant was aware of the dangerous condition and had enough time to address the issue. For example, if the slippery condition on the floor happened only a few minutes before the fall, that might not be enough time for the party responsible for maintaining the property to fix the issue.

Property owners in Waukesha have a limited duty of care for trespassers. While the property owners are not required to warn the trespassers or ensure their safety on the premises the property owner can intentionally harm the trespassers.

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Legal Process to Recover Damages in Slip and Fall Cases

After you have received all the required medical attention for your injuries, it is time to start the legal process to recover compensation. Generally, the first step is to report the incident to the property owner, occupant, or manager. This helps establish a record of the accident. You also need to gather and preserve the evidence that supports your claim.

Hiring an attorney can offer you often-needed guidance on the legal proceedings to recover compensation. If negotiation with the opposing party does not lead to the desired outcome, you can initiate a lawsuit against the defendant. If your case goes to trial, a judge or jury will determine whether the defendant is at fault for your injuries and the amount of compensation you deserve for your injuries.

Compensation for Slip and Fall Accidents

As each slip and fall accident has unique circumstances, it is challenging to determine an average settlement. You could be entitled to economic expenses, such as past and future lost wages and medical bills, and non-economic expenses, such as pain and suffering. The amount of compensation depends on several factors including your share of fault in the accident and the severity of injuries.

For injuries that result in long-term medical care or major loss of earning capacity, the settlement amount can be substantial. In some cases, homeowner insurance can provide coverage for slip and fall claims that occur on the insured owner’s property.

How Can a Personal Injury Lawyer Help?

A personal injury attorney can help you on all legal matters in your slip and fall case. This includes completing all the paperwork, gathering evidence, communicating with the insurance company, and other aspects of the case.

You can explore more about slip and fall accidents and how GTW Lawyers can help you. When you are ready, please contact us to schedule a free consultation with one of our slip and fall attorneys in Waukesha, WI. Our law firm also handles cases that involve medical malpractice and auto accidents, such as a car accident that leads to serious injuries. To learn about the other personal injury areas we help clients recover compensation in, visit our Waukesha personal injury page.

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