How to File a Lawsuit for Slip and Fall in Missouri

Slip and fall accidents are some of the most common in the US. They often happen on someone else's property and can easily result in serious injuries- including broken bones, nerve damage, head or brain injuries, and even paralysis. 

Understanding the legal process surrounding these claims and how to file a lawsuit for slip and fall in Missouri helps victims navigate a difficult time and seek the justice and compensation they deserve.

What Is a Slip and Fall Accident Lawsuit?

A slip and fall lawsuit is a type of personal injury claim for those injured in an accident or incident caused by someone else. Powell Law Firm also has insight on how to file a lawsuit for personal injury in Missouri.

As the name suggests, these cases involve accidents where a person slips or trips on a surface or obstacle or falls from, into, or out of something.

Slip and fall accidents are common in places where the responsible party has failed to provide a safe space. Hazardous conditions such as slippery or wet floor areas, neglected flooring or stairs, unenclosed hazards, and messy debris can cause someone to slip or fall.

Who Can File a Slip and Fall Accident Lawsuit in Missouri?

Anyone injured because of a dangerous condition created by someone else's actions or negligence may be able to file a lawsuit. The liable party may be the property owner responsible for the area where the incident happened- or a city or state government entity responsible for the upkeep of public areas and walkways. 

A premises liability lawsuit is a common outcome in a slip-and-fall case since property owners are liable for the well-being and safety of all those using the area. 

Because of Missouri's pure comparative negligence rule, a person can still file a slip and fall claim and receive compensation through a personal injury case if they are partly to blame.

Missouri law dictates that if another person is even slightly responsible for causing the injuries, there is a potential slip and fall claim.

An injured person cannot, however, file a fall injury claim if the accident was completely their fault- or if it is determined that any reasonable person would have avoided harm.

They must prove that the business owner or property owner failed in some way to perform their duty of care- and that those actions contributed somehow to the injury.

When to File a Lawsuit After a Slip and Fall Accident in Missouri

In most personal injury cases, the preferable way to recover compensation for an injury is through a fair settlement agreement. An injured party can claim for lost wages, medical bills, and other expenses directly from the at-fault party's insurance company.

If the negotiations between the parties yield an agreeable result, the compensation is paid, and the case settles out of court.

Unless the opposing party has outrightly declared that they are unwilling to settle and deny responsibility, it is best to pursue an out-of-court settlement before filing a lawsuit for slip and fall cases.

Another thing to consider regarding timing is the statute of limitations. Missouri puts a five-year time limit on most personal injury cases- including slip and fall claims. It gives a victim five years from when the injury occurred to raise their claim and file their lawsuit.

There are some exceptions. People have a much shorter timeline if they claim against a government agency or entity. In these cases, the slip-and-fall statute of limitations is just 90 days.

The allowed time is also shorter if the injuries result in death. Missouri allows three years for a wrongful death claim or lawsuit. For more information, a slip and fall lawyer in St Louis may be able to help.

How to File a Missouri Slip and Fall Accident Lawsuit

Remember, lawsuits are generally filed after settlement negotiations fail, so some of these steps may be organized already for those resorting to a trial. If a slip-and-fall case is going straight to court, these are the steps the victim should follow.

1: File a Police Report and Seek Medical Attention

The first thing anyone should do after a slip-and-fall accident is medical attention. If the person is not incapacitated, they should contact the police as soon as they can and bring them to the scene. 

Medical records and police reports are crucial in every slip and fall lawsuit. Without them, it can be difficult to fight a case at all. 

Make sure there is an official police record of the incident- and that the victim has seen a medical professional as soon as possible. 

2: Hire an Experienced Slip and Fall Lawyer

Missouri slip and fall laws can be complicated. It takes an expert personal injury attorney with experience navigating the legal system and fighting these types of claims to give victims the best possible chance of success. 

People planning to file a slip and fall claim should hire reliable legal counsel as early as possible. 

3: Gather Evidence to Support the Case

To win a slip and fall case, the victim must show that dangerous conditions existed, that the business, home, or store owner knew about the danger, and that they did not adequately protect the people on their premises. 

Witness statements, photos, CCTV footage, and other documentation can help support those claims in court. They should also be used to show that the injured person took reasonable care to avoid the hazard and was paying attention where relevant.

Victims should also gather evidence of the economic damages they have suffered. This includes medical treatment, lost income, travel expenses, and other out-of-pocket costs connected to the incident.

Non-economic damages cover the pain and suffering caused- and the intangible costs that come with a serious injury. Compensation is paid based on the lasting effect the injury will have on a person's physical abilities, job prospects, mental health, and quality of life.

Medical records and expert witness statements from qualified practitioners can supply proof of the injuries and their lasting impacts. Powell Law Firm also has information on how to file a lawsuit for a dog bite in Missouri.

4: Send Legal Notice of the Lawsuit

When the case is ready, an official notice is sent to the defendant in writing- and the lawsuit is filed with the court.

5: Discovery and Trial

Both sides share information and evidence during the discovery period- and host interviews to gain more strength for the case. Trial comes next, when all the evidence is heard by a judge and jury. They will decide the outcome. 

Speak to a Missouri Personal Injury Lawyer who Cares at Powell Law Firm

Arrange a free consultation with an experienced personal injury attorney who will fight for your case. Contact Powell Law Firm to ensure your slip and fall injury does not go unanswered.