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New Orleans Slip & Fall Accident Lawyer

Trip and fall (known as “slip and fall”) accidents are common throughout New Orleans and Louisiana; unfortunately, many Louisianans suffer due to these injuries.

They can happen anywhere; tripping or slipping may happen while pumping gas, shopping at a mall, or eating lunch. While you may have heard of slip and fall accidents, many people do not understand the scope of injury or harm that can be caused by such accidents. Slip and fall accidents can cause more damage than you would think, and, therefore, it’s important to seek help if you find yourself having slipped, tripped, or fallen.

If you or someone you know has been injured due to an accidental fall in a residential or commercial property in the state of Louisiana, you may be able to get compensation, especially if you’ve been injured due to negligence of the property owner.

Ten Slip & Fall Accident Statistics in Louisiana

Most of the time, slip and fall accidents can be avoided. However, the following statistics show just how serious these injuries can be:

  • According to the National Floor Safety Institute, over one million people are treated at emergency rooms across the United States due to slip and fall injuries each year.
  • In slip and fall cases, a person has a 5% chance at breaking or fracturing bones, and in about 20% of those cases the injuries are even more severe.
  • The Consumer Product Safety Commission has published that flooring and flooring materials directly contribute to over two million slip and fall injuries annually.
  • Although elderly populations are more at risk of falling and injuring themselves, slip and fall accidents are common among all age groups. Around one-third of adults aged 65 and older fall each year. Those who are 55 and older are more likely to be injured at their jobs, while about 60% of nursing home residents suffer from fall-related injuries.
  • Brain trauma is one of the leading injuries when it comes to slip and fall accidents and roughly 95% of hip fractures are due to falls.
  • Slip and fall injuries put people out of work for an average of 11 days.
  • The cost of a slip and fall accident can be tens of thousands of dollars. According to the CDC, the average cost of a hospital visit for slip and fall injuries is over $30,000. During winter, the average cost of falls due to snow or ice can go up to $48,000.
  • Clearly, slip and fall accidents are not cheap! They cost Americans over $30 billion a year.
  • In addition to minor and serious injuries, around six thousand lives are lost annually due to falls.
  • When it comes to accidental falls, people hesitate to take legal action. Less than 2% of cases go to a jury trial. Don’t let this happen to you! If your fall was related to negligence, a dangerous condition, or a hazard, be sure to claim compensation.

Slip and fall accidents can have lasting physical and financial consequences. They can be avoided if individuals and businesses take the time and money to keep their property safe and well-maintained. Serious injury and loss due to negligence can devastate families.

Slip & Fall Causes

Whether you’re in a commercial or residential building, there are hazards to be aware of that can contribute to slip and fall accidents. These include:

  • Floors that are wet or slippery
  • Newly polished floors
  • Carpets that do not lay flat, carpets that bunch, or carpets that have curled up edges
  • Uneven flooring
  • Cracked tiles
  • Stairs that are broken or damaged
  • Obstacles on walkways

Although most people are aware and cautious of hazards when outside of their homes, even minor slip and falls can cause injury or harm.

It’s important to be aware of your surroundings wherever you go, but if you’re involved in an unfortunate fall, be sure to note whether or not the fall could have been avoided. If someone has been negligent, you’re entitled to compensation.

Slip & Fall Accident Due to Landlord Negligence

Slip and fall accidents are one of the most commonly filed types of claims in civil court. When it comes to navigating the legal world of slip and fall accidents, it’s important to have experience on your side.

The slip and fall attorneys at Breaux Law Firm have successfully litigated many premise liability cases due to negligence. When it comes to injuries due to negligence, there are a few things attorneys must establish, such as:

  • Whether or not the property owner was aware or should have been aware of the dangerous condition or hazard and whether they attempted to fix the issue. If the owner was aware of the hazard and failed to remedy it before an incident occurred, then there is negligence.
  • Whether or not the property owner caused the hazardous condition. For instance, if items were left in a walkway or if regular maintenance was not performed, the property owner could be at fault.

However, not every slip and fall case in New Orleans or Louisiana results in only one party being found at fault.

Louisiana’s comparative negligence law, the concept of “comparative negligence” can limit your compensation if you’re found to be partially at fault. The most common argument for the injured party’s “comparative negligence” in a slip and fall case is the argument that the hazardous condition was “open and obvious” from the perspective of the injured person.

If You’ve Been in a Slip & Fall Accident in New Orleans

If someone suffers a fall and slip accident, victims must have to prove the property owner’s liability for strengthening the claim.

If you find yourself in an unfortunate slip and fall accident, take the following steps to ensure your well-being and rightful compensation:

  • First, seek medical attention. Even if you believe a fall is minor, medical attention is extremely important to establish the extent of an injury and what parts of your body have been injured. When it comes to slip and fall accidents, brain trauma, spinal injury, and hip fractures are common and can lead to prolonged harm if not treated immediately.
  • Ensure that you follow your doctor’s advice and treatment recommendations.
  • Report the incident to the property manager or owner.
  • Make sure you inspect the scene of the accident to look for immediate hazards that could have been avoided. For example, if you slipped on a wet floor, was there a sign indicating that the floor was wet?
  • If you can, take photographs or video of the area right after the accident to make sure you have evidence.
  • If there are people around who witnessed the fall, gather their contact information and their account of the incident.
  • If you can, preserve the clothing and shoes you were wearing at the time of the accident.
  • Lastly, get in touch with Breaux Law Firm to consult with our slip and fall lawyers. so we can help you navigate your claim.

Compensation and Settlements

When it comes to claims, the amount makes a difference. Although every incident is unique and there is no standard method to insurance payouts, there are several factors that can affect slip and fall compensation, such as:

  • The extent of injuries sustained during the accident.
  • Medical bills that one has already incurred, as well as future bills.
  • The extent of suffering, both mental and physical, that someone has endured due to injury.
  • The amount of money or wages lost due to injury.
  • The inability to work due to injury.
  • The severity of the injury and whether it will have long-lasting effects.

Some victims are entitled to tens of thousands of dollars, while others have gone on to win millions of dollars in settlement. Many slip and fall accident cases are dealt with outside of court, which makes the process quicker and less expensive.

What TO Do

Hiring a Slip & Fall Accident Lawyer

With over 35 years of experience, we at Breaux Law Firm understand how to navigate the world of claims in New Orleans and Louisiana. You can rest assured that your case will be handled with the utmost respect and priority to ensure you receive the compensation you’re entitled to as quickly as possible.

We have experienced professionals to fight for your legal rights. Our New Orleans Slip and fall lawyer handled numerous injury claims. They can be your light of hope after an unfortunate accident.

Our job is to get you the maximum payout you are due. We’re here to protect your rights.

By hiring a trusted law firm to represent you and your case, you can put your mind at ease; this will allow you to focus on recovering from your injuries. Let us do the paperwork, deal with the insurance companies, and get you the compensation you deserve.

 

Types of Accidents We Handle

Our Accident Results

(Case Studies)

$950,000 for Accident on the Job

A longshoreman was injured while working on the Mississippi River. The gentleman was struck in the head by an improperly welded metal plate resulting in neck injuries and requiring surgery. We were able to recover past and future lost wages for him.

$750,000 for Car Accident

A longshoreman was injured while working on the Mississippi River. The gentleman was struck in the head by an improperly welded metal plate resulting in neck injuries and requiring surgery. We were able to recover past and future lost wages for him.

$2,250,000 Motor Vehicle Accident

A 35-year-old man was rear-ended while driving his vehicle on Interstate 10, suffering a severe lumbar spine injury that required surgery to repair. The injury and resulting disability prevented him from returning to his prior occupation.

Why Us

WHY CHOOSE BREAUX LAW FIRM FOR SLIP & FALL ACCIDENT IN NEW ORLEANS?

If you or someone you know has been injured in a slip and fall accident, the attorneys at Breaux Law Firm are the best option for you, and here’s why

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Being in an accident is scary enough, and dealing with the aftermath can be exhausting. Getting back on your feet should be hassle-free. If you call us and we determine, together, that you have a case, we’ll immediately begin fighting on your behalf to make the responsible parties do what is right. We do not stop fighting for you until you receive all you’re owed. By hiring Breaux Law Firm slip and fall accident lawyer to represent you for your personal injury claim, you can expect a clear legal explanation of your case and an honest assessment of the case’s merits. We can help you get through this difficult time and ensure you’re taken care of emotionally, physically, and financially.

Having been in business for over three decades, we’re highly experienced and well versed in personal injury law, no matter how complicated the case may be.
Our firm has a policy of open communication and responsiveness. We’re always available to discuss your case when you need to, and we can explain any detail you want to know.
Our reputation as a trustworthy personal injury law firm speaks for itself. We fight for you as if we were fighting for one of our own family members.
We’re a family-run business dedicated to our clients, their well-being, and their cases. We believe in holding responsible parties accountable and getting the compensation our clients deserve.

Accolades

Meet Your Legal Team

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DARRYL M. BREAUX

Attorney at Law

Darryl M. Breaux, the founder of the law office of Breaux Law Firm, is a proud lifelong New Orleanian. He has been married for over thirty-two years and has two children, one of whom is an attorney at Breaux Law Firm.

EVAN A. BREAUX

Attorney at Law

Evan Breaux joined Breaux Law Firm in 2017, thus establishing one of New Orleans’ only father-son personal injury law firms. Evan is a defender of justice, an advocate dedicated to helping people who are victims of unfair circumstances.

Scot Koloski

Scot Koloski

Attorney at Law

A lifelong New Orleanian, Scot Koloski brings over 25 years of legal experience to Breaux Law Firm. His career is built on a deep-rooted commitment to the people of this city and a relentless drive to be a steady voice for those navigating the aftermath of a life-altering accident.

Settle Your Slip and Fall Accident Lawsuit

In Louisiana Laws Civil Code 3492, it is mentioned the statute of limitations applicable to personal injury claims is one year from the date of the accident, so don’t wait! If the suit is filed after the deadline, it can be dismissed.

Although filing claims or reliving traumatic experiences can be overwhelming, moving towards the compensation you are due is the right thing for you and your family. You’re not alone in this fight. The qualified slip and fall accident attorneys of Breaux Law Firm are just a phone call away. Let us handle your case and get you what you deserve.

REQUEST A FREE CASE EVALUATION

Frequently Asked Questions

We don’t get paid until you do. The attorneys of Breaux Law Firm have what is called a “contingency fee arrangement” with each and every one of our clients. A contingency fee arrangement means that the attorney’s fee is taken out of the total amount of money recovered for the client, once the client’s case is settled. The attorneys at Breaux Law Firm are happy to meet with you FOR FREE to discuss your case, to answer any questions you may have, and to let you know if we think you have a good case.

The short answer is YES. If you’re the owner or the driver of the motor vehicle you were in at the time of the accident and neither you nor the vehicle you were driving has automobile insurance, then the adverse insurance company will get a credit for the first $15,000 in damages that they would have otherwise owed you, as described below. If you were a passenger in a vehicle where neither it nor its driver has insurance, you will still be able to recover, because you’re not the owner nor the operator of the uninsured vehicle. The attorneys at Breaux Law Firm stay informed on all laws involving insurance and the other legal areas we practice. We take the guesswork out of Louisiana state laws, and guide you through the process of recovering the compensation you deserve.

“There shall be no recovery for the first fifteen thousand dollars of bodily injury and no recovery for the first twenty-five thousand dollars of property damage based on any cause or right of action arising out of a motor vehicle accident, for such injury or damages occasioned by an owner or operator of a motor vehicle involved in such accident who fails to own or maintain compulsory motor vehicle liability security.
La. Stat. Ann. § 32:866

Breaux Law Firm is licensed to practice law throughout the state of Louisiana. However, Breaux Law Firm, in conjunction with other respected attorneys, has also represented clients from many other states, including Texas, Mississippi, Alabama, Florida, North Carolina, Illinois, California, and more.

Our office hours are Monday through Friday, 8:30 a.m. to 5:30 p.m., excluding holidays. Our office is located at 111 Veterans Memorial Blvd., Suite 1820, Metairie, LA 70005. You’ll find plenty of parking available in our visitor parking lot, along with a wheelchair-accessible ramp. Of course, you can always reach us through our 24-hour phone line at (504) 914-7779.

NO, YOU DO NOT. We don’t get paid until you do. The vast majority of the time, the conscientious attorneys at Breaux Law Firm will be able to let you know if your case is likely to succeed at the FREE initial consultation. If the case doesn’t work out, you owe us nothing and we will bear our own costs.

In Louisiana, you have ONE YEAR FROM THE DATE OF THE ACCIDENT to file a lawsuit to recover damages due to an accident; this concept is known as the statute of limitations or prescriptive period. Once your accident occurs, the clock starts ticking. The attorneys at Breaux Law Firm stay informed on all laws involving injury law, as well as the other legal areas we practice. We know that legal language can be confusing and hard to understand, as you can see below, so we work hard to make the process of filing a claim as easy and positive as possible.
“Delictual actions are subject to a liberative prescription of one year. This prescription commences to run from the day injury or damage is sustained.”
La. Civ. Code Ann. art. 3492

YES, the law office of Breaux Law Firm works with all types of medical providers and will assist you in obtaining the medical care that you need for your injuries.

There are several ways to take care of your property damage after an accident. The most common way is to make a claim against the liable insurance company which covered the at-fault party at the time of the accident. After making a claim against the liable insurance company, the liable insurance company is supposed to appraise the damage to your vehicle by sending an appraiser to inspect the vehicle wherever it’s located. Within a reasonable time, the liable insurance company is supposed to make a liability determination. If the insurance company accepts liability, they will put you in a rental car and arrange for your vehicle to be repaired. You’re entitled to a rental car, paid for by the liable insurance company, until your car is fixed and ready for you to pick up. The liability insurance company must adjust the property damage within thirty (30) days of their receiving a satisfactory proof of loss. The attorneys at Breaux Law Firm stay informed on all laws involving insurance and the other legal areas we practice, translating confusing legal jargon, as you see below, into clear guidance for our clients.
“All insurers shall make a written offer to settle any property damage claim, including a third-party claim, within thirty days after receipt of satisfactory proofs of loss of that claim.”
La. Stat. Ann. § 22:1892