Raleigh Slip and Fall Accident Lawyers

If you were injured in a slip and fall accident at the property owned by a person or business, you have the right under North Carolina law to receive compensation for your injuries from the property owner and operator. Our experienced Raleigh slip and fall lawyers can help.

Our compassionate team helps clients with medical care, medical bills, property damage, and dealing with the stress of their physical recovery. We provide support, care, and concern in the aftermath of tragedies.

As former insurance defense attorneys, we know how to fight for every penny you deserve.

Our Raleigh Slip and Fall Settlements and Verdicts:

What Is a Slip and Fall Accident in Raleigh, NC?

“Slip and fall” refers to accidents that that involve slipping, tripping, or falling due to a hazard on someone’s private property, commercial property, or as the customer of a store or business. That includes injuries on properties like personal residences, restaurants, hotels, gyms, pools, or stores. The hazard could be a wet floor, an uneven step, or a missing tile. These cases are called “slip and fall” claims, and the law in North Carolina related to “slip and fall claims” can be challenging to win.

In order to prove a slip and fall case, you must be able to show that:

• The property owner or manager failed to use reasonable care to discover and fix any dangerous conditions on the property and

• This failure caused an injury.

For example, if the owner of a grocery store knew that the floor was wet but did not put up warning signs or take other measures to prevent accidents, they may be liable for any injuries that occur as a result.

Common Injuries Caused By Slip and Fall Accidents in Raleigh, NC

Slip and fall accidents can cause both minor and serious injuries bodily injuries.  Some of the most common types of injuries our slip and fall attorneys in Raleigh help clients with are:

• Back and spine injuries

• Neck injuries

• Brain injuries, including concussions and traumatic brain injuries (TBI)

• Sprained and bruised knees, ankles, wrists, hips, and shoulders

• Broken bones

• Fire, electrocution, and burns

• Eye injuries

• Hearing loss

• Amputations

• Drownings

• Chest and abdominal injuries

• Anxiety and psychological injuries

Damages Our Raleigh Slip and Fall Lawyers Could Help You Recover

The personal injuries you suffered in your slip and fall accident may entitle you to monetary payments and compensation.  Some of the most common types of damages (explained in more detail here) recovered in the cases handled by our Raleigh slip and fall injury lawyers are:

• Medical bills paid/reimbursed

• Future medical expenses

• Lost wages and income for time you missed at work

• Pain and suffering/mental anguish

• Loss of consortium if your accident affected your relationship with your spouse

• Permanent disability, scarring, or disfigurement

• Punitive damages to punish the other party for particularly bad, reckless, or outrageous conduct that caused your injuries

A Guide to North Carolina Slip and Fall Claims

Slip and fall accidents refer to accidental trip and falls that result from conditions on a property, including wet floors, unmarked tripping hazards, and improper flooring materials. Other than car accidents, slip and fall accidents are the most common personal injury case that our firm handles. Slip and fall accidents can occur anywhere: parking garages, grocery stores, church steps, entrance ramps, and office buildings, among others.

Unfortunately, there is little reliable or correct information about slip and fall cases that is available to the public, which causes confusion about the slip and fall process and hurts injury victims’ chances for recovery. Here’s what our team of Raleigh slip and fall lawyers believe you should know:

1. Who Is Covered by North Carolina Slip and Fall Laws and Protections?

Under North Carolina law, property owners (or tenants) have a duty to maintain their property in a reasonably safe condition for individuals who come on the property. But there are different duties and responsibilities to keep guests (known as invitees or licensees) safe vs. a trespasser.

INVITEE (A TYPE OF GUEST)

An invitee is a person who is invited onto the property for the benefit of the owner or occupier, such as a customer at a store. A property owner must use reasonable care to discovery and fix any dangerous conditions on the property that could hurt an invitee. For example, if a store owner knows about a wet floor and does not put up a warning sign or clean up the spill, they may be liable for injuries sustained by a customer who slips and falls on the wet floor.

LICENSEE (A TYPE OF GUEST)

A licensee is a person who is allowed to be on the property for their own benefit, such as a social guest. A property owner must use reasonable care to discovery and fix any dangerous conditions on the property that could hurt an invitee.

TRESPASSER (ADULTS)

A trespasser is a person who enters the property without permission. A property owner does not have a duty to protect trespasser from harm.

TRESPASSER (CHILDREN)

In North Carolina, property owners or occupiers owe a duty of reasonable care to children who may be attracted to the property due to an attractive nuisance, such as a swimming pool or playground equipment. In these cases, the property owner or occupier must take reasonable steps to protect children from the hazard or to warn them of the danger.

2. What Should I Do If I Slip and Fall on the Property of a Person or Business in Raleigh, NC?

The initial moments and days after your slip and fall accident are critical, not only for your well-being but for your chances for compensation as well. These are the most important steps to take after your injury accident:

• Take photos of your injuries

• Take photos of the area on the property where you were injured

• Visit a doctor if you haven’t already

• Follow the doctor’s recommendations and attend all follow-up appointments

• Write down a narrative of what happened while it’s still fresh in your head

• Make a list of witnesses and their contact information if you know it

• Follow any additional instructions from your attorney

3. How Do I File a Slip and Fall Claim in Raleigh, NC?

A slip and fall case begins when you file legal documents called a “summons” and “complaint” in the appropriate North Carolina court, usually in the county where you live or where the accident occurred. The specific details are outlined in Rule 4 of the North Carolina Rules of Civil Procedure. Filing a case is as simple as taking the summons and complaint to the court clerk of the court where you’re filing the case.

The clerk accepts the filing and returns your copies so that you can serve the defendant with their copy of the filing documents. “Serving” a defendant means providing them with a copy of your file-stamped summons and complaint in a very specific, formal way, which is explained in Rule 5 of the North Carolina Rules of Civil Procedure. Your complaint must include all of the grounds to bring your case and all of your demands for compensation.

4.  Will My Slip and Fall Claim Go to Trial in Raleigh, NC?

95% of slip and fall cases, according to government statistics, resolve before needing to go to trial. The vast majority of injury cases will settle before the trial date arrives (sometimes even before a lawsuit is filed), and others will settle in the middle of trial. The most common reasons cases go to trial are:

• The defendant’s insurance adjuster and company believes they will win the case, so they offer a very low settlement or none.

• The insurance company doesn’t want to set a precedent for settling your type of slip and fall lawsuit.

• The insurance company believes you are to blame or responsible for your injuries

• The monetary amount demanded by your attorney is too high for the insurance company to settle without fighting the claim.

• Liability (meaning who is at-fault) or the injured person’s damages are too contested or questionable to find a middle ground.

The more time spent in preparation and building the case, the more likely your case will reach an appropriate settlement. But there are a lot of variables, and if your case is in the small percentage that go to trial, a Raleigh slip and fall attorney can help prepare you for what to expect.

5. How Much Will My Slip and Fall Claim Settle for in Raleigh, NC?

There’s no way to precisely value your claim, but an experienced slip and fall attorney may be able to give you an approximate value based on their experiences and prior results in other cases. The value of your claim includes your economic damages like costs for medical treatment, lost wages, future medical care, paying for help you need around the home, and physical therapy.

To approximate a total case value, you can add up your total economic damages and then multiply that figure by 1.5 or 2 (for moderate injuries) to account for pain and suffering, which will give you a rough range of what a jury might award might be or how an insurance company could value your claim. For serious injuries with significant permanent injury, you might multiply your total economic damages by 4 or 5 for those severe cases. For incidents that “shock the conscience,” like car accidents involving drunk drivers, we have seen victims awarded damages 10x or more of their economic damages. In a recent drunk driving case, our team of car accident attorneys in Raleigh negotiated a settlement for our clients that was 13x their medical bills.

6.  What If I’m Partially At-Fault for Slipping and Falling On a Company’s Property in Raleigh, NC?

Whether it’s true or not, you are likely going to be blamed for causing your accident or injuries, even if just partially. You might even believe that you are responsible for the accident. However, there is a big difference between what regular people think about fault and what the law says. For instance, you might think a man stepping into a clearly visible 23 ft x 3 ft open service pit at an auto repair shop that he’s frequented for years is to blame for his own injuries. But the $1,800,000 settlement our team of Raleigh slip and fall lawyers secured in that case in 2020 suggests otherwise.

North Carolina does follow the doctrine of contributory negligence, which could prevent you from recovering damages from your accident if a jury believes you are partially to blame. However, an experienced Raleigh slip and fall lawyer understands that defense and how to work around it.

7. How Long Does a Slip and Fall Claim Take to Reach a Settlement in Raleigh, NC?

A small of number of cases resolve very quickly before a lawsuit is even filed. It may take 3-4 months to obtain your medical bills and records and 1-2 weeks to negotiate with the claims adjuster. However, these cases are in the minority and are usually limited to very specific circumstances (like when liability is clear and the damages are so severe that they clearly are worth more than the limits of available insurance). Slip and fall cases in particular require extensive investigation, code research, and engineering analysis (for issues like lighting, stair heigh, friction coefficient, etc) to determine that cause of your accident.

In most other cases, litigation can last for a year or more. The more complicated or contested your case, the longer you can expect it to take. You do have some control over the length of your case because it’s up to you to accept or reject settlement offers.

8. How Long Do I Have to File a Slip and Fall Claim in Raleigh, NC?

There is limited amount of time you have to file a claim, also known as the statute of limitation. In North Carolina, for most slip and fall cases, you have 3 years from the accident or injury to bring a claim. For slip and fall accidents on property that resulted in death, you have 2 years from the date of the death. There is no wiggle room or do-overs when it comes to deadlines to file an injury on property claim, so it is in your best interest to get a Raleigh slip and fall attorney involved as early as possible after your accident.

9. What Is the Process for a North Carolina Slip and Fall Claim?

Once you file the case, you serve the other side with a copy of the paperwork. Then you wait for them to file an Answer, which is just a legal document that admits or denies the allegations in your Complaint. At the time same, you have time to build your case by contacting witnesses, gathering medical evidence, and collecting evidence from the other party. This is known as “discovery.” At that time, you may be asked to give a “deposition,” which is sworn testimony under oath. An experienced slip and fall lawyer in Raleigh can help, guide, and prepare you through this process.

In North Carolina, it is mandatory for the parties to also participate in “mediation” before the case goes to trial. Mediation is simply a meeting (either via Zoom or in a conference room) that all of the parties are required to attend, along with a professional mediator, to see if the case can be settled and resolved. A representative of the insurance carrier who decides how much money the carrier will offer will also be present. A majority of cases resolve through mediation.

10. How Much Does a Slip and Fall Lawyer in Raleigh, NC Charge?

Many Raleigh slip and fall attorneys will agree to work on your case with no money up front or out-of-pocket. If you succeed in your case, they will take a percentage of the compensation you receive either in your settlement or judgment from a jury verdict. This is also known as a contingency fee. In most of our cases, we charge a contingency fee equal to 1/3 of the amounts we recover on your behalf. That means we have a financial incentive to help you recover every amount you’re owed, not one penny less.

11. What Does a Raleigh Slip and Fall Lawyer Do to Help?

Hiring an experienced slip and fall lawyer can provide you with numerous benefits. Injury attorneys know how to conduct initial investigations and save important evidence (before it could be destroyed) that might be needed for your case. They are able to work with experts, law enforcement, and first responders to prove what happened in your accident. They can assist with getting you the appropriate medical care and treatment.

Good North Carolina slip and fall attorneys can also negotiate with the at-fault parties, their lawyers, and insurance adjusters to get you fair compensation for your injuries. But perhaps most importantly, a slip and fall lawyer can take the weight and burden of the legal aspects of your case off your shoulders so you to focus on your recovery.

12. What Happens After I File a Slip and Fall Claim in Raleigh, NC?

In a North Carolina slip and fall lawsuit, the injured party (victim) files a formal demand for compensation called a Complaint. Once you file the case, you serve the other side with a copy of the paperwork. Then you wait for them to file an Answer, which is just a legal document that admits or denies the allegations in your Complaint. At the time same, you have time to build your case by contacting witnesses, gathering medical evidence, and collecting evidence from the other party. This is known as “discovery.” At that time, you may be asked to give a “deposition,” which is sworn testimony under oath. An experienced North Carolina slip and fall lawyer, like our team in Raleigh, NC, can help, guide, and prepare you through this process.

13. What Is the Statute of Limitations in North Carolina for Slip and Fall Injury Claims?

There is limited amount of time you have to file a claim, also known as a statute of limitation. In North Carolina, for most slip and fall cases, you have 3 years from the accident or injury to bring a claim. For slip and fall accidents that resulted in death, you have 2 years from the date of the death.

14. What is the Average Settlement for a Slip and Fall Claim in Raleigh, NC?

Determining the average settlement for a North Carolina slip and fall case is difficult because there are so many different types and severity of injuries. In North Carolina, a number of facts go into the value of a case. Those include:

• The defendant’s ability to pay

• The severity of your injuries and damages you sustained

• Who is at-fault and how bad their conduct was

• Whether you were arguably at-fault for your injuries

However, cases may settle for more than the average when a good North Carolina slip and fall lawyer is on your side.

15. Does Pain and Suffering Include Medical Bills (and What’s the Difference)?

No, pain and suffering is different from economic damages like medical bills and lost wages. Pain and suffering relates to the hassle, anxiety, stress, actual pain, and trauma you suffered as a result of the injury. But you have a right to claim full compensation for your injuries, which means medical bills, other economic damages, permanent disability, AND pain and suffering. Pain and suffering is on top of and in addition to your economic damages, like medical bills.

16. What Is Fair Compensation for Pain and Suffering for a Slip and Fall Claim in Raleigh, NC?

There is no magic formula for determining what amount of pain and suffering is fair in your injury on property case. In general, pain and suffering is proportional to the injuries you suffered. If your injuries are severe and/or caused permanent disability, the more pain and suffering compensation would be fair to award in your case. In a case with severe injuries and lifelong suffering, you might be awarded pain and suffering that is 5x or more of your economic damages (medical bills, lost wages, etc). In minor injury cases, your pain and suffering may be slightly less or equal to the amount of your medical bills.

However, sometimes there is a disconnect between what is just and fair in your case vs. what an insurance company or at-fault party will actually pay. A good slip and fall lawyer has experience and even tools that can investigate recent judgments and settlements in your area to give you the best leverage in settlement negotiations so you can recover what is fair.

17. Why Are Slip and Fall Accidents So Common in Raleigh, NC?

• Frequently property owners don’t treat guest safety as a priority and fail to keep their properties maintained

• Property owners frequently leave cleaning products, water spills, pallets of merchandise, rugs, and other tripping hazards in guest walkways

• Raised curbs, parking bumpers, and other inherent tripping hazards are frequently unmarked or painted in a contrasting color

• Property owners often fail to post hazard signs to warn the public of hidden or unknown dangers

18. How Can I Be At-Fault for My Slip and Fall Accident in Raleigh, NC?

There are several defenses that property owners or property tenants may raise in a slip and fall case in North Carolina. Having these defenses available to them can make a property injury claim difficult to win, which is why we recommend hiring an experienced slip and fall lawyer to help.

CONTRIBUTORY NEGLIGENCE

One defense is contributory negligence, which means that the injured person's own actions contributed to the injury. If the injured person was partially at fault for the injury, they may be barred from recovering damages or their damages may be reduced by the percentage of fault attributed to them.

Open and Obvious

Another defense is that the danger was open and obvious, which means that the injured person knew or should have seen the dangerous condition on the property before being injured. For example, if someone is injured slipping on a large puddle on the floor, they may be barred from recovering damages if they knew or should have seen the puddle on the ground if they exercised reasonable care. Wet floor cases are particularly challenging because of this defense.

ACT OF GOD

Finally, property owners or occupiers may argue that the injury was caused by an act of God or a third party, which means that the injury was caused by a natural disaster or the actions of someone other than the property owner or occupier. In these cases, the property owner or occupier may not be liable for the injury

19. Can I File a Slip and Fall Claim Without a Lawyer in Raleigh, NC?

Yes, you can file a slip and fall lawsuit without a lawyer. However, if you bring your case on your own, you’re subject to the same rules and standards as you would be if you had an injury attorney. You are required to follow the same formalities and rules when filing court documents. The rules of discovery, admission of evidence, and civil procedure will still apply to you in your case. If you make a mistake, there is a chance that you case will be dismissed or thrown out. While you can file a civil lawsuit without an attorney, your best chance to recover the maximum amount possible is working with an experienced slip and fall lawyer.

20. How Do I Find the Best Raleigh Slip and Fall Lawyer for My Case?

Like every profession, injury lawyers vary in experience, skills, style, dedication, and levels of customer service so “best” can mean different things to different people. It’s a good idea to see if the injury lawyers you are considering have positive client testimonials, good (and recent) case results, and are passionate about helping others. It depends on whether you want to hire a law firm that works with thousands of clients every year or a smaller firm that only focuses on a limited number of cases. The relationship between lawyer and client requires a significant amount of trust and communication over an extended period of time, so the most important factor is choosing a lawyer that “feels right” to you.

Raleigh Slip and Fall Statistics

Slip and fall accidents (referred to as accidental falls by statisticians) are the leading cause of hospitalizations in North Carolina. This is especially true for the older residents (65+) in our state. Residents ages 65 and older account for 88% of fall deaths and 73% of nonfatal hospitalizations due to accidental slips and falls. Rates of slip and fall injuries in North Carolina are greater than national averages. Although everyone is at risk when a property is not maintained and repaired to fix dangers, older adults, adults who live with chronic health conditions, and adults with disabilities are the greatest at risk of being injured in a slip and fall accident. Most of these slip and fall victims are women.

Raleigh Slip and Fall Cases We Handle

We can help with any slip and fall liability claim, but the accidents listed below are the most common slip and fall claims we handle in North Carolina:

• Wet or slippery surfaces

• Uneven surfaces

• Obstructions

• Poor lighting

• Spilled products and cleaning accidents

• Snow, ice, and slush accidents

• Incorrectly placed floor mats

• Missing floor mats

• Retail product pallets

• Retail displays

• Unmarked ramps and curbs

• Unmarked parking bumpers

• Uneven stairs

• Missing warning signage

Raleigh Slip and Fall Lawyer Cost

For transparent, upfront pricing on what our trial attorneys charge to help you with your Raleigh slip and fall case, please click below.

Raleigh Injury
Lawyer FAQs

• What Should I Do After a Slip and Fall Accident?

• Do I Need a Personal Injury Lawyer?

• How Long Do I Have To File a Personal Injury Claim?

• What Should I Do After an Accident?

• Mistakes To Avoid Following an Accident

• What Damages Can I Recover After an Accident?

• Accidents Involving Children and Minors

• What If I Was Injured After Signing a Release or Waiver?

• What Should I Do If Someone Dies in an Accident?

• What Is Contributory Negligence?

• How Much Does a Personal Injury Lawyer Charge?

Areas Our Raleigh Injury
Lawyers Serve:

• Raleigh

• Cary

• Durham

• Chapel Hill

• Sanford

• Clayton

• Pittsboro

• North Carolina

• South Carolina

The Best Raleigh
Slip and Fall
Lawyers Will:

1. THOROUGHLY INVESTIGATE YOUR ACCIDENT

2. EXPLAIN YOUR OPTIONS

3. GUIDE YOU THROUGH THE CLAIMS PROCESS

4. NEGOTIATE WITH THE INSURANCE COMPANY

5. FILE A LAWSUIT IF NECESSARY

6. ABOVE ALL ELSE, FIGHT FOR YOU

Client Reviews for Our Raleigh
Slip and Fall Lawyers

• “For a stressful situation, he went out of his way to make sure I understood every detail and navigate through the steps.”

• “His expertise puts me at ease that I can just focus on my husband's recovery and medical needs.”

• “Highly knowledgeable, advocated for me, and demonstrated integrity through his actions.”

• “These folks are absolutely honest and sympathetic. If I ever have a need for legal assistance again they are who I am calling”

• “Osborn Gambale Beckley & Budd PLLC is a model on how firms should operate”

Why Our Raleigh
Slip and Fall Lawyers Provide Free Consultations

Free legal consultations play a vital role in ensuring access to justice as well as promoting fairness, justice, and the well-being of accident victims. That’s why our award-winning Raleigh slip and fall lawyers always provide free consultations for potential clients

Schedule a Free Consultation With Our Raleigh
Slip and Fall Lawyers

Even if the business or property owner blames you for the accident, our Raleigh slip and fall liability attorneys can help you recover the maximum amount of compensation that you deserve for your damages.