When you slip and fall on someone else’s property, you may suffer some bumps and bruises and a little embarrassment. A wet floor or an icy sidewalk can cause you to fall and experience minor cuts and scratches. These injuries may heal quickly, and you may not need medical attention. However, some slip and falls can be serious and cause lifelong, permanent injuries. When this happens, your road to recovery can be long and difficult, and you may never fully recover or live the life you had before the accident.
At Peterson Law Firm, our Kansas City premises liability lawyers understand that no two slip and fall accidents are the same, but when you’re injured, you have the right to obtain fair compensation. When your accident causes permanent injuries, you need a law firm that can fight for your long-term needs. Here, our lawyers discuss serious slip and fall cases that result in permanent injury or disability.
What’s Considered a Permanent Injury
Some slip and falls, especially those involving wet floors, stairs, and slippery surfaces, can cause catastrophic harm. Injuries are generally considered "permanent" when they:
- Cause lasting, irreversible damage, physical limitations, or disabilities
- Require ongoing medical treatment or assistive devices
- Prevent you from working in your chosen profession
- Significantly impact your daily life and relationships
Permanent injuries don’t heal completely with time or treatment. Instead, they result in chronic pain, physical limitations, cognitive changes, or other ongoing impairments. Some of the most common types of permanent injuries from slip and fall accidents include the following:
- Spinal cord injuries. Slip and fall accidents are a common cause of spinal cord injuries. A direct impact or twist during a fall can cause spinal damage, leading to chronic pain, herniated discs, paralysis, or even loss of bowel and bladder control.
- Traumatic brain injuries (TBIs). Falls are a leading cause of TBIs, which can cause permanent changes in cognition, emotion, sensation, and behavior. Severe TBIs may result in lifelong deficits. You may sustain a brain injury if your head hits an object or the hard floor or if your head is whipped back and forth in a violent manner during the fall. When the brain gets bounced around inside the skull, each point of impact with the hard surface of the skull can cause damage to the brain. Additionally, a fall can cause a penetrating brain injury if you hit a hard object that cracks the skull and enters the brain. TBIs, including severe concussions, can lead to lasting memory problems, difficulty concentrating, mood swings, and other cognitive or psychological issues.
- Back injuries. When you slip and fall, the discs between your vertebrae can slip out of place. When this happens, you may experience intense pain, weakness in your legs and arms, and numbness. It’s common for people with herniated discs to need physical therapy and surgery, and this injury may never heal completely, resulting in lifelong pain and physical limitations.
- Nerve damage. Falls can cause permanent damage to the peripheral nervous system, leading to chronic pain, numbness, tingling, or weakness in the affected areas. Severe nerve damage can result in chronic pain syndromes, such as Complex Regional Pain Syndrome (CRPS).
- Joint and soft tissue injuries. Severe damage to joints, such as fractures or torn ligaments in the hips, knees, or ankles, can lead to permanent mobility limitations and chronic pain. Injuries to ligaments, muscles, and joints can also result in arthritis, as well as stiffness that does not fully heal, even with rehabilitation.
- Fractures. Some fractures heal on their own, and after a few weeks in a cast, you’re back to your regular life. However, severe breaks, especially of the hip or other major joints, can lead to chronic pain, reduced mobility, and a higher risk of future fractures.
- Disfigurement and amputation. It’s possible that a catastrophic fall, often from a significant height, can cause disfigurement or the loss of a limb.
- Psychological trauma. A slip and fall, especially if it results in a significant injury, can cause psychological trauma and lead to long-term conditions such as post-traumatic stress disorder (PTSD), anxiety, and depression.
The permanence of an injury depends on a variety of factors, including your age when you fell, your overall health, and the severity of the damage. In general, if your injury continues to cause significant symptoms and limitations a year or more after the accident, it's likely to be considered permanent from a legal perspective.
How Permanent Injuries May Affect a Slip and Fall Claim
When you've suffered disabling harm because of a property owner's negligence, the stakes are much higher. Your losses aren't limited to emergency room bills and a few weeks off work. Instead, you may be facing a lifetime of medical needs, lost earning potential, and diminished quality of life.
This is why you should work with our premises liability attorneys after your slip and fall. Our lawyers will help you understand the full scope of your damages, which could include the following:
- Past and future medical expenses, including surgeries, rehabilitative therapy, medications, and medical equipment
- Past and future lost income, factoring in any permanent inability to work
- Pain and suffering
- Emotional distress
- Loss of enjoyment of life
- Loss of consortium (damage to spousal relationships)
To calculate these long-term damages, we may call on the expert analysis of medical specialists, life care planners, and economists. We will coordinate these assessments to build a compelling case for maximum compensation.
How a Pre-Existing Condition Might Affect Your Slip and Fall Claim
Insurance companies use every tactic they can to pay you as little as possible. Often, they try to avoid liability by claiming a victim had a pre-existing condition that factored into the slip and fall or the ensuing injuries. However, even if you had medical issues before your slip and fall, you may still be entitled to compensation if the accident aggravated your condition.
Under the "eggshell skull rule," the at-fault party is responsible for the harm caused by their actions, even if the victim had a pre-existing condition that made them more susceptible to injury. For example, if you suffered from minor headaches before your fall, but the incident led to a concussion and/or TBI, and you now experience more severe headaches, you could still recover for those damages.
Our attorneys will gather your past medical records and work with experts to demonstrate how the fall substantially impacted and aggravated your health. Our skilled legal guidance in this area can make a significant difference in your case.
Permanent Injuries: Your Slip and Fall Case May Take Longer
When you suffer a disabling injury, it’s important that you don’t rush the settlement process. Our attorneys will take time to do the following:
- Wait for a firm long-term prognosis to understand your future needs
- Gather substantial documentation of your accident, injuries, and resulting limitations
- Consult with experts to calculate the full extent of your economic and non-economic damages
- Negotiate aggressively to obtain a settlement that accounts for the permanent impact on your life now and in the future
For serious and/or permanent injuries, this process can take a year or more. At Peterson Law Firm, we understand that it’s difficult to wait; however, we know that moving too quickly could leave you with far less than your claim is worth. Our experienced slip and fall lawyers will help you navigate the process and make informed decisions each step of the way.
Speak With Peterson Law Firm if You Suffered a Permanent Injury
At Peterson Law Firm, we've helped many people dealing with catastrophic injuries due to dangerous property conditions, such as wet floors, broken handrails, and hazardous obstacles. We know the physical, emotional, and financial toll these accidents take, and we're committed to maximizing your compensation. If you've suffered permanent harm in a slip and fall, contact us today to discuss your situation with an experienced Kansas City premises liability lawyer. Read our case results to learn how we’ve helped other clients who’ve suffered permanent injuries after a fall.