New Mexico Slip and Fall Accident Lawyers

Slip and fall accident cases are perhaps the most common subset of premises liability claims. Do not mistake common for either a minor or an easy case. Insurance companies can make things very difficult when you are seeking money in a slip and fall case. It is vital that you hire an experienced New Mexico slip and fall accident lawyer as soon as possible after you have been hurt to give you the best possible chances of success in your case. 

What Is a Slip and Fall Accident?

A slip and fall accident occurs anytime that conditions around you cause you to lose your balance. You could suffer serious injuries due to the fall. As common as falls are, they can cause serious injuries that could change the course of your life. Slip and fall accidents may occur due to the following:

• Slippery conditions on a floor
• Cracked or broken flooring
• Missing handrails
• Poor lighting
• Loose strings on the carpet
• Debris that is left in your path

How Do I Win a Slip and Fall Case?

There are two different ways that you could potentially prove that the property owner was negligent in your slip and fall case:

• You could demonstrate that they were the ones who caused the dangerous condition by the actions they took, such as leaving debris in your path.
• You could show that the property owner failed to take action to remedy a danger that someone else caused within a reasonable amount of time after they knew or should have known of the condition.

You would need evidence that shows that the property owner was negligent. It is not always easy to obtain this proof. As the claimant, you have your own burden of proof that you must meet to prove your case by a preponderance of the evidence.

How Can I Prove a Slip and Fall Case?

You may begin with your own knowledge that there was something amiss that caused you to fall. However, in any type of personal injury case, it is not what you know that is important, but it is what you can prove. You must have documentary evidence that shows that the property owner was negligent. You would need to gather evidence that shows the cause of your fall and be able to compare it to what a reasonable property owner would have done under the circumstances.

Helpful evidence in your slip and fall case could include: 

• Testimony from witnesses who saw the conditions in the area before your fall.
• Pictures of the scene of the accident.
• Maintenance logs that were kept by the owner.
• Security camera footage that may have captured your fall.
• Testimony from an accident reconstruction expert.

You do not have a large amount of time to gather all of this evidence. Much of it begins to disappear right after the accident, making it even more crucial that you contact an experienced slip and fall accident lawyer as soon as possible. Some of the evidence may be in the hands of the responsible party, meaning that you would need to obtain it through the lawsuit process.

How Much Is My Slip and Fall Case Worth?

Insurance companies like to minimize the extent of their injuries whenever possible because it is in their own financial interest to do so. They attempt to argue that it was “just a fall,” and you may not be as hurt as badly as you claim. You would need to fight to explain the scope of your injuries to receive the highest amount of compensation.

The exact amount of your compensation depends on both the extent of your injuries and the amount of insurance coverage available to pay for your damages. Your slip and fall settlement could include the following:

• Medical expenses
• Lost wages
• Pain and suffering
• Emotional distress
• Scarring and disfigurement
• Loss of enjoyment of life

How Do I Pursue Compensation for My Slip and Fall Injuries?

There are two potential ways to seek money for your slip and fall injuries:

• You can file a claim against the responsible party’s liability insurance.
• You can file a lawsuit against the responsible party in court.

You would not always be suing the owner of the property for your injuries. Your slip and fall case is against the party who had control of the property at the time of your injury. For example, if the owner of a store leased the property from someone else, you would sue the store owner because they were the one who could have acted to prevent your injuries.

What if My Slip and Fall Claim Is Denied or the Insurance Company Is Not Offering Me Enough Money?

The insurance company does not get the final say about whether you are entitled to compensation and how much you can get. They merely represent the responsible party in the legal process. Your ultimate legal rights would be determined by a jury after you have filed a lawsuit. Thus, if the insurance company says no, or they will not offer you a reasonable settlement, you have the right to take your case to trial. 

Your slip and fall accident lawyer would deal with the insurance company on your behalf, and they would give you their professional advice about whether you should sue and go to trial. Remember, you have legal rights that are not solely determined by what the insurance company says. Always hire a slip and fall accident lawyer to represent you as you seek compensation.

Contact the New Mexico Slip and Fall Accident Lawyers at Buchanan Law Firm, LLC for Help With Your Claim

If you have been injured on the property of another, speak to the New Mexico slip and fall accident lawyers at Buchanan Law Firm, LLC. We can learn more about your case during a free initial consultation and discuss your legal path forward. Call us today at 505-900-3559 or contact us online. Located in Albuquerque, New Mexico, we gladly serve clients in Santa Fe and the surrounding areas.