Santa Fe Slip and Fall Attorney

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You may think of a slip and fall as a minor accident that doesn’t result in severe injuries. However, negligence that causes a person to fall is a serious matter. These incidents can cause severe injuries that could be life-threatening. If you or a loved one is dealing with such an injury thanks to a negligent party, you should consult a Santa Fe slip and fall attorney to see if you have a case.

At Egolf + Ferlic + Martinez + Harwood, LLC, we represent those who have suffered accidents due to negligence, and we want to aid in your recovery. We can help you file a claim and represent you as we pursue a settlement to assist you with your medical expenses.

Does Egolf + Ferlic + Martinez + Harwood, LLC Handle Slip and Fall Cases?

At Egolf + Ferlic + Martinez + Harwood, LLC, we’ve long offered our services to those dealing with personal injury cases. Our team has years of experience handling slip and fall cases, and we can leverage our legal knowledge to pursue a favorable outcome for you.

With both extensive experience and personalized guidance, you can trust our legal team to deliver the results you deserve.

What Is a Slip and Fall Injury?

A slip and fall can occur any time someone suffers an injury by falling due to a property owner’s negligence. This is why you may sometimes hear lawyers discuss these cases as premises liability. Property owners have a duty of care to the people on their property to keep it free of hazards. If any hazards do exist, the owner must warn people of them and work to fix the issues promptly.

There are three classifications of visitors on someone’s property, and their relation to the owner will determine the duty of care the owner has. The three distinctions are:

  • Invitees: These are people the property owner voluntarily invites to the premises for a legal reason. The owner has the highest level of care for these individuals, as they must inspect the property for any issues beforehand and warn visitors of the obvious risks when they arrive.
  • Licensees: These are people who have a legal right to be on the property but were not invited. You can think of these as people who work for utility companies or unexpected but welcome guests. The property owner doesn’t have to make any inspections, but the law expects them to provide the same warnings to licensees as visitors.
  • Trespassers: This category covers anyone who is illegally on someone else’s property. In these instances, the property owner has no duty of care to the trespasser unless they are a minor. Property owners cannot do anything malicious to a trespasser, but they do not have to provide a warning of potential hazards.

To argue for a slip and fall case, you’ll need to demonstrate a few elements. You must show you were legally on the property, whether that was by invitation or license. You’ll also need to demonstrate that it was the property owner’s negligence that led to your accident. Additionally, you’ll need to show that the danger wasn’t obvious.

For instance, if you were legally invited to someone’s property and they had a slick floor they didn’t tell you about, this could lead to litigation. However, if you see a large hole in the ground that the owner clearly marked as dangerous and are still injured by falling into the hole, you’ll have a much more difficult time proving this in court.

A slip and fall does not have to occur at someone’s house, as you have a legal right to seek compensation for an injury at a business. In this case, the business owner or manager of the property could be liable. The same restrictions apply to all parties in these scenarios.

What Kind of Injuries Can Happen After a Slip and Fall?

Slip and fall incidents often lead to catastrophic injuries since, in many cases, you won’t have the ability or time to catch yourself or brace for the impact. Some of the most common wounds from a slip and fall include:

  • Spinal injuries: If you land on your back, you risk damage to the spinal cord and resulting complications. These injuries often result in difficulty moving and controlling your body, and the cost of recovery is often quite high. In these scenarios, the recovery isn’t always simple, as it will require several visits to the doctor, and you could be permanently disabled.
  • Hip injuries: Landing awkwardly on your hip can lead to a fracture or a break. Your hip controls much of your leg movement, and an injury to it will leave you unable to walk and work as you normally do for a period.
  • Other Broken bones: If you manage to catch yourself, you could face the prospect of a broken collar bone. If you don’t have time to prepare for the fall and can’t brace for impact, you may break your arm or rib.
  • Traumatic brain injuries: Any trauma to your head can lead to a severe injury and the potential for a long recovery period. You may not have a chance to protect your head during the fall, and even minor contact with something can leave you with a severe concussion.

What Sort of Compensation Can I Expect After a Slip and Fall?

After a slip-and-fall accident, you can try to negotiate a settlement with the property owner or their insurance company. You’ll need to demonstrate that the owner’s fault led to your injury.

The most common compensation clients receive after a Santa Fe injury is for their medical bills. This could be for the initial medical examination and diagnosis as well as long-term medical issues. If you suffered a spinal injury that requires surgery and constant maintenance, the property owner may be liable to assist you with medical bills until you’ve fully recuperated from the incident.

If your injury will leave you unable to work for a time, you can seek damages to supplement your income. The owner will have to pay you a percentage of your lost wages while you are unable to work to help ease the economic burden on you and your family.

Additionally, New Mexico allows victims to seek damages for pain and suffering. This will cover any mental anguish you’ve suffered as a result of the accident and ensuing injury.

What Should I Do When I Suffer a Slip and Fall in New Mexico?

After an injury, you’ll want to see a doctor as soon as you can. Allow them to perform comprehensive tests to find any injuries you may not have noticed. Ask for detailed medical records so you have them as evidence later on.

Make sure you tell the owner of the property about what happened, and also take pictures of the area where you fell. If there is any surveillance footage, it would be useful to acquire a copy for your records. If any witnesses happened to see how the scenario unfolded, speak with them and get contact information. They could act as witnesses later on to provide crucial evidence.

Is There a Statute of Limitations on Slip and Fall Cases in Santa Fe?

In New Mexico, the statute of limitations for most personal injury cases is three years. This statute means you’ll need to officially file a motion within three years, or you lose your right to seek compensation. If you want to file a claim against a government entity because the accident happened on public property, you will only have two years. This timeline is why it’s crucial to seek the services of a lawyer as soon as possible after you’re injured.

Should I Hire an Attorney for My Slip and Fall Case?

We recommend having an attorney on your side when dealing with a personal injury case. Your lawyer will be able to ensure you file all the documentation properly, and they can work with you to negotiate a settlement with the property owner. They can also advise you on what is a fair deal to take and when you should resort to litigation.

There are several legal defenses for property owners to use after a slip and fall, and your lawyer will know these common tactics and try to counter them. A person without much legal knowledge will likely be unable to argue against these strategies and may miss out on a potential payout.

Egolf + Ferlic + Martinez + Harwood, LLC: Seasoned Santa Fe Slip and Fall Attorneys

Slip and fall injuries are often serious, and they can lead to a lifetime of medical bills and consequences. If someone’s negligence caused your injury, you have the right to seek compensation to help ease the economic burden so you can focus on recovery.

At Egolf + Ferlic + Martinez + Harwood, LLC, we are committed to helping victims obtain a settlement that will give them peace of mind. Whether your slip and fall occurred in a home or a business, we have the experience necessary to help you. Contact us today for a consultation.

Contact Us

Egolf + Ferlic + Martinez + Harwood, LLC, is fiercely dedicated to maximizing our client’s compensation for injuries or the death of a loved one. We are ready to fight for your rights until you get the compensation you deserve. To schedule a consultation, call 505-986-9641 or complete our simple online form.

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