In and around College Park, Georgia businesses, commercial property managers, merchants, homeowners and other property owners must take reasonable steps to keep their floors, sidewalks, parking lots and other areas of the property safe from slip and trip and fall hazards. Holding landowners and businesses accountable when they fail to make a premises safe for visitors is a primary mission of The Millar Law Firm.
Our attorneys have represented residents of College Park, Fulton County, Clayton County, Union City, Fairburn and surrounding areas for over 31 years. In that time we have won dozens of Jury Trials and recovered over $200 million for our clients in verdicts and settlements. Many of these cases have been trip and slip and fall claims.
Consultations are always free, and we handle cases on a contingency fee – meaning you do not pay an attorneys fee unless our law firm secures financial compensation for you. Call us today at 770-400-0000. Our phones are answered 24 / 7 / 365.
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Here’s How Our College Park GA Slip and Trip and Fall Accident Attorneys Can Help You:
- You may be entitled to recover damages in the form of your medical expenses, lost pay and past and future medical care or inability to work or earn as much money. We obtain medical records, bills and reports to help prove your past and future losses. In many cases we will work with your medical team, life care planners and economists to maximize the amount we are able to recover for you.
- Many businesses only keep surveillance video or certain records for a limited time. When you hire us, The Millar Law Firm will send notice to the potential defendants requiring them to preserve records and evidence.
- A Georgia slip or trip and fall incident can involve more than one defendant. In some cases the responsible companies and persons can include a retail merchant, the store manager, a landlord, a property manager, and a maintence company.
- In complex slip and fall cases, such as when a water leak in a grocery store has caused you to slip and fall, it may be necessary to identify multiple corporations and insurance companies. There may be shared responsibility between the store and its HVAC contractor, for example.
- We regularly employ and use expert witnesses to prove code and standard violations that may have caused your injury. For example, if you tripped on an uneven surface, we may have the area inspected to discover whether a sidewalk, step or threshold was in code.
How Much Does It Cost to Hire The Millar Law Firm to Investigate a Slip or Trip and Fall Case or Claim?
We understand that many people are worried about the cost of hiring a great law firm. Because of this, we handle slip and fall and trip-and-fall cases on a contingency fee. This means you do not pay our lawyers or law firm anything to retain us. Our contingency fee structure means you pay only if we recover money for you, If there is no recovery, you do not owe us any legal fees.
Will I Have to Appear in Court If I Hire Your Attorneys to Make a Slip and Fall Claim?
Not necessarily. Most cases can be settled without having to go through a trial. After investigation and the extent of your injuries and physical recovery are known, many cases can be settled with the insurance company of the at-fault company or person without a lawsuit being filed. And, even if a lawsuit does need to be filed, many of those cases can be settled before a jury trial becomes necessary.
What are some of the Legal reasons an Attorney may be needed for a College Park area slip and fall accident?
- Under Georgia law, you must prove that the responsible company or individuals had knowledge of the hazardous or dangerous condition that made you slip or trip. This can be done by showing “actual” or “constructive” knowlege – that they knew or should have known.
- A victim must also show that the merchant or property owner or manager had a reasonable amount of time and opportunity to repair or clean up the defect or trip/slip hazard.
- Another legal requirement is that you must also be able to show that you were exercising ordinary care for your own safety and were not aware of the danger before you slipped or tripped and became injured.
- If you are not able to prove one or more of these legal elements, the insurance company may not be willing to make a settlement offer – or, if your case is already in a lawsuit, there is a risk the Court may dismiss your case before it can go to trial.
What Should a College Park GA Trip or Slip and Fall Victim Do After Falling and Being Injured?
Here are some things we highly recommend doing after a serious trip or slip and fall incident:
- Take Photos and Video: If you are able to take photographs of what made you slip or trip, or if you can have a witness or companion take photos or video, do so immediately.
- Make a Report: Do not leave a store, mall, parking area, home or other location without notifying the manager or owner or an employee and having a report made. Future defendants and their insurance companies may later claim you were not injured and are making it all up.
- Get Medical Care: If you were hurt, do not delay geting medical care for several days, or even a day (if possible). The longer you wait, the more chance that the responsibile party will claim you did not get hurt on their property.
- Preserve Evidence: A preservation of evidence notice should be sent as soon as possible after the incident to make sure that any video, photos or repair records are preserved. This is one of the first things that our attorneys do in any similar case.
If you have been injured in a slip and fall accident in Georgia, you should contact a lawyer. The Millar Law Firm serves the College Park area – we are ready to help you deal with the aftermath of a slip and fall accident. The sooner you contact us, the sooner they can start working on your case and help you get the compensation you deserve.
What Will Insurance Companies Do To Avoid Paying Victims for Slip and Fall Injuries?
Insurance companies don’t want to pay for your slip and fall injuries. They may fight or try to deny your claim for a variety of reasons, saying or claiming these excuses:
The property owner was not at fault.
You must prove that the property owner didn’t do enough to keep the area safe. An insurance company may attempt to blame another customer, another company or an “act of god” (for example, the weather) for causing your injury.
You were at fault.
A favorite tactic of insurance companies and defense lawyers is to “blame the victim,” by arguing that you were not paying attention to where you were going. In Georgia, this is known as the “failure to exercise ordinary care” defense.
You didn’t report the accident right away.
If you wait too long to report the accident, the insurance company may argue that you were hurt later, and in some other way, and attempt to deny your claim.
You waited too long to file a claim.
In Georgia, you have two years from the date of your injury to file a claim, however, we do not recommend waiting even weeks or months to report your claim. In general, the at fault party and their insurance company should be notified immediately of your injury and claim.
What You Should or Should Not Say to An Insurance Company About a Fall-Down Claim
You may be asked questions by an insurance adjuster after a trip or slip and fall incident where you are claiming an injury. While we recommend speaking with a lawyer first (so you are aware of the defenses), if you do need to speak with an insurance representative, here are some things to keep in mind:
- Be polite and respectful. The adjuster is evaluating you as much as the facts of your case.
- Do not give permission for the statement to be recorded, unless advised by a lawyer to do so.
- Do not be afraid to ask the adjuster to repeat the question if you are not entirely sure what is being asked.
- Don’t agree to sign anything or to be rushed into a quick settlement.
- If you are offered settlement money, review the terms of the offer with an attorney before agreeing to it.
- Do not settle your case unless you know the full extent of your injuries.
What Damages and Losses Can Be Recovered in My Slip or Trip and Fall Case?
Medical expenses:
Medical expenses can include the cost of doctor’s visits, hospital stays, surgery, and prescription medications.
Lost wages:
If you are unable to work due to your injuries, you may be entitled to compensation for lost wages.
Pain and suffering:
Pain and suffering are non-economic damages that can compensate you for what you have experienced as a result of your injuries.
Other losses:
Other losses that may be recoverable in a slip and fall case can include the cost of transportation, medical devices, and physical or emotional distress.
What Evidence May Be Used to Prove A Slip or Trip and Fall Case?
Medical records:
Medical records can document the severity of the injuries that were sustained in the fall.
Property records:
Property records can show who owns the property and who is responsible for maintaining it.
Security footage:
If there is security footage of the accident, this can be useful in proving that the property owner was negligent.
Expert testimony:
If necessary, an expert witness may be able to testify about the condition of the property and the hazard that caused the fall.
When delays or denials occur, your College Park lawyer can:
- Investigate the delay: The lawyer will investigate the delay to determine why the insurance company is not processing the claim. This may involve reviewing the insurance company’s policies and procedures, as well as the specific facts of the case.
- Contact the insurance company: The lawyer will contact the insurance company to try to resolve the delay. The lawyer may be able to negotiate a settlement or get the insurance company to start processing the claim.
- File a lawsuit: If the insurance company continues to delay the claim, the lawyer may file a lawsuit. The lawyer will represent the client and his rights in the unlikely event that the claim actually goes to court.
Very professional staff. Would definitely recommend to anyone looking for legal assistance in this space.
Experience and Focus: The Personal Injury Cases Handled by Our College Park Attorneys
If You Suffered a Preventable Fall in or near College Park Georgia, The Millar Law Firm is here to Help You. Call Today 770-400-0000.