St. Louis, Missouri Slip and Fall Accident Lawyers

One moment, you are shopping for your weekly groceries. The next, you are on the ground, and you are seriously injured. A slip and fall can happen at any time, and you may now be suffering the consequences of that accident. 

At Hipskind & Mcaninch LLC, we understand how difficult it can be to overcome the suffering you experienced because of the accident. Here is the good news—your St. Louis slip and fall lawyer is here to help you pursue your slip and fall claim. We offer the guidance, representation, and experience you need on your side when you are hurt and suffering. 

What Is A Slip And Fall?

First, how do you know you have suffered from a slip and fall? A slip and fall can happen when you are injured because you slipped and fell because of a hazard left on the property you are legally allowed on.

For example, you may have been in a store or at a park. Both of these locations may have hazards that leave you injured. While the property owner cannot keep a close eye on the property at all times, they have a duty to warn you of slipping or tripping hazards. If they do not, they may be liable for your legal claim. 

Statutes in a St. Louis Slip and Fall Case

After a St. Louis slip and fall accident, you may have grounds for a slip and fall lawsuit, but what do you need to know before you file? State laws can be complex, and you may be worried about following these laws. A misstep can cost you thousands. It may even lead to your claim being dismissed, leaving you to cover the costs of your damages alone. 

Statute of Limitations

A key statute you will need to consider is Missouri’s statute of limitations. This law sets a time limit for personal injury claims like yours. In Missouri, that means you only have five years to file your claim. Acting now can prevent your claim from being barred and prevent you from paying out of pocket for your expenses. 

Five years may sound like plenty of time to sue for a personal injury, like a slip-and-fall case, but you may be running out of time. Years can pass quickly, and so if you are not preparing shortly after the claim, it is easy to make mistakes and fail to file. Talk to your lawyer about acting fast.

Comparative Negligence

You may also need to be sure the at-fault party does not lay blame on you through a doctrine called comparative negligence. This law states that each party will be compensated proportionate to their fault. For example, you may have slipped and fell while looking at your phone. While the property owner failed to keep their property safe, they may say you were careless and could have avoided the accident. 

If you do not push back against this claim, it may haunt you. Even if you are 10 percent at fault, that can reduce the compensation you receive by thousands of dollars. Rather than accepting partial fault, talk to your lawyer about your options to reduce fault and maximize your compensation. 

St. Louis Law For Premises Liability

Slip and fall cases are premises liability claims, so understanding the laws around these specific claims is key. For example, you need to know that typically, the property owner is liable for any accidents and injuries that happen on their property. 

This goes beyond a slip and fall. Say you fell down the stairs in a business because they failed to repair a broken stair or close off the stairwell. Because they failed to take the proper precautions for your health, you may have grounds for a lawsuit. 

But how do you know you are tracking all the right laws? It can be difficult to juggle so much information when you are hurt and suffering. A slip-and-fall lawyer in St. Louis has the knowledge needed to handle these details, so you can focus on your recovery. 

Deciding To Hire A Slip And Fall Lawyer For Your Case

Knowing Missouri law on slip and fall is only a small part of your slip and fall case. Keeping track of these details alone can be difficult when you are hurt. 

That does not include the other elements of your case. You have evidence to gather and negotiations to complete, all while recovering from the financial and emotional suffering your injuries have caused you. 

You do not have to split your attention. You can instead connect with a St. Louis slip and fall attorney, who can guide you to the answers you need to help you get compensated fully and fairly. 

What to Do After a Slip and Fall in St. Louis

No one is ever fully prepared for a serious injury to happen. Often, immediately after an accident, you may feel dazed, in pain, and confused. Recovery can be difficult when you are hurt and struggling to overcome your injuries. Unfortunately, failing to act can make your situation worse. Because of this, it is key to take certain steps immediately after a slip and fall. 

Lost and confused in the aftermath of a slip and fall? Here are a few steps you may need to take from the minutes and hours following the accident to the coming weeks: 

• Seek Medical Care – After your fall, you may be bruised, sore, and suffering. While a fall may not seem as serious as other accidents, like car crashes, it can still have a serious impact on your physical health. Talk with your doctor about the severity of your injuries and your road to recovery.
• Document What Happened – If possible, make a written or visual document of the details of your accident. Evidence can degrade or be lost over time, and you may forget the details if you rely on your own memory. A document with photos can help you keep a long-term version of your accident. 
• File a Report – After a St. Louis slip and fall, you may have difficulties getting compensated for your serious injuries. In some cases, you may need to report the accident to the police or to the insurance company. The insurer
• Know What Your Claim Is Worth – Before you file a claim or accept an insurance settlement offer, you need to know what you are due. This amount may go beyond the costs of your medical bills. For example, you may need future treatment, or you may have missed days of work. Your lawyer can help you determine what your claim is worth before you file. 
• File a Lawsuit – For some slip-and-fall injury victims, negotiation and settlement are possible. Our lawyers do not settle for less, though. If the insurance company fails to compensate you fairly, our team is ready to take your claim to court. Your lawyer can provide detail about what you can expect if your claim goes to court. 

Who Is Liable in a St. Louis Slip and Fall Claim?

After a St. Louis slip and fall, you need to know who is responsible for the injuries you have suffered. Getting compensated can be difficult without help, and if you are unsure who to sue, it can stall your claim. Without an at-fault party, it is impossible to file a lawsuit.

Typically, liability for a slip and fall in St. Louis falls to one of these parties:

• A Negligent Property Owner – Property owners have a duty to any people visiting their property lawfully and with permission. If they fail to keep their property safe, they may be held liable for all injuries and suffering caused by an injury on their property. 
• Landlords – When a landlord leases an apartment to another person, they create an agreement to uphold the basic safety of those apartments. That includes keeping public walkways safe. While the landlord cannot be held responsible for spills and other issues within a tenant’s apartment, they are required to meet the safety needs of tenants and visitors. 
• Government Agencies – If you slip and fall in a public place, like a park or a government building, you may have grounds for a lawsuit. Keep in mind, however, that lawsuits against the government may be difficult. Contact your lawyer before you file anything so you know what your options are to sue. 
• Equipment Manufacturers and Designers – When equipment manufacturers and distributors design or produce faulty or malfunctioning products, the consequences can be deadly. Fortunately, your slip and fall attorney can identify the at-fault party and ensure anyone who shared liability for your damages is held accountable accordingly.

What Are Common Causes of Slip and Fall Injuries in St. Louis?

While property owners are typically the at-fault party in a St. Louis slip-and-fall case, you may find yourself worried about how to avoid these accidents. You may even be a property owner trying to avoid future accidents. 

One of the most common causes of a slip and fall is wet floors. This may mean someone just mopped, someone spilled a drink or other liquid, or a leak has left the floor slippery. Relatedly, many slip and falls happen because the property owner failed to warn about the danger. A “wet floor” sign or verbal warning should be issued. If not done, they may be liable. 

Another common cause of slip and fall injuries is ice along outdoor walkways. This includes business steps, sidewalks in public locations, and walkways in apartments. Faults for these accidents may lie on landlords or even government agencies to prevent people from slipping and falling on the ice.

Being on vacation also brings us to fun but unfamiliar places. Staying in a different are may make your claim more complicated due to different areas of jurisdiction. Speaking to an attorney helps make things clear as far as the legal situation following your slip/fall injury while on vacation.

Common Slip and Fall Injuries in St. Louis, MO

Many people wrongly assume slip and fall injuries are not that serious compared to injuries in car accidents and other catastrophic injuries. A slip and fall can be just as dangerous, however. Even a blow to the head can cause lasting trauma that can be difficult to overcome.

Below is just a sample of the common slip and fall injuries in St. Louis, MO, you may be able to seek compensation for: 

• Head injuries 
• Facial injuries
• Loss of limb injuries
• Back injuries
• Soft tissue injuries
• Disfiguring injuries and skin scarring
• Neck injuries 
• Broken bones 
• Dental injuries
• Injuries to the shoulder, wrist, and ankle
• Emotional injuries, including post-traumatic stress disorder (PTSD)

Not seeing your injuries on this list? You may still have grounds for compensation for your injuries. Talk with a St. Louis slip-and-fall attorney about your case and get the answers you need about your claim. 

How Common Are Slips and Fall Accidents in St. Louis?

Slip and falls happen every day. It is easy to overlook a small puddle of water, a patch of ice, or another hazard that leaves you fallen and injured on the floor. These accidents can happen to anyone, wherever there may be slick floors or careless parties who ignore the problem. 

However, just because these accidents are relatively common does not mean it will be easy to sue. The at-fault party may fight to avoid paying out for your injuries and suffering. Because of this, it is vital to have an attorney on your side. Your lawyer can take on the at-fault party, prove they are liable, and help you make a full recovery. 

Can I Recover Compensation if I Am Being Blamed for a Slip and Fall in Missouri?

Few accidents are solely the fault of one party or the other. A shared fault is common, but it can also be used to hurt your claim and minimize the amount the at-fault party pays. While you can still recover compensation if you are partly at fault for a slip and fall, you may need help avoiding or reducing the blame. 

For example, the at-fault party may claim you were texting while you were walking, and you missed a visible puddle that caused your accident. If your claim is worth $10,000 and you accept 10 percent of the blame for texting and walking, you may only receive $9,000. That leaves you paying out of pocket for a significant portion of your damages. 

While it is still possible to recover those damages, then, reducing the blame you accept can change your options for recovery. Your lawyer can pursue compensation that covers all your damages, and they have the tools to defend you and reduce the blame you accept. That means fewer dollars paid from your own pocket for an accident another party caused. 

How to Recover Maximum Compensation for Your Damages After a Slip and Fall in St. Louis

Several options for financial recovery are available for slip-and-fall victims ready to demand justice. Generally, these include filing a claim with the insurance company or bringing your case to trial.

Oftentimes, property owners and other liable parties will have homeowners insurance, general liability insurance, or some other type of insurance coverage protecting them. When you file a claim with the insurance company, you can expect to recover restitution for specific types and amounts of damages. However, if the liable party does not have insurance coverage or the insurance coverage is insufficient, you may need to be prepared to go to trial.

Since insurance does not generally compensate for nine economic damages, or losses other than medical bills and personal property damages, it is crucial to prepare to bring your case to trial. Furthermore, insurance companies are not known for putting their claimant’s needs first. 

Since they lose money paying out on claims, you can expect the insurance adjuster handling your case to look for opportunities to reduce your payout whenever possible. Some common tactics insurers might use to reduce your settlement include:

• Delaying the processing of your slip and fall accident claim
• Misrepresenting the policy terms and limits
• Accusing you of sharing fault for your injuries or the accident 
• Disclaiming due to a pre-existing condition

If you hope to protect yourself from being taken advantage of, do not hesitate to get a slip-and-fall lawyer in St. Louis on your side, and you can show the insurance company you are taking your claim seriously.

What Kind of Damages Are Available to Slip and Fall Accident Victims?

Your slip and fall injuries can be costly, and it can be difficult to get a true estimate of what your claim is worth. Your damages, or the costs and suffering you experienced because of the accident, can be difficult to calculate. Talk to your lawyer about your options, including economic and non-economic damages. 

After a St. Louis slip and fall accident, you may face a series of expenses, both immediately after and in the future, that impact your financial health. These economic damages may be medical bills, time off work, or household accommodations like handrails. As these expenses add up, talk to your lawyer about determining their value and getting the full compensation you are due for these damages. 

Non-economic damages are awarded for the intangible suffering you have experienced because of your injuries. These damages include pain and suffering, among others, and can be tricky to calculate. Because of this, you may need the tools your lawyer can offer to calculate them.

Can I Get Punitive Damages in a Slip and Fall Accident?

Punitive damages, also called exemplary damages, may be available in slip and fall accident claims, but they are awarded rarely. If the St. Louis courts determine the liable party’s actions were grossly negligent or willfully harmful, punitive damages may be more likely. However, since punitive damages are designed to be a punishment beyond the damages the liable party is required to compensate you for, they are not something you should count on when calculating the value of your claim. If exemplary damages are possible, your attorney will notify you accordingly.

What To Do If Someone Fraudulently Claims to Have Been Injured Due to Slip and Fall?

If you believe that you are being deceived after someone is injured in your home or business due to a fraudulent slip/fall, reach out to a local insurance fraud attorney for help. Attorneys can help with the investigative process to determine if you were truly at fault for what occurred.

How Our St. Louis Personal Injury Law Firm Can Help After Your Slip And Fall Accident

After any injury, you may feel lost and alone. You do not have the tools and resources you need to calculate your claim’s value. The looming deadline to file a claim may be approaching fast. You may have debts piling up as you try to keep food on the table. 

When all this happens, you may need our slip and fall attorneys from Hipskind & Mcaninch LLC to help you recover after your slip and fall accident. Your lawyer can handle the legal side of your claim, from determining your claim’s worth to representing you in the courtroom. All you have to do then is focus on your recovery, regaining your strength and health. 

We Will Fight to Recover Compensation for All of Your Slip and Fall Accident Injuries

After you are hurt in a St. Louis slip and fall, you may be worried about getting the full compensation you are due. Recovery is tough when you do not have the necessary tools. Worse, the at-fault party and their insurance company will not want to compensate you fairly. 

That is why you need a lawyer who will fight to recover compensation for you. Your lawyer will not settle for less for your injuries because any accident is often more expensive than you think. Your lawyer is prepared to fight for you even if the insurance company refuses to help so that you can rest easy knowing your financial worries are taken care of. 

St. Louis Slip and Fall Accident FAQ

After a St. Louis slip and fall accident, you may have more questions than answers about your claim. Your slip-and-fall accident lawyers are here to help give you the answers you need and take action.

When you are ready to speak with an attorney, reach out for the proper guidance you will need. While waiting to speak with an attorney, check out some of our most commonly-asked questions below. 

Contact a St. Louis Slip and Fall Accident Lawyer

After a slip and fall accident, recovery is not easy. You are juggling expenses, responsibilities, and pain while you prepare for your lawsuit. Worse, a wrong move could spell trouble for your claim. 

Do not accept less than your slip and fall accident claim is worth. The lawyers at Hipskind & Mcaninch LLC are here to help you get the compensation you are due, starting with a free consultation. When you are ready to speak directly to a St.Louis personal injury lawyer and learn more about your slip-and-fall lawsuit options, reach out for help. We can be reached by calling 618-312-1515, or you can use the online contact form below to set up your free consultation.