La Crosse Slip and Fall Attorneys
Between La Crosse’s winter weather and summer activities, avoidable accidents keep happening here.
If you suffered a fall in La Crosse that a property owner could have prevented, our La Crosse slip and fall attorneys can help you pursue compensation. From championing you in the fight with insurance companies to helping you receive proper treatment, we are on your side every step of the way.
Get support from our award-winning injury team
At Ncolet Law Accident & Injury Lawyers, we want to hear your story. One of our top priorities is listening to your worries, frustrations, fears, and goals. We formulate our pursuit of damages around what you experienced after your accident.
Pursuing damages is only one aspect of what we can do for your slip and fall. In premises liability cases, you may experience denial of your injuries or claims that you contributed to the fall, making you feel confused about your rights. We step in to clarify what you can do and advocate for you against insurance adjusters.
Some of the tasks we can execute on your behalf could include:
- Advising you on how to speak with insurance companies
- Handling communication and negotiations for you
- Reviewing legal paperwork and settlement offers
- Reconstructing the fall to understand what went wrong
- Consulting experts about your injuries or your type of fall
- Identifying and pursuing all possible liable parties
- Filing a personal injury lawsuit if we cannot reach an agreement
We can even help with the day-to-day challenges of injury and disability, such as connecting you to necessary resources. We have handled thousands of injury cases and have experience with many of the ordeals faced by fall victims like you. When you talk to us about the struggles you face, we will work to find a solution.
Possible damages
The ultimate goal of a slip and fall case is to receive compensation to help pay for your accident-related expenses.
Fall injuries vary, but you could receive damages to help cover:
- ER bills
- Diagnostic testing
- Surgery
- Prescription medication
- Medical equipment
- Physical therapy
- Long-term care
- Lost wages
- Reduced earning capacity
Falls can carry particularly high price tags, especially if you sustain a traumatic brain injury (TBI). The Agency for Healthcare Research and Quality (AHRQ) reports that hospital-based care for TBIs is more expensive, with inpatient stays costing 74 percent more than for other injuries.
Although falls are the leading cause of TBIs, according to the Centers for Disease Control and Prevention (CDC), they can also lead to broken legs and hips, as well as whiplash injuries. The latter can cause lingering pain for weeks, months, or longer, while broken hips present risks to the health of older adults.
Chronic pain, increased health risks, and the stress of an injury aren’t part of your medical bills and lost wages. However, they could still be grounds for non-economic damages, which covers the personal consequences of a fall.
That includes:
- Pain and suffering
- Emotional distress
- Loss of consortium
Our La Crosse slip and fall lawyers can study the big picture of your La Crosse accident. Insurance adjusters and negligent parties may acknowledge the bills you face, but we will fight for them to also acknowledge the other consequences of negligence that you suffered.
Cost to you
When you’re already worried about getting back money you paid for medical treatment and what you lost from missing work, you shouldn’t have to be concerned about paying your lawyer. When you hire Nicolet Law Accident & Injury Lawyers, you don’t pay us a penny until we obtain your compensation. We only get our payment when you get yours.
In addition to that promise, we don’t charge for initial consultations—getting information should not cost extra money.
Real results for real people
We are proud of the work we have done for past slip and fall clients. In one notable case, we took on a client who was turned away by other firms. After initially being offered only $5,000 from the insurance company, we discovered a design defect at the building where she was injured, causing her fall. The ultimate recovery for her case was $200,000.
We also work to understand each client’s unique situation. One of our slip and fall clients was on Supplemental Security Income (SSI) and could not receive a large settlement at once or else she would be disqualified for benefits. With the help of another local attorney, we created a special needs trust to protect her benefits.
To hear more stories from past clients, check out our case results page. You can learn more about how we can tailor our approach to your investigation and settlement.
Learn which La Crosse slip and fall cases qualify
Slip and fall cases are a type of premises liability, meaning that property owners can be liable if they do not do enough to prevent or mitigate risks on their premises.
Examples of fall risks for which victims can hold property owners accountable include:
- Patches of ice
- Puddles or leaks
- Uneven flooring
- Loose carpeting
- Lack of lighting
- Stairway defects
- Unsecured cords
Common locations of slip and fall cases include:
- Grocery stores
- Apartment complexes
- Private homes
- Hotels
- Retail stores
- Gas stations
- Restaurants
- Public property
- Recreational facilities
- Sidewalks
- Parking garages
- Schools
For example, if you are in a dimly lit parking garage and trip over a curb, your injuries could qualify you for compensation. Likewise, you could have grounds if you fell because of loose tiles in a restaurant bathroom or loose extension cords in a classroom.
At the basis of any slip and fall case is that the property owner was either aware of or should have been aware of a hazard but failed to take action to prevent injury.
Local hazards
Some fall risks are regionally specific. La Crosse has unique attractions but, as a result, also contains unique hazards if property owners don’t exercise care.
For that reason, you could have a case if you experienced a fall at any of the following locations:
- Boats or marinas
- Resorts
- Outdoor markets
- Breweries
- Wineries
- Distilleries
La Crosse’s proximity to the Mississippi River means water-based activities are a common summer pastime. You may not realize you can hold a boat or ferry owner or operator accountable for injuries. Spills, leaks, or unsecured equipment can all pose a fall risk and are grounds for a claim.
Likewise, any sites specializing in craft beverages can also be held liable for slips or trips on the property. Failing to clean up spilled drinks promptly or prevent leaks from equipment is negligent behavior. Our slip and fall attorneys can help demonstrate that.
Winter weather
Wisconsin is known for harsh winters, and while no property owner can control the weather, they can control their response to it. One of our previous clients slipped and fell on ice at a gas station. Our investigators discovered a leaky drainpipe caused the ice, so we held the gas station liable.
You may have grounds for a claim if you were injured in a fall due to ice and snow, whether that fall happened at a gas station, in a parking lot, or at a ski resort.
The latter can pose unique challenges since falls are a part of learning certain winter sports. However, resorts and other recreational facilities must post adequate signage about dangerous areas and take action to prevent falls in certain areas, like walkways and entrances.
Understand how to pursue a case against a liable party
To obtain your damages, our team will work on demonstrating that the property owner was somehow negligent.
That involves compiling evidence to support four main points:
- The property owner owed you a duty of care to prevent you from being injured on their property.
- They violated that duty of care by neglecting to act on a risk that they knew or should have known about.
- Because of that negligence, you slipped or tripped and fell, sustaining injuries.
- The fact that you were injured entitles you to monetary compensation from the property owner.
One of the main challenges in premises liability cases is proving that the property owner either knew or should have known about a risk. For instance, if a customer right in front of you spilled their drink and you immediately slipped on it, the property owner had no time to prevent your injury.
However, if a customer spilled their drink and enough time passed between that and when you slipped and fell, the property owner could be held liable. An employee should have noticed the hazard and taken measures to prevent harm.
To help bolster that aspect of our case, as well as connect the property owner’s negligence with your injuries, we utilize evidence like:
- Witness statements
- Photos from the scene
- Security camera footage
- Past code violations
- Medical records
- Expert testimony
- Any similar incidents
For example, if a business has received citations for issues in the past, and other visitors have reported incidents caused by a specific hazard, we can use that information to highlight a pattern of negligence. Witnesses can back up your version of events and your medical records can highlight your injuries.
Contributory negligence
A common tactic for insurance companies and negligent parties to avoid paying damages is to place blame on the victim. Wisconsin has contributory negligence laws, which means several parties can be at fault for an accident (WI Stat § 895.045). In other words, each party is assigned fault depending on how much they contributed to the accident.
In La Crosse slip and fall cases, you may face claims that you were partly at fault because you:
- Wore the wrong shoes or equipment
- Were distracted (texting, talking, etc.)
- Should not have been in that area
- Were aware of the risks
While some of these may have been the case, contributory negligence laws still allow you to pursue damages as long as you were less at fault than the other party. If you are considered partly responsible for the fall, your percentage of fault will reduce your damages. However, some of these arguments may not hold up once we have gathered evidence.
Statute of limitations
Many injury cases settle out of court, but some do proceed to trial with a personal injury lawsuit. You don’t have to decide immediately to go to court. In fact, Wisconsin generally allows three years to file a lawsuit (WI Stat § 893.54).
Don’t wait to consult legal help after a fall. Those three years can pass quickly while working on your case. The time frame can also be shorter in some circumstances.
Getting started on your case as soon as possible:
- Preserves crucial evidence
- Allows you time to heal
- Helps us understand your losses
- Avoids missing the filing window
Additionally, if you were injured on public property due to negligence by a city or state, you could have a different statute of limitations to file. For example, if your case requires holding governmental bodies liable, you must send a notice within 120 days of the accident, detailing the grounds of your claim (WI Stat § 893.80).
Call Nicolet Law Accident & Injury Lawyers for your free case review now
The team of slip and fall lawyers at our La Crosse office wants to help you receive the damages you deserve. More than that, we want you treated with the respect you deserve.
Call us 24/7 at (651) 358-2741 or write to us and receive a free consultation without any obligation. Get the support you need today!
La Crosse Office
205 5th Avenue S, Suite 209,
La Crosse, WI 54601
Phone: 608-527-0876