Murfreesboro Slip and Fall Lawyer
A slip and fall can occur at work, the store, or even while visiting friends. If you are injured due to a slip and fall while on the property of another, a Murfreesboro slip and fall lawyer could help.
Attempting to calculate your medical bills and lost wages can be daunting and time consuming. However, consulting with a seasoned personal injury lawyer who has the experience with slip and fall accidents can alleviate the frustration from these challenges.Owner’s Duty of Care
A person’s visitor status while on their premises can determine a landowner’s duty of care to warn them of any dangerous condition. There are three categories of a visitor’s status. They are invitee, licensee, and trespasser. Each of these categories has a different duty of care that the property owner must legally follow.Invitee
An invitee is owed the highest duty of care. If there are any known dangers on the premises, the property owner must either fix or correct the dangerous condition or warn the invitee of the dangerous condition.Licensee
A licensee is a person who has permission or an invite to enter the premises. The owner must use reasonable care to remove any dangerous condition or to make the licensee aware of the condition while they are on the property.Trespasser
A trespasser is someone who neither has permission or is invited to be on the property, the landowner does not owe a duty of care to this visitor. However, the landowner must refrain from causing willful or intentional harm to the trespasser once they are discovered on the property.How Negligence Applies in Slip and Falls
Once a Murfreesboro slip and fall lawyer has assessed someone’s visitor status, they can determine whether the owner’s negligence caused the injury. To prove negligence, they must prove that:
- The landowner owed the plaintiff a duty
- That duty was breached
- Their negligence was the cause of any injuries
- The plaintiff is seeking redress because of injuries
A skilled attorney could go over the standard damages that the individual may be able to recover. They are compensatory and non-compensatory damages. Compensatory damages include:
- Medical bills
- Rehabilitative Treatment
- Loss of earning capacity
- Lost wages (Past and Future)
In Murfreesboro, non-compensatory damages are also considered and include pain and suffering, loss of enjoyment of life, and loss of consortium. There is a cap on the total amount that a person can recover for these damages, which is usually around $750,000. However, if the injuries are catastrophic the cap can go up to $1,000,000.
It is important to understand when seeking damages, there should be evidence to support the request. The evidence can be in the form of medical records related to the injury, witness or expert testimony to support the occurrence of the injury, or police reports.Let a Murfreesboro Slip and Fall Attorney Help
Tennessee law allows a plaintiff one year from the cause of action to file a personal injury claim. Twelve months seems like a good amount of time to collect evidence and file a claim, but it can slip away fast.
A Murfreesboro slip and fall lawyer working on your behalf can help to relieve the frustration of being under a time crunch to get your case filed. Call today for a free consultation.