How do I prove a slip and fall accident wasn’t my fault?

Estimates show that about one million Americans experience a slip-and-fall accident every year. Slip-and-fall accidents can result in injuries ranging from minor to very severe, in which case surgery, medications, and physical rehabilitation might be necessary and quite expensive. In fact, the Centers for Disease Control find that 20-30% of slip-and-fall accidents are severe which usually requires extensive treatment. Though some of these cases might have been due to a simple accident, sometimes they are due to the negligence of a property owner.

Could the Property Owner Have Prevented the Accident?

When considering the idea of pursuing a slip and fall legal case against a property owner, it is important that you are able to demonstrate that the property owner could have prevented the accident from occurring. For example, if someone slips and falls in a restaurant on a recently mopped floor that was not marked by a hazard sign, the restaurant’s owner could be held liable for negligence.

Maintenance of Safe Conditions

When we talk about determining liability, we have to assess whether or not the property owner failed to maintain a safe environment.

  • If the property is actually in a safe state of operation, a court might not favor your claim.
  • If the property owner failed to maintain safe conditions (for example, if they did not repair rotting floorboards), they could be found liable for a slip-and-fall accident.

Proving Liability of the Property Owner

In order to prove the property owner’s liability, we need to establish as much of the following as possible:

  • A hazardous condition or obstacle existed long enough for the property owner to notice and take steps to eliminate the issue.
  • The property owner had a policy in place for regularly checking for hazards but failed to do so as indicated in a record book.
  • A reasonable justification for the creation of a possible hazard did not exist at the time of the accident.
  • The hazard could have been made safer by relocating it, preventing access to the area, or by placing a warning sign near it.
  • Poor lighting resulted in the accident.

Reasonableness of the Property Owner’s Actions

When we talk about the reasonableness of the property owner’s actions, we are referring to whether or not the property owner could have taken action to address the hazard within a reasonable timeframe prior to the accident. These are questions that might be asked by the court:

  • Is there proof that a property owner inspects the property like they might claim?
  • For how long was the hazard present?

The Rule of Comparative Negligence

There is a partial legal defense known as The Rule of Comparative Negligence which can attribute part of an accident to the plaintiff’s negligence. For example, if a plaintiff claims that they slipped on a spilled drink in a restaurant, the defense could invoke this rule and claim that the plaintiff was simply clumsy or didn’t take the extra effort to walk around the spill. This is something we need to be mindful of when we make our slip-and-fall cases in court, since this can reduce the amount of damages a plaintiff can receive.

If you have been involved in a slip-and-fall accident, a personal injury lawyer Phoenix AZ relies on may be able to assist you in filing a claim or lawsuit and receive compensation for your damages. Before you hire a personal injury lawyer, they can take a look at your case and offer an opinion as to whether or not it makes sense to engage their services.

Alex & Saavedra, P.C.Thanks to our friends and contributors from Alex & Saavedra, P.C. for their insight into personal injury practice.

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What Is My Personal Injury Case Worth?

 

What Is a Personal Injury?
A personal injury is an injury to the body, mind, or emotions, but does not include damage to personal property. For example, if you’re hit by a motorist, you have experienced a personal injury and might be entitled to legal compensation to treat your injury.
A personal injury is a tort claim that could be a result of negligence, intentional, or strict liability. A claim for personal injury can be filed against an individual, a business, or a corporation or a combination of parties. The two main aspects of personal injury are the amount of liability and/or damages received.
How Do I Know I Have a Serious Personal Injury?
A qualified legal professional can help you determine the extent of your injuries and damage as they qualify for a claim or lawsuit. Personal injury law is a complex set of laws that may require an attorney in order to receive maximum compensation.
Common personal injuries include spinal, brain, neck, whiplash, pain, and suffering. A personal injury attorney has the experience and expertise to deal with the applicable laws, courtroom proceedings, and negotiations with insurance companies.
How Do I File a Personal Injury Claim?
You can file a personal injury claim without an attorney in a small claims court, but it may be a difficult challenge to handle on your own. For cases involving more than a few thousand dollars in damages, most victims opt to hire an experienced Las Vegas personal injury lawyer. For the amount of money involved, most people don’t want to risk losing the case by representing themselves.
  • An attorney will help you file within the strict statute of limitations associated with a personal injury claim.
  • An attorney will know how best to fight the liable person and their insurance company.
  • An attorney can help you file a personal injury claim against someone who is underinsured or without insurance.
What Is My Personal Injury Case Worth?
Your damages and the compensation for them is determined by a multiplier that an attorney is qualified to calculate.
  • The worth of your personal injury claim is based on your medical bills and how much you should receive for pain and suffering.
  • Mental anguish is what a person has to endure as a result of the personal injury and results in additional compensation.
  • Damages may include the loss of wages, hospitalization, and/or additional out-of-pocket expenses.
  • An attorney can get you the maximum amount of compensation that you deserve for your personal injury.
Thousands of people fall victim to serious, or even fatal personal injuries each year. Young adult drivers are more likely to become a victim of personal injuries due to motor vehicle accidents. Pedestrians are also the leading victims of personal injuries claims against motorist.
Talk to a Personal Injury Lawyer
Do not sign any legal agreements without at least considering talking to an attorney beforehand. They may be able to negotiate you a higher settlement amount. In this way and others, a personal injury lawyer can defend your legal rights. If you have suffered a serious injury you deserve maximum compensation for your damages.
Nadia Thanks to our friends and contributors from Nadia von Magdenko & Associates for their insight into personal injury cases.
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Job-Related Lower Back Pain and Workers Compensation Benefits

A back injury is one of the most common types of workplace injuries in the United States. Workers who sustain a back injury while on the job may qualify for workers compensation. However, every situation and set of circumstances is different, which is why it’s important to consult a workers comp lawyer to learn about your legal rights.

Common Types of Workplace Back Injuries

An experienced chiropractor Gaithersburg MD employees turn to when they suffer from a workplace injury is probably familiar with these common types of back injuries:

  • Pinched nerve
  • Lower back strain
  • Damage to the spinal cord
  • Herniated discs
  • Fractured vertebrae

What workers comp benefits can you receive for a lower back pain injury?

An on-the-job injury to your back may qualify you to receive any or all of the following:

  • Prescription or over-the-counter medications to treat your injury and/or the resulting pain or discomfort
  • Physical therapy treatments
  • Physical therapy medical equipment aids
  • Related out-of-pocket costs
  • Surgery
  • A portion of your regular wages if you are unable to work or work your normal number of hours

Report Your Workplace Injury Immediately

To begin the process of the back injury claim, you must first report it to your employer if you have not done so already. Another reason why it’s important that you don’t delay in doing this is that there is a limited time of eligibility to file a claim. That time limit varies depending from state-to-state and if you are a federal employee.

Lower Back Pain Treatment

In most cases, when an employee is eligible for worker’s compensation after sustaining an injury, they must accept treatment from an approved physician. That workers compensation bureau-approved doctor will then recommend a treatment method. If they believe a specialist is necessary, they will let you know. A subsequent examination by the specialist will then be required. Regardless of which doctor provides the treatment for your lower back pain injury, you cannot return to work without their approval.

Disability as a Result of a Back Injury

If you are diagnosed with a disability due to your work related back injury, it will qualify as one of the following:

1.    Permanent and total. This is the most serious category of a workplace injury and the results can be devastating. A workers compensation lawyer can determine if you qualify for far more than what workers compensation benefits will provide you. A skilled worker’s compensation lawyer can help you receive:
a.    Medical treatments to help your condition and possible reduce or eliminate your pain and suffering.
b.    Compensation to make necessary structural changes to your home to accommodate your current and future physical limitations. This might include a stairway chair, wheelchair ramps, kitchen counter modifications, and much more.
c.     Permanent partial disability. This category for those workers who suffer an injury that leaves them with a permanent condition but they are not completely disabled. However, this level of injury may not allow them to return to work full time, or at all. A workers comp lawyer can help someone in this situation collect compensation for the seriousness of the injury as well as resulting costs such as lost wages.

d.    Temporary partial disability. Workers classified in this category are expected to make a full recovery from their workplace injury.

Do not wait to get help from a workers compensation attorney if you need assistance or have questions.

Pain & Arthritis Relief CenterThanks to our friends and contributors from Pain & Arthritis Relief Center for their insight into lower back pain injuries.

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Rear Ended by a Semi Truck?

Hundreds of thousands of semi or large trucks are involved in traffic accidents each year, which puts many lives at risk. In addition to the thousands of injuries suffered by motorists, a number of people die in truck versus car accidents.

 

Larger trucks are more likely to cause serious damage to your vehicle than other vehicles on the road. This is due to their much larger size and weight. In addition, because semi-trucks need more time to slow down or stop, they are more at risk for causing rear-end collisions. This is especially true when the driver is not paying attention to the road or is driving while distracted.

 

A rear-end type of accident can have devastating results when a semi-truck is involved. A passenger car, or even a full-sized SUV, does very little to protect its driver and passengers when a large and heavy vehicle collides with it. The average weight of semi trucks is around 18,000 pounds. That’s more than twice the weight of an SUV. If this scenario describes your experience, consider discussing your case with a truck accident lawyer.

 

What Happens If a Semi Truck Rear Ends Me?

 

If you are involved in a collision with a semi truck, there are several immediate steps to take.
  • If a semi truck rear ends you, it’s very important to call the police and report the accident.
  • If injured, seek immediate medical treatment. Even if you do not think you were injured, consider getting checked by a doctor in the event you have an injury you’re not yet aware that you’ve suffered. Many serious or even fatal injuries are initially masked by adrenaline or shock.
  • If you end up filing a claim or lawsuit, it helps to have a police report and to have your injuries documented immediately following the accident.

 

Semi Truck Liability

 

By law, all commercial truck drivers are required to follow a specific duty of care. If you are hit by a semi truck and it was not your fault, you may be eligible to collect compensation from the driver for your damages. These are some of the most common scenarios in which truckers can be held responsible:
  • They are required to look out properly for other vehicles, to pay attention to the road, and to comply with all the traffic laws in any given area. If they disregard a stop light or traffic sign and it leads to an accident, they can be held responsible.
  • They are not permitted to drive while distracted, tired, or under the influence of alcohol or drugs.
  • If a semi truck follows behind a vehicle too closely and collides with it after the auto driver applies their brakes, the trucker can be held liable.

 

Who is to Blame?

 

If the passenger vehicle driver was not at fault, liability may fall to the semi truck driver, or even the truck’s manufacturer, depending on the circumstances of the accident. The job of a truck accident victim’s lawyer is to prove their client is not to blame. The car owner’s attorney will need to establish some or all of the following:
  1. Was the driver of the truck negligent?
  2. Was the truck improperly maintained which led to it causing the accident?
  3. Was there a manufacturing defect which caused the collision?
It’s important to call an attorney as early in the process as possible. This is because the evidence should be preserved while it is still available. In addition, the victim’s injuries may be serious and require costly medical treatment. An attorney can begin preparing the case immediately which may lead to a faster resolution.

 

When a serious accident occurs, it can be challenging to deal with the tragedy that results. Contact a truck accident lawyer Memphis TN relies on who can help you recover your damages and collect maximum compensation from those responsible. Though an accident claim or lawsuit will not erase the past, it can help you move forward.

 

logo-hiThanks to our friends and contributors from Wiseman Bray PLLC for their insight into semi truck accident cases.
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Should You Sue for Wrongful Termination?

An employer does not have an absolute right to terminate an employee. While they may have leeway when it comes to choosing who to hire, fire, or promote, there are instances in which workers are protected from retaliation. How do you know if you should sue for wrongful termination?

 

Are You a Protected Class?

 

A protected class is a person who is shielded from treatment that is based solely on his or her gender, religion, or physical condition. In other words, your boss can’t fire you simply because you are a Christian or because you are pregnant. Workers also generally cannot be fired or retaliated against for taking time off under the Family Medical Leave Act or for related reasons.

 

Have You Taken a Protected Action?

 

In addition to protections granted to classes of people, state and federal law may provide protection for those who take certain actions at work. For instance, you cannot be fired or retaliated against if you speak out against an illegal or unethical practice in the workplace. You also generally cannot be fired for refusing to take certain actions that conflict with your religion or that may be reasonably considered unsafe. Because the law can be complex in this area, if you believe you have been terminated for a protected action, contact a Lake Worth workers’ compensation lawyer and wrongful termination lawyer.

 

Can You Prove That You Were Fired for Either of Those Reasons?

 

It can be difficult to prove that you were fired because you are a women or because you spoke out against the head of the company. However, there are key pieces of evidence that if identified, may be able to help your case.

 

  • If there were no prior complaints about your work prior to speaking up about questionable practices, it may be why you were unfairly terminated.
  • Did anyone witness any behavior on the part of others that could be construed as unfair and the basis for illegally firing you?
  • While rare, a manager or someone else in the company may admit that you were unlawfully terminated. If this should happen, document it immediately and provide this information to your attorney.

 

Pursuing Your Case Could Help Others

 

It is understandable that you don’t want to rock the boat or get the extra scrutiny that filing a wrongful termination case may cause. However, it may be in your best interest to pursue justice. This is because in addition to getting compensated for your lost wages and other damages, a favorable ruling in your case could help others. It might be used as precedent for future cases involving workers who have been treated unfairly by their employers. Seeking justice for yourself may also serve to provide a voice to others who have been too afraid to come forward with their own stories.

 

As a professional, you want to preserve your reputation and make sure that you remain someone who employers would want to hire. However, you may be able to do more for yourself and others by ultimately holding your employer accountable for their actions. By doing so, you may cause employers to think twice about mistreating employees in the future as it could result in a backlash that they would rather avoid. Contact a wrongful termination lawyer today to discuss your case.

 

justia-franksandkoenig-comThanks to our friends and contributors from Law Offices of Franks, Koenig & Neuwelt for their insight into workers comp and wrongful termination.
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Does Your Work-Related Lower Back Pain Qualify for Workers Comp?

The second most common workplace injury are back injuries. If you have sustained a back injury due to working conditions, you might be eligible for worker’s compensation as a result. A workers comp lawyer can provide you with legal advice specific to your unique circumstances, but the following information may be helpful to you.

What kinds of back injuries are common in workplaces?

As a chiropractor Rockville MD trusts can attest, common workplace injuries include:

  • Lower back strain
  • Spinal cord damage
  • Fractured vertebrae
  • Herniated disc
  • Pinched nerve

 

Workers Compensation Benefits

A back injury caused by your job can qualify you to receive workers compensation benefits. Such benefits can aid you by paying for:

  • Physical therapy
  • Two-thirds of your wages lost due to inability to work or to work full time
  • Medical treatments or surgery
  • Out-of-pocket costs related to your injury
  • Medications prescribed for your back injury

 

Workers Compensation Claims

If you have not already reported your back injury to your employer, do so immediately. The process for filing a workers compensation claim begins when you notify them of your injury. The claim form itself will require you to report the circumstances of sustaining the injury including when and where it occurred.

 

Treatment for Your Lower Back Injury

Often, a workers compensation program requires that you see an approved physician for treatment. After an exam and evaluation, the physician will recommend treatment. If a specialist is necessary, you will be approved for treatment by that specialist. Only after you have recovered as much as the doctor believes is possible will you be allowed to return to work.

 

Back Injuries and Disability

Your physician may diagnose your back injury as a disability. If this is the case, it will fall into one of these categories:

  1. Temporary and partial disability. After you have recovered and have regained full ability, your physician will approve you to return to work.
  2. Permanent and partial disability. If, because you are not able to fully recover, you cannot return to your previous job, your employer may have to reassign you to a job that you can physically perform. If this is not possible, you may have to seek employment elsewhere. Consult a workers compensation attorney if this is the situation.
  3. Permanent and total disability. If your workplace injury is severe enough that the damage is permanent and total and as a result you are unable to work, you should contact a workers compensation attorney immediately. Workplace injury victims in this circumstances face expensive medical treatment costs on top of an inability to work. In addition, they may be forced to make substantial home renovations. For instance, they may have to modify their house to accommodate wheelchair access. An attorney may be able to secure far more compensation from the employer than workers compensation allows.

 

If you have sustained a lower back injury at work, it’s important to know that you have legal recourse. Do not delay in seeking the help of a workers compensation attorney if you need assistance.


Thanks to our friends and contributors from Pain & Arthritis Relief Center for their insight into common workplace back injuries.

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Surveillance Videos

When you visit the property of another person, you should be able to do so without worrying over hazards and dangers that may cause you injury. When a property owner fails to make a reasonable effort to eliminate tripping hazards, slipping hazards, or other dangers, and this failure leads to your injury, you may have the ability to file a lawsuit under the legal concept of premises liability.

When building a premises liability case, a skilled premises liability attorney will use all documentation or evidence of the accident to demonstrate who was at fault. While the property owner has a responsibility to maintain their property so that it does not pose a risk to guests or visitors, you as a guest or visitor have a responsibility not to act in a careless manner that leads to your own harm. If an accident occurs in a business such as a department store, there is a possibility that it will be caught on a security camera system.

Having surveillance video of the accident can play a vital role in a premises liability case, as having this video feed quickly eliminates much of the guess work and arguing over what exactly contributed to the accident. If the video shows that the victim fell despite the fact that they were walking normally and carefully, then they will easily have a strong case against the property owner. If, on the other hand, this video shows that the victim was running across an area clearly marked by a wet floor sign, they will have a very difficult time building any kind of case. This is why it is very important after an accident to report it to the store and to request the video from the security feed.

It also cannot be stressed to much just how important the role of an experienced premises liability attorney Atlanta GA trusts will be in any legal action resulting from tripping or slipping and falling. The process towards receiving compensation for your injuries through the courts is long, drawn out, and very complicated. Acting by yourself, it can be very difficult to build a solid case and to know the proper paths to take. By utilizing an attorney who has handled similar cases, you save yourself significant stress and also ensure that you are receiving the best results.


AAThanks to our friends and contributors from Andrew R. Lynch, P.C. for their insight int to premises liability practice.

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What are Damages

A motor vehicle claim involves the use of the term “damages.”  Knowing what damages are, is important in the outcome of the motor vehicle claim.   In any motor vehicle accident claim there are 2 parts to the case:  (1) property damage and (2) personal injury.  The recovery in these 2 parts depends on the amount of damages to your vehicle and/or your physical body.  The person who caused the accident has a duty to return you to the position you were in prior to the collision.   This theory is called made whole.  The extent of the damages determines the monetary amount awarded to the victim.

As a Little Rock AR personal injury lawyer can explain, Your damages in the property damage portion of the case will depend on how much it costs to repair your car.  In some instances it is cheaper to total the car than to repair it.  Totaling the car is often used by the insurance company to save money on their part.  If the car is worth $3,000.00 and it will cost $4,000.00 to repair it, you can see it would be cheaper to total the car and save $1,000.00.   This analysis is driven by the value of the car, not by how much you owe on it.  Therefore if the car is only worth $3,000.00 and you owe $5,000.00, the insurance company will not be moved by the fact that you are upside down.  This is unfortunate, but you will be personally responsible for any additional amounts that are owed on the vehicle.

Damages in the personal injury part of the claim are determined by the type and amount of medical care the injured party receives.  Damages can be initially forecasted by the amount of property damage sustained by the vehicle.  If the property damage was a minor $500.00 fender bender, the implication is this was a very minor impact and there should be little to no medical costs incurred.  However, if the vehicle was totaled the implication is that major impact occurred causing the passengers to sustain severe jarring and/or collision with the interior of the vehicle.  This will be evidenced by bruising, soft tissue tearing, bleeding, concussions, broken bones, and/or spinal injury.

With every claim, the insurance adjuster must make a reasonable calculation of what your damages are.   This evaluation is dictated by the types of injuries you sustained.  The injuries are validated by the documentation through the medical care provider who treats you or evaluates you.  Without this documentation you are lacking valuable evidence to prove up your personal injury portion of the damages.

Some personal injury damages do not become evident until days or weeks after the motor vehicle accident.  Therefore it is important to receive immediate medical attention to evaluate the degree of injuries that occurred as a result of the wreck.  Waiting to receive this evaluation will adversely impact the damages claim due to personal injury.

Damages are determined by medical documentation and confirmed by the diagnostic testing, such as x-rays, MRI, CAT scans, and other diagnostics.  These types of medical records become the basis of your damages for the personal injury claim.  Without this necessary medical treatment and documentation it is impossible to prove up your injuries.  This is the evidence in your personal injury claim that provides the calculation for your damages.


Lisa DouglasThanks to our friend and contributor from the Law Offices of Lisa Douglas, Inc. for their insight into medical malpractice.

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Key Types of Auto Accident Witnesses

Hopefully after your accident, you got the contact information for all the witnesses to it.

Now you need to determine in partnership with a Chicago Personal Injury Lawyer at The Law Offices of Konrad Sherinian, which ones will help or hurt your case.

An attorney can advise you about all the complexity related to witness factors.  Some basic tips:

Credibility is key.  If you did not get a police report at the scene of the accident, provide the police with witness contact information and ask for one as soon as possible after.  Neutral third-party witnesses are best. Did anyone record it on their cell phone camera or still shots? Is there traffic camera footage?  How about security footage from the parking lot of a nearby store?  If so, try to obtain copies of these.

If the accident was near a bar or restaurant, were all the parties sober? If not, what amount had they consumed over what time period? The other side may call into question this factor.

When you interact with the witness what is their demeanor like?  Reliability is also an important factor.  Does their story change when you challenge them on a fact? Did they appear to have a clear view of the incident? Do they seem to have a good memory?  You will not be eager to use the account of a witness who through confusion or poor recall may contradict the police report, or what other key witnesses have said about events.

Also consider variables at the scene.  It is important to not make assumptions and ask possible witnesses the right questions. Did the witnesses have glasses or contacts on if they use prescription lenses?  Do they have adequate night vision? Was there rain or wind that prevented a clear view of the intersection?  From about how far did they view it, and at what angle? It is helpful at the scene or after to draw a diagram of the accident with marks to show the locations of each car and each possible witness.


Konrad SherinianThanks to our friends and co-contributors from the Law Offices of Konrad Sherinian for their insight into auto accident witnesses.

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Can You File a Workers’ Compensation Claim for an Injury Sustained at a Work Party?

From holidays, to social gatherings, to corporate events, everyone enjoys participating in a workplace party or social gathering, but what happens if you’re injured at one of these events?  You may be entitled to benefits under your employer’s Workers’ Compensation insurance policy.  Just because an injury occurs in a social setting rather than your conventional work duties, doesn’t mean you’re barred from medical and monetary benefits under Workers’ Compensation. Various factors can play a role in determining if a work party injury is covered, for example, location of the party, payment for the party, whether attendance was optional and timing of the party.   Each case is fact sensitive, so meeting with a NY workers’ compensation attorney can be especially important in these matters.

There are many scenarios in which you may be covered.  In a recent case, a client came to our office after fracturing his foot at a work holiday party. Despite the injury occurring as a bystander to an altercation at the party, since the party was at the place of employment and it was during the time the claimant was supposed to be working but for the party, the case was found compensable.  In another similar case, where a claimant was injured at an off-site dinner to celebrate a co-workers retirement, the employer was found to be liable as they provided time-off to attend the gathering, paid for travel expenses and paid for the dinner in advance.  A final example of a covered event, is a case where the employee suffered a heart attack as a result of strenuous dancing at an employer sponsored dinner to boost morale amongst employees.

As you can see, just because you may have been having fun, and not in your usual work setting, doesn’t mean you are not covered under Workers’ Compensation and you may be entitled to benefits.


Thanks to our friends and contributors at Polsky, Shouldice & Rosen, P.C., for their insight into workers compensation practice.

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