New Mexico’s vibrant cities, bustling with tourists and locals alike, can pose a hidden danger – slip and fall accidents. Uneven sidewalks, spilled drinks, or cluttered walkways can transform a quick errand into a painful ordeal.
The sheer volume of foot traffic alone in urban areas creates a chaotic environment where a minor oversight by a property owner can have major consequences for an unsuspecting pedestrian.
A seemingly innocuous slip can have devastating physical repercussions. Broken bones, head injuries, and spinal cord damage are just some of the potential consequences.
These injuries can lead to months of physical therapy, chronic pain, and even permanent disability. In the worst cases, a slip and fall can be fatal, especially for the elderly or those with pre-existing health conditions.
Beyond the physical pain, slip and fall accidents can inflict significant financial strain. Medical bills, lost wages due to missed work, and the cost of rehabilitation can quickly spiral out of control.
Modified living arrangements or the inability to return to work can further cripple a victim’s financial security.
In the aftermath of a slip and fall accident, you don’t have to face these challenges alone. A New Mexico slip and fall lawyer from Olson Personal Injury Lawyers can be your advocate, working tirelessly to ensure you receive the compensation you deserve.
We will investigate the circumstances of your fall, identify the responsible party, and fight to hold them accountable for your injuries and losses. With our skilled legal professionals by your side, you can focus on healing while they navigate the complexities of your case.
Call us today at (505) 391-4149.
What Does a New Mexico Slip and Fall Attorney Do?
If you’ve been injured in a slip and fall accident in New Mexico, a qualified attorney can be a strong advocate in your corner. These legal professionals specialize in premises liability law, which deals with the responsibility property owners have to maintain safe conditions for visitors.
Here’s how a New Mexico slip and fall attorney can assist you:
- Investigating Your Slip and Fall Case: A New Mexico personal injury lawyer will thoroughly investigate your slip and fall accident to understand exactly what happened. This may involve collecting witness statements, reviewing any police reports filed at the scene and obtaining photos of the hazardous condition that caused your fall. This evidence will be crucial in determining liability and building a strong case.
- Understanding Liability in New Mexico Slip and Falls: New Mexico law requires property owners to uphold a duty of care. This means they must take reasonable steps to maintain a safe environment for visitors. Your lawyer will assess whether the property owner breached this duty by neglecting the hazardous condition that led to your slip and fall.
- Negotiating a Fair Settlement: If the investigation reveals the property owner’s negligence, your lawyer will handle negotiations with their insurance company. Their goal will be to secure a settlement that covers your medical expenses, lost wages due to the accident, and compensation for your pain and suffering.
- Representing You in Court, If Necessary: In the event that negotiations with the insurance company are unsuccessful, your lawyer will be prepared to represent you in court. They will present the evidence they gathered during the investigation and argue your case before a judge or jury.
What Is a Slip and Fall Accident?
A slip and fall accident is exactly what it sounds like – an incident where someone slips, loses their balance, and falls down, usually resulting in some kind of injury. These accidents can happen anywhere, but they most commonly occur on someone else’s property and can potentially lead to legal claims depending on the circumstances.
Here are some typical causes of slip and fall accidents:
- Wet or slippery floors from spills or tracked-in moisture
- Uneven surfaces, like broken pavement or carpeting
- Poor lighting in stairwells or walkways
- Obstacles on walking paths
In the worst cases, slip and fall accidents can result in serious injuries like broken bones, head trauma, or even death. If you are ever hurt in a slip-and-fall accident, it’s important to seek medical attention and document the scene of the fall for possible future legal claims.
Common Injuries in a Slip and Fall Accident
Slip and fall accidents can result in a wide range of injuries, from minor bumps and bruises to life-threatening conditions. The severity of the injury often depends on the person’s age, overall health, and the way they fall.
Here are some of the most common injuries caused by slip and fall accidents:
- Broken bones: This is one of the most serious injuries that can occur in a slip and fall, especially for older adults. Slips and falls can cause broken bones, especially for older adults whose bones may be weaker. The most commonly fractured bones in these accidents include the hips, wrists, arms, and ankles. These breaks can be very painful and require medical attention, sometimes involving surgery and rehabilitation to regain mobility.
- Sprained muscles and ligaments: Sprains and strains are common slip-and-fall injuries caused by twisting or hyperextending a joint. Sprains are a tearing of ligaments, the tough bands of tissue that connect bones at joints. Strains are the tearing of muscles or tendons, the tissues that connect muscle to bone. Though they typically heal fully with proper care, sprains and strains are often painful and limit mobility for weeks or even months.
- Cuts and scrapes: These are the most frequent injuries sustained in slip-and-fall accidents. They are usually minor and can be treated with basic first aid, such as cleaning the wound and applying a bandage. That said, they can leave lasting scars that victims may want removed.
- Head injuries: A fall can cause a blow to the head, leading to a concussion, which is a serious brain injury. Concussions can cause headaches, dizziness, nausea, and confusion. In severe cases, head injuries can result in coma or even death. It’s crucial to seek medical attention immediately after a head injury, even if symptoms seem mild.
- Back and spinal cord injuries: Back and spinal cord injuries are some of the most serious potential consequences of a slip and fall. These injuries can damage nerves and lead to permanent disability, affecting mobility, balance, and other bodily functions. Because of the severity of these injuries, it’s vital to call emergency services immediately if you suspect a back or spinal cord injury after a fall.
Many of these injuries are treatable with immediate medical attention. However, not every accident victim is so lucky, and there are plenty of cases where complications from accidental slips and falls lead to death.
In fact, statistics provided by the Centers for Disease Control (CDC) reveal that in 2022 alone, 44,630 people died from unintentional falls across the United States. That is ninety-six more deaths than motor vehicle traffic fatalities that same year.
Let that sink in for a second: slips and falls are a greater cause of death than car accidents.
If you have been injured in a slip and fall accident, it is important to see a doctor right away. Even if you think your injuries are minor, it is important to get checked out by a doctor to rule out any serious complications.
Responsibility in a Slip and Fall Case
Determining fault in a slip and fall case can be a complex issue. Premises liability law dictates that property owners have a duty to maintain a reasonably safe environment for visitors.
However, there can be shared responsibility depending on the circumstances. Perhaps there was a spilled drink on the floor you didn’t see, or maybe a handrail was missing in an area where caution was necessary.
The specifics of the situation play a crucial role in assigning blame.
New Mexico operates under a “pure comparative negligence” system. This means that the fault for an accident is divided proportionally between all parties involved.
In a slip and fall case, this applies to both the property owner and the injured person. The court will evaluate the evidence and assign a percentage of fault to each party.
Let’s see how this translates to a slip and fall scenario. Imagine you slip on a wet floor in a store (let’s say from a leaking air conditioning unit) that lacked proper warning signs, but you are, in this situation at least, not completely blameless as you had headphones and were looking at your phone, preventing you from hearing an employee yell a warning as you approached the puddle.
The owner of the property was responsible for leaving a warning sign and possibly a barrier around the hazard to prevent people from approaching it. In addition, they knew the ACU was leaking and that the puddle was there but had failed to address either problem.
However, the court deems that you could have avoided it yourself as well were you paying attention where you were walking.
The court might determine the store was 80% at fault for failing to maintain a safe environment, while you share 20% of the blame for not noticing the wet floor. This directly impacts the compensation you receive so that you are only able to recover 80% of your damages sustained in the accident.
So, if you have $20,000 in economic damages, you will only be able to recover $16,000.
What Is the Statute of Limitations for Slip and Fall Accidents in New Mexico?
In New Mexico, the legal window to file a lawsuit for a slip and fall injury is three years from the date of injury. For property damage caused by a slip and fall, the statute of limitations stretches to four years.
This may seem like a generous amount of time, but legal matters often take longer than anticipated. It’s crucial to remember that injuries from slips and falls can take time to fully manifest, and gathering evidence, negotiating with insurance companies, and building a strong case all contribute to the timeline.
Before you know it, valuable time to pursue compensation has slipped away.
Beyond this, the process of filing a slip and fall claim can be further complicated by unforeseen delays. Investigations, witness availability, and gathering medical records can all slow things down.
Additionally, an initial denial from an insurance company necessitates refiling your claim, further consuming precious time under the statute of limitations.
This is one reason why you need a lawyer on your side. A New Mexico slip and fall attorney from Olson Personal Injury Lawyers can be your greatest asset in navigating the legal complexities of your case.
At Olson Personal Injury Lawyers, we understand the intricacies of the statute of limitations and can ensure your claim is filed promptly and effectively. Our experience allows us to anticipate delays and proactively address challenges, maximizing your chances of a successful outcome within the designated timeframe.
Call Olson Personal Injury Lawyers as Your New Mexico Slip and Fall Law Firm
Slip and fall accidents in New Mexico can be life-altering events. Broken bones, head injuries, and lost wages are just a few of the devastating consequences these accidents can bring.
But even in the face of such challenges, there is hope. At Olson Personal Injury Law, we understand the physical, emotional, and financial burdens you face after a slip and fall.
Olson Personal Injury Law has a proven track record of success in securing compensation for victims of slip and fall accidents. Our team of experienced and compassionate attorneys will work tirelessly to investigate your case, gather evidence, and fight for the maximum compensation you deserve.
We understand the intricacies of New Mexico’s premises liability laws and will ensure your rights are protected throughout the legal process. Under the leadership of Attorney Sean Olson, we aim to provide the citizens of New Mexico with justice and compensation in their time of need.
Don’t face the aftermath of a slip and fall alone. Contact Olson Personal Injury Law today for a free consultation.
Let our dedicated team help you get the compensation you deserve to recover and move forward after your accident. We are committed to holding negligent property owners accountable and ensuring you receive the resources you need to heal.
Call us today at (505) 391-4149.