Articles Posted in Slip and Fall

You should get in touch with a slip and fall accident lawyer if you are dealing with a case associated with an injury that you are not responsible for. In other words, you should hire a lawyer if neither insurance company nor the guilty party is ready to pay your compensation for the injuries you received. In such a situation, it is always a good idea to hire a competent trip and fall accident lawyer. The good thing is that are a lot of lawyers out there to help you out. Some lawyers even offer free consultation for the first time.

Personal Injury Lawsuits

A lawyer can work with you in order to have a better understanding of your problems associated with the case. Once you have found and hired the right lawyer, you should then get ready to file a case. The first thing you have to do is to spell out what happened in detail to the lawyer. After that, you should let the lawyer know who can be responsible for the accident. For instance, you should let the lawyer whether the accident occurred at a workplace or store. If you had an accident in a workplace, the workers compensation insurance has to pay compensation. You should file a case if you are not being compensated.

No business wants its customers to have slip and fall accidents while shopping on their premises, such as a mall or store. However, accidents are bound to happen. If you have had a slip and fall accident lately, you can get help from the law to get compensation for the injuries you sustained. Although the business is not necessarily at fault, you should do investigation in order to find out if the business was really at fault. You can contact a good lawyer in order to do the investigation.

Accidents can happen in a many different ways in a business. You can sue a restaurant if you think it has not been careful while preparing food. At times, bad preparation can cause food poisoning that can lead to health hazards. You can also file a lawsuit against a retailed if he or she did not clean up the spills immediately that caused you to slip and fall. The amount of compensation depends upon the location of the business. It is possible to prevent the bulk of accidents. So a business owner should take necessary steps in order to prevent accidents.

If you received an injury on a government agency premises, then you have to follow a different set of rules in order to file a case. Often, you have to file the same sort of statement in order file a case against different types of government agencies. You should keep in mind that should you want to file a case against a government agency, then you will have a short statute of limitations. Moreover, if you do not initiate a case within the set time period, then you will not be able to get the compensation you deserve. In these kinds of situations, you can get compensation for particular things since an agency can be immune to other payments against damages. You can contact a slip and fall attorney in order to get information about these matters.

If you want to find out whether a slip and fall accident lawyer can prove that a person or a business was negligent, you have come across the right article. Another challenge for the lawyer is to prove that the negligence of the business owner caused harmful injuries to another person. You can imagine how hard it is to prove negligence in the court. It requires a great deal of research as well as collection of solid evidence. You cannot do it alone; therefore, you should seek a competent lawyer to help you out.

A slip and fall lawyer should first prove that the store owner or the manager know that there were some kind of problem that can cause harm to another person. It is difficult in most of cases. For instance, if there is a problem associated with floor, such as split milk, then the lawyer should prove that the store owner or the responsible person knew about and did not take steps to clean the floor. In the areas, the law is neither clear nor specific. This means there is no time limit for addressing these types of problems. Moreover, it is extremely difficult to prove that the store owner knows about the spill that caused an injury to the person.

Expert slip and fall accident lawyers know well how to carry out investigations in these types of issues. For example, the lawyer will scan through the inspection sheets of the store in order to find out whether someone knew about the problem. Aside from this, the lawyer can study the written communication that occurred between the employees and the manager about the substance of spills on the floor. It will be easy to prove that the store owner did not take necessary steps to clean up the spill despite several complaints from employees or customers.

Did you have a slip and fall accident due to the negligence of someone else? Did you do something to recover compensation from that person? Yes, there is a way to teach that person a lesson and claim compensation for the injuries you received. In order to hold the responsible party liable, you can file a case against them in the court of law. But do you have the knowledge of legal matters? Can you handle the case without the help of a professional lawyer? Well, hiring a lawyer is strongly recommended if you want to win the case.

Following are five good reasons why you should hire a competent attorney in order to handle your case:

Slip and Fall Attorneys Are Personal Injury Experts

People may have slip and fall accidents at anytime and anywhere. A slip and fall accident occurs when a person slips on a surface while walking or running. The slip may cause them to fall to the ground. Slip and fall accidents, for the most part, do not cause serious injuries. In some cases, however, they can lead to serious injuries, depending on the type of surface they hit in the fall. They may suffer from minor injuries, such as minor bumps or bruises or severe injuries that can lead to a comma or even death.

When a person slips and falls, they may receive head injuries that can result in long-term injuries or health ailments. In most cases, people receive head injuries when they slip on a surface and fall to the ground. In other cases, they may suffer from severe problems, such as broken bones, pulled muscles, sprained joints and internal injuries. A person may have to take 2-3 months of bed rest in case of a broken leg. So, a host of dangers are associated with slip and fall accidents.

Any of the above mentioned injuries may contribute to chronic pain or permanent disability. Sometimes, a person may have to spend a great deal of money on physical therapy or other medical treatments in order to recover completely. Unfortunately, medical treatments cannot cure all types of injuries. A number of factors may lead to a slip and fall accident. For example, such accidents can take placed in public due to the negligence of a pedestrian or a motorist. If the authority responsible for the maintenance of walking surfaces in public places fails to do that, then slip and fall accidents may be likely to take place.

Most people have a slip and fall accident at least once in their lifetime. Usually, they do not take it seriously and get back to their work as usual. At times, they receive minor injuries and try to be more careful next time while walking. However, some slip and fall accidents are complicated and cause serious problems. At times, the victim can lose their life as a result of a fall. This happens when they receive serious injuries and doctors fail to treat those injuries.

Some slip and fall accidents occur when a person is trying to climb up a stair. If an individual falls off a high stair, they are likely to receive severe injuries. There are many types of slip and fall injuries and the description of such injuries is as follows:

Brain Injury Or Head Trauma

A common accident in a workplace is one that involves a slip and fall. An aged person who slips and falls could break their wrist, hip or elbow. In some cases, they can even crack their head aside from cuts and bruises. If the condition of the patient is serious, they can be admitted to a hospital where doctors conduct different tests and x-rays in order to find out which parts of their body are injured. These things can cost up to $30,000. So, what you can you do to avoid workplace accidents and ensure safety?

You can implement a number of techniques in order to prevent slip and falls in the workplace. Non-skid flooring can prove helpful. It is not just your employees and workers you need to worry about. You need to think about the customers and vendors as well. If the back door of your office is too heavy and there is too much slope for the hand-driven trucks your vendors use to carry the merchandise into the office, it can cause them to slip and fall. Moreover, employees that use ladders in your stock room or try to carry heavy things while climbing the ladders may also suffer from a slip and fall accident.

When it comes to slip and falls in the workplace, you will need to deal with fake falls as well. Many employees try to get out of work with the help of “Fake falls”. For this purpose, that employee gets in touch with their lawyer who then refers them to their chiropractor friends to render the employee disabled. Then they file a lawsuit before you come to know about the whole matter. Then they hope to make settlement with your insurance company without taking the matter to the court. Some insurance providers try to get out of it.

The following blog entry is written to illustrate an example of a personal injury case. Reviewing this kind of lawsuit should help potential plaintiffs and clients better understand how parties in personal injury cases present such issues to the court.

(Please also note: the names and locations of all parties have been changed to protect the confidentiality of the participants in this personal injury lawsuit and its proceedings.)

FACTS/CONTENTIONS

According to Plaintiff: The ABC Project, which spanned December 2003 to October 2004, was a multi-million dollar, interior remodel and seismic and structural upgrade of an existing retail store and building in San Francisco. Defendant XYZ Contracting Corporation of New York was the general contractor, and it hired several subcontractors, including plaintiff Randy Scar’s employer, C Constructors, and P Elevator, an elevator subcontractor.

At the time of the accident, subcontractors were replacing the existing elevator, and to accommodate other ongoing work, XYZ was required to maintain barricades in front of each opening to the elevator shaft. On August 30, 2004, plaintiff, a 45-year-old construction superintendent, was working when he slipped into the unguarded elevator pit, falling backwards and landing on his back on the concrete floor.

Plaintiff alleged that the contract stipulated that defendant was required to maintain barricades in front of each opening to the elevator shaft during the entirety of the project. Defendant had a non-delegable duty to guard the elevator shaft.

Defendant disputed the allegations, contending that plaintiff was comparatively negligent for not paying attention as he worked. Defendant also pointed out that plaintiff was in a methadone program, claiming that he was not really injured but simply faking injuries in order to obtain painkillers.

CLAIMED INJURIES

According to Plaintiff: Plaintiff sustained permanently disabling back, neck, and knee injuries that prevented him from ever returning to his prior work as a construction supervisor and general contractor or to the physical activities he loved.

CLAIMED DAMAGES

According to Plaintiff: Not reported.

For more information you are welcome to contact Sacramento personal injury lawyer, Moseley Collins.

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The following blog entry is written to illustrate an example of a personal injury case. Reviewing this kind of lawsuit should help potential plaintiffs and clients better understand how parties in personal injury cases present such issues to the court.

(Please also note: the names and locations of all parties have been changed to protect the confidentiality of the participants in this slip and fall lawsuit and its proceedings.)

Three months after she fell on the bus, the plaintiff recognized that her injury wasn’t healing properly and sought treatment. The plaintiff’s wound was surgically repaired, but her surgeon determined that the skin in the affected area was so thin and caused so much pain, that she needed to undergo an amputation.

Plaintiff’s counsel asserted that the plaintiff had enjoyed five consecutive, asymptomatic years immediately before the bus accident, and that the osteomyelitis recurrence, ulcer and subsequent amputation all resulted from the fall.

Plaintiff’s counsel argued that the plaintiff would require a new prosthetic leg every two years and pain management therapy, and that she would need a wheelchair and would have to reduce her work schedule to 20 hours per week.

The plaintiff sought about $1 million in economic damages, including about $750,000 for future medical care, plus unspecified damages for past and future pain and suffering.

ABC Transit argued that the fall on the bus wasn’t the reason the plaintiff needed the amputation. Counsel contended the plaintiff’s leg would have been amputated anyway due to the extensive injury and surgery in the affected location.

For more information you are welcome to contact Sacramento personal injury lawyer, Moseley Collins.

Continue reading

The following blog entry is written to illustrate an example of a personal injury case. Reviewing this kind of lawsuit should help potential plaintiffs and clients better understand how parties in personal injury cases present such issues to the court.

(Please also note: the names and locations of all parties have been changed to protect the confidentiality of the participants in this slip and fall lawsuit and its proceedings.)

INJURIES: Years before the bus accident, the plaintiff’s left ankle was crushed in a car accident. The injuries sustained in that accident caused the plaintiff to develop osteomyelitis, which required multiple general and plastic surgeries to treat, the end result of which was a very thin veil of skin on the plaintiff’s left ankle.

Facts:

On Sept. 1, 2005, the plaintiff, a computer programmer, boarded an Sacramento County Transit bus in downtown Sacramento, and proceeded to take the first available seat, along a row of four seats which were designated for disabled passengers. As the plaintiff held the handrail and attempted to sit down, the bus accelerated and departed the bus stop. The plaintiff fell.

The plaintiff sued ABC Transit, contending that the driver failed to allow the disabled plaintiff enough time to get seated before he drove away from the bus stop.

ABC transit argued that it couldn’t be held liable because the plaintiff didn’t present a disabled bus pass to the driver. Counsel argued that, since the bus driver didn’t know the plaintiff was disabled, he wasn’t required to wait for her to be seated before accelerating the vehicle.

For more information you are welcome to contact Sacramento personal injury lawyer, Moseley Collins.

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