Slip-and-fall accidents are more common than most people think. Whether they happen by slipping and falling on spilled liquid or uneven pavement, victims may be entitled to compensation.
These accidents can sometimes be even more dangerous than the average car accident, leaving victims with hefty medical bills and even worse consequences.
There are several misconceptions when it comes to slip-and-fall injuries. Hiring personal injury attorneys is a big step toward understanding what can be done in such situations. However, it's also important to find as much information as possible about these accidents just in case they ever happen in the future.
This article covers the most common slip-and-fall injury myths in Iowa, as well as the reasons why hiring a personal injury lawyer will always be in the victim's best interest. They can also be beneficial when explaining common pedestrian accident myths in Iowa.
Myth One - Slip-and-Fall Injuries Are Always Minor
There's a common belief that slip-and-fall accidents are never severe, only causing minor bruises. Unfortunately, some circumstances can make the injuries much worse for the victim.
A slip and fall can happen in any place, including stores, private properties, or public spaces. The main reason why these accidents can become fatal is that the surface where the person lands isn't always smooth or even.
Another factor that affects a person's injury is the height of the fall. Falling from considerable heights will often lead to worse consequences.
Older adults also have a higher risk of sustaining life-threatening injuries. Some of them include traumatic brain injuries, spinal cord wounds, and fractures.
Myth Two - Medical/Auto Insurance Always Covers Victims, so They Don't Have to File a Claim
Having coverage from car/health insurance is always great, but that doesn't mean the policy will cover the full extent of the injury.
Most of the time, medical insurers have a deductible plus a co-payment requirement that the person must cover first. Also, some insurers only cover medical bills, leaving lost wages and other out-of-pocket expenses on the table.
Usually, the victim's own insurance company won't cover additional factors like pain and suffering either.
In those cases, the victim may seek legal representation and file a lawsuit. Depending on the case, the at-fault party's liability insurance may pay for several costs associated with the accident, including medical expenses and mental health damages.
Myth Three - Victims Must Always Go to Court to Get Compensated
Most personal injury claims are settled before going to court, so this myth is false.
Usually, taking personal injury cases to court isn't convenient for either party. The process involves more time and money, which is not a luxury that everyone has.
Even if the victim needs to take the case to court, there's no need to worry. About 95% of pending cases end in pre-trial settlements. In other words, several cases are settled before the victim has to go through an entire court process.
Myth Four - Compensation Money Is Always Guaranteed
Unfortunately, there's no guarantee that victims will get enough money to cover their expenses, whether the case involves a car accident, medical malpractice, or a slip and fall.
Most claims are unique, so they'll involve specific factors like the victim's own negligence, the property owner's liability, etc. Even if the victim is able to recover compensation for what happened, that doesn't mean that they won't have to pay out of pocket for certain things, such as extra medical treatment.
Talking to a personal injury lawyer can help victims get a rough idea of how much they could earn from their case, although this isn't necessarily a guarantee either. They can also discuss common dog bite injury myths in Iowa.
Myth Five - You Can File a Personal Injury Lawsuit at Any Time
All states have unique requirements regarding filing lawsuits. In Iowa, people have two years from the date of the injury to file their claim. This is called the statute of limitations.
There are a few exceptions to this rule if the victim:
Didn't know that they were injured right away.
Was legally disabled at the time of the accident.
Was a minor at the time of the accident.
Was hurt on government property.
Failing to file a claim in time can lead to the person losing their right to seek compensation. Victims should seek medical attention immediately and start gathering evidence to file their claims as soon as possible.
Myth Six - You Don't Need a Lawyer to File a Claim
Technically, this is true and false. While victims don't need legal representation to file a claim, it's often recommended to take it. For more information, a slip and fall lawyer may be able to help.
Most people don't have a thorough understanding of their state's personal injury law, and insurance companies will use that in their favor. Insurers often have considerable teams of lawyers working for them, so the chances of winning without legal representation are low.
Myth Seven - Property Owners Are Always Liable
One of the most common beliefs in slip-and-fall accidents is that the property owners are always liable for what happened. Unfortunately, these accidents are not so simple to address.
Liability for such an accident depends on proving negligence. In other words, the victim must prove that the owner didn't take reasonable steps to maintain safety in the area. However, if they aren't able to do that, or if the investigation concludes that the accident happened because of the victim's carelessness, the property owner may not be liable.
Myth Eight - It's Not Possible to Recover Compensation If the Victim Was Partially at Fault
Iowa works under a comparative fault system. It states that, as long as the victim is under 51% at fault for what happened, they can still recover compensation.
However, this system will adjust the victim's compensation according to how liable they are. If they were 20% at fault for the accident, for example, they would get that money deducted from their settlement.
Bottom Line
Handling slips and falls is different from taking motor vehicle accidents or other related events. The injured party should always seek help from a team of professionals who can walk them through the entire process.
Those who are interested in learning more about slip-and-fall accidents in Iowa can seek a free consultation with the team at Tom Fowler Law today.
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