Slip and fall accidents are a leading cause of avoidable injuries and deaths. If your family member died in a slip and fall accident that could have been prevented, you may have a wrongful death case.
Our caring team is here to provide support and help you understand your legal options during this difficult time.
What Is a Wrongful Death Slip and Fall Accident?
A slip and fall accident becomes a wrongful death when the fall results in fatal injuries. Slip and fall accidents can happen anywhere – grocery stores, office buildings, parking lots, sidewalks, etc.
Property owners have a legal duty to keep their premises reasonably safe. This means fixing hazards timely and warning visitors of any dangers.
Some common causes of fatal slip and fall accidents include:
- Wet, slippery floors with no warning signs
- Loose floorboards, torn carpet, uneven surfaces
- Broken or missing handrails on stairs
- Inadequate lighting that hides hazards
- Items cluttering walkways
When a property owner neglects their duties, and someone dies as a result, it may be considered a wrongful death. The victim’s family can hold the negligent party accountable through a slip and fall and wrongful death claim.
Legal Elements of a Slip and Fall Wrongful Death Case
To have a valid slip and fall and wrongful death case, you generally must show:
- The property owner owed the victim a duty of care
- The property owner breached that duty through negligence
- The owner’s negligence caused the slip and fall accident
- The accident fatally injured your loved one
- Your family suffered damages as a result
Proving fault in a slip and fall case often requires showing the property owner knew or should have known about the hazard but failed to address it.
Who Can File a Slip and Fall and Wrongful Death Claim?
In Arizona and South Carolina, a wrongful death claim is typically brought by the personal representative of the deceased person’s estate. This representative is usually named in the will or appointed by the court. The slip and fall and wrongful death claim is filed on behalf of the victim’s surviving family members.
Eligible beneficiaries may include:
- Spouse
- Children
- Parents
- Siblings, if they were dependent on the victim
- Other financially dependent relatives
If the claim succeeds, any awarded damages are divided among the beneficiaries. Even if you are not the one who files the lawsuit, you may still be entitled to compensation for your devastating loss.
What Compensation is Available?
A wrongful death lawsuit aims to provide the victim’s family with compensation for both economic and non-economic losses related to their loved one’s death. Depending on the circumstances, damages may include:
Economic Damages:
- Funeral and burial expenses
- Medical bills for the victim’s final injury
- Lost wages and benefits the deceased would have earned
- Loss of inheritance
- Value of household services the victim provided
Non-Economic Damages:
- Pain and suffering of the deceased before they died
- Loss of the victim’s care, companionship, and guidance
- Surviving family’s mental anguish
- Loss of consortium for the surviving spouse
Punitive Damages
In rare cases involving extreme recklessness or intentional harm by the owner of the property, you may be compensated punitive damages to punish the at fault party and prevent similar conduct.
No amount of money can undo your loss. But a wrongful death recovery can provide crucial financial support and a sense of justice for your family. It also holds negligent property owners accountable and pushes for safer premises for everyone in the community.
What To Do After a Fatal Slip and Fall Death
The aftermath of an unexpected death is chaotic and traumatic. But there are a few key steps to take if you believe your loved one’s slip and fall accident was caused by negligence:
- Report the accident to the property owner or manager right away. Insist they create an official accident report and get a copy.
- Document the scene with photos of the hazard that caused the fall, any poor lighting or obstructed views, and the surrounding area.
- Get full contact information for any eyewitnesses. Their testimony can be vital evidence.
- Keep all medical records and bills related to your loved one’s final injury and death.
- Avoid giving a recorded statement to any insurance company before speaking with a knowledgeable wrongful death resource.
- Reach out to our team to learn your legal rights and options.
It’s important to act quickly, as wrongful death claims have strict filing deadlines called statutes of limitations. In Arizona, the general statute of limitations for wrongful death is two years from the date of death. South Carolina allows three years to bring a wrongful death suit in most cases. If the deadline is missed, the court will likely dismiss the case.
How Our Team Can Help
Dealing with a fatal accident claim is the last thing any grieving family should face alone. At Wrongful Death Lawyer, we understand the incredible strain you are under. Our mission is to provide compassionate support and caring guidance as you navigate the complex legal process.
When you reach out to our Care Team, we will:
- Listen to your story with empathy and without judgment
- Explain your rights and options in plain English
- Gather evidence to build a strong case for your family
- Deal with all communication with the property owner’s insurance company
- Connect you with local community support services
- Be available 24/7 to answer your questions
You can count on us to handle every aspect of your wrongful death case with the utmost professionalism and care, giving your family the space they need to grieve. While we cannot change what happened, we will use all our resources to demand accountability and justice for your loved one.
Contact Our Wrongful Death Care Team
A slip and fall death is a tragedy that no family should have to endure. At Wrongful Death Lawyer, we believe careless property owners should be held responsible for the incredible loss they cause.
Although legal action cannot bring back your loved one, it can provide the financial recovery your family needs and the justice your loved one deserves.
If your family member has died in a slip and fall accident in Arizona or South Carolina, do not hesitate to reach out for help.
Our Care Team is here for you. Contact us today!
