Slip and Fall Accident Lawyer in Independence

Trustworthy, Local Advocacy to Help You Retain Maximum Damages

There are several legal statutes to be aware of if you seek to file a lawsuit for a slip and fall injury on someone’s property, including the deadline you have to file and the amount of damages you can retain. Wrabec Law, P.C. has 37 years of combined experience representing Independence and Kansas City residents in accident cases. The firm can help you prove the property owner’s negligence that led to your slip and fall, and our attorneys will do their best to build an argument for maximum compensation.

When Should You File a Slip and Fall Lawsuit?

The statute of limitations for filing a slip and fall lawsuit, or the deadline you have to bring forward a case, is 5 years from the date of the accident. This deadline also applies to individuals who seek to sue for property damage resulting from the slip and fall. A slip and fall claim filed after the statute of limitations will be unlikely to succeed, as the court will probably dismiss your case.

How the Rules of Comparative Negligence Will Play Out

As with all personal injury cases, Missouri handles liability and damages based on all parties’ levels of fault. It is likely that the defendant will argue the plaintiff bears some fault for the slip and fall, such as claiming that the plaintiff was on a part of the premises visitors aren’t allowed to be, they were dressed inappropriately or unsafely, they were not paying reasonable attention while walking, or there were obvious danger signs marking off the unsafe area.

In any case, whether a person had no fault in the slip and fall or bore a sliver of responsibility, they may still be able to claim some amount of damages. Under Missouri’s comparative negligence rule, an injured individual may recover damages amounting to the total amount of damages available reduced by their percentage of fault. For instance, if the person is deemed 40% at fault for using their phone while walking in an unsafe zone, they may still retain 60% of the total damage award.

Contact Wrabec Law, P.C. for a free consultation to get started. Se habla spañol.