Las Cruces Slip and Fall Lawyers
Puddles, misaligned tiles, and debris can all cause slip and fall accidents, leading to significant injuries. In fact, slip and falls account for over 8 million emergency room visits per year nationwide. You may want to dismiss your slip and fall as a simple accident or a result of your clumsiness, and you may feel embarrassed to report the incident. If the fall causes an injury, especially a severe one, you may believe you are on the hook for your medical bills, lost work, and long-term rehabilitation costs. However, negligent property owners can be held accountable. The Las Cruces slip and fall lawyers at Flores Mendez Law will help you find the liable party.
What Causes Slip and Fall Accidents in Las Cruces?
Even though New Mexico law mandates that property owners maintain a safe premises and address any hazards, many fail to do so. Spills, cracked tiles, poor lighting, and more can all lead to accidents that put you at serious risk. To claim compensation to cover your accident-related costs, you need to prove that the property owner knew or should have known about the dangerous condition and that they failed to fix it or warn you about it in a reasonable manner.
What Should You Do Immediately After a Slip and Fall Accident in Las Cruces?
After your slip and fall accident, as soon as it is safe to do so, call 911 to request medical attention. Even if you feel fine, some internal injuries like concussions or traumatic brain injuries only show symptoms down the road, and you need a medical professional to catch them as soon as possible.
Once you have received medical aid, document the accident scene as much as possible. Take photos of the accident scene on your phone, taking special note of any hazardous conditions, like debris or water. Gather contact information from any eyewitnesses, report the incident to the property manager, and request a copy of the incident report.
Why Is It Important to Act Quickly in Slip and Fall Cases?
The New Mexico statute of limitations for personal injury lawsuits, which includes slip and fall cases, gives you three years to file your civil lawsuit in court. This statute ensures that the memories of all witnesses and any on-scene evidence stay fresh. If you wait over three years to file your claim, you could lose your right to seek compensation.
What Compensation Can You Seek After a Slip and Fall Accident in Las Cruces?
Victims of slip and fall accidents in Las Cruces may be entitled to various types of compensation, depending on the severity of their injuries and the circumstances of the case. Common forms of compensation include medical expenses, lost wages, pain and suffering, and rehabilitation costs. In some cases, compensation for future medical care or loss of earning capacity may also be available if the injuries lead to long-term disability. An attorney can help evaluate the full extent of your damages and negotiate with insurance companies or take the case to court if necessary.
Can I Still Recover Compensation if I Was Partially at Fault for My Slip and Fall in Las Cruces?
Under New Mexico’s comparative negligence law, you can still recover compensation even if you were partially at fault for the slip and fall accident. However, your total compensation will be reduced by your percentage of fault. For instance, if you were found to be 20% at fault for not noticing a visible hazard, and your damages totaled $10,000, your compensation would be reduced by 20%, leaving you with $8,000. It is important to have an attorney who can argue against unfair claims of fault.
Does My Status as a Guest Affect My Slip and Fall Claim in Las Cruces?
Your legal status as a visitor plays a significant role in a slip and fall claim in Las Cruces. Visitors are generally categorized into three types: invitees, licensees, and trespassers. An invitee, such as a customer in a store, is owed the highest duty of care, meaning the property owner must take reasonable steps to ensure their safety. A licensee, like a social guest, is owed a moderate level of care, and the property owner must warn of known hazards. Trespassers are owed the least duty of care, but a property owner cannot intentionally harm them. Understanding your visitor status helps establish the property owner’s responsibility to maintain a safe environment. An attorney can help assess how this impacts your claim.
What Are Common Defenses in Slip and Fall Cases?
The property owner will likely raise one of several common defenses. The first, known as the “open and obvious” doctrine, suggests that the hazard in question was so apparent that a reasonable person would have avoided it. The owners might also try to pin you for trespassing at the time of the accident or suggest that you assumed the risk if you entered a clearly marked hazardous area. In other cases, the property owner might claim they had no reasonable opportunity to address the hazard before your accident. For example, if you slipped on a recent liquid spill, they could argue that they could not fix it and were not negligent. All of these reasons are why it is critical to have legal representation after a slip and fall accident.
The Experienced Las Cruces Slip and Fall Lawyers at Flores Mendez Law Will Help You With Your Case
If you suffer an injury in a slip and fall accident, you are not alone. New Mexico courts take slip and falls seriously. Let the Las Cruces slip and fall lawyers at Flores Mendez Law support you every step of the way. Call 915-308-9999 or complete our online form to schedule a free consultation. Located in El Paso, Texas and Las Cruces, New Mexico, we serve clients in the surrounding areas.