What You Must Prove to Win a Slip and Fall Injury Claim

Whether it occurs at a friend’s house or the grocery store, slip and fall accidents take place rather often. In a few cases, the owner of the property is liable for the injuries of the injured party, and in other instances, the property owner won’t be held legally responsible. Now let us explore the various aspects of slip and fall accidents by reviewing What You Must Prove to Win a Slip and Fall Injury Claim by All Law.

“Theories of Liability in Slip and Fall Claims

In order to hold another party responsible for injuries suffered in a slip and fall accident, an injured person must typically prove one of the following:

A property owner (or their employee) should have recognized a dangerous condition (i.e. a pothole or an uneven walking surface) and removed or repaired the potential danger, but did not. The key question here is whether a reasonable person would have identified the condition as hazardous, and whether the defendant had ample opportunity to remedy the situation before the accident occurred. OR

A property owner (or their employee) actually caused the dangerous condition leading to the slip and fall accident — by leaving a hazardous obstacle in a walking path, for example — and it was reasonably foreseeable that someone would trip and fall due to the condition.”

How Much is A Slip and Fall Claim Worth?

slip and fall case
Slip and fall accident

Medical Bills

The bills for past, present, and future treatment related to the fall will be the main measuring stick in calculating the injury damages you sustained. Depending on your location, the amount utilized to calculate the damages could be the amount that the health care provider charged or the amount the provider chose to receive as full payment. Very frequently, healthcare providers choose to accept below the charged amount; thus it’s important to understand the law in your jurisdiction.

Usually, a legal slip and fall case is at least worth the medical bills’ cost. So perhaps, you can safely assume that you’re entitled to receive at least such amount. Additionally, on the other hand, you may be eligible to recover what’s called as the “pain and suffering.”

Pain and Suffering

Perhaps, this can be the least expected section of damages, when it comes to what its value could be. There are no clear rules for computing the pain and suffering a person endures; but, the amount of the medical expenses is typically what’s utilized as the basis.

Depending on the permanence and severity of the injuries, the lawyers or insurance adjusters assessing the claim usually determine a proper multiplier to utilize, together with the medical bill charge, to calculate the sum of the pain and suffering you’re entitled. For instance, if you fell or slipped a flight of stairs, fractured a couple of bones, and will have an injury that affects your walk for the remainder of your life, the pain and suffering’s value may be five-fold the cost of the medical bills. On the other hand, if you slid on floor wax at a store, injured your wrists, and completely recovered in a just month; the pain and suffering value may just be 0.5 times the cost of the medical bills.

It’s crucial to note that a few injuries don’t show up following the slip and fall. Because of this, it’s wise to discuss the amount of the claim with imminent injuries in mind.

To help you with your slip and fall accident, here is FindLaw’s Proving Fault in Slip and Fall Accidents, which talks about a few things that you or your lawyer will want to talk about before starting a lawsuit:

“How long had the defect been present before your accident? In other words, if the leaking roof over the stairwell had been leaking for the past three months, then it was less reasonable for the owner to allow the leak to continue than if the leak had just started the night before and the landlord was only waiting for the rain to stop in order to fix it.

What kinds of daily cleaning activities does the property owner engage in? If the property owner claims that he or she inspects the property daily, what kind of proof can he or she show to support this claim?

If your slip and fall accident involved tripping over something that was left on the floor or in another plce where you tripped on it, was there a legitimate reason for that object to be there?”

slip and fall attorney
The halls of justice

Loss of Earning Capacity

If you sustained severe injuries that you aren’t capable of accomplishing the kind of work you did before getting injured—and you aren’t capable of earning money as much as you used to– then you can recover an amount that’s intended to repay you for lost earning capacity. A professional (usually a vocational rehabilitation specialist) would provide testimony in order to support the claim, following a full assessment of the injuries, the occupation, and the prospects for work in the future.

If you effectively established that your earning capacity had been reduced because of your injuries, the owner of the property may pay you for such loss a few various ways, including:

  • paying your education or training in another field
  • providing you with a lump sum payment for the amount of your diminished earning capacity

Lost Wages

If you missed or temporarily left work due to your injuries, you’re probably eligible to receive the value of the income you would’ve earned. You’ll need to validate the amount you make as well as the time off work you missed, typically with a pay stub or tax return. Your employer will possibly need to confirm, in writing, the period you missed because of your injury, as well as your usual income rate.

And in Nolo’s How Much is Your Slip and Fall Claim Worth?, it talks about the variables that’ll provide you with a decent idea of your claim’s value. Here’s an excerpt:

“Medical Bills — Present and Future

Your bills for past and future medical treatment related to your fall will be one of the main measuring sticks in calculating your injury damages. Depending on where you live, the amount used to calculate your damages may be the amount the healthcare provider billed, or the amount the healthcare provider agreed to receive as payment in full.

Pain and Suffering in a Slip and Fall Claim

Pain and suffering may be the least predictable component of damages, in terms of what its value might be. There are no hard-and-fast rules for calculating pain and suffering; however, the amount of your medical bills is typically what is used as the starting point.”

The Different Kinds of Liability Insurance in Personal Injury Claims

Most insurance claims in personal injury are filed under car liability coverage. That is understandable because most injury claims involve vehicle accidents. But there are other kinds of liability insurance, covering all types of injuries and circumstances.

Depending on the injury you sustained, and where it took place, you can file a claim under the insurance coverage in one of the areas:

  • Automobile
  • Homeowners
  • Business
  • Medical Malpractice
  • Boat and Off-road Vehicle
  • Workers’ Compensation

Car Insurance

There are two main forms of vehicle liability insurance: first-party (no-fault) insurance and third-party insurance. A driver who buys a car insurance policy is called the first party; while the insurance company is known otherwise as the second party; and the third party is the individual who’s injured, or sustains property damage, due to the first party’s actions.

car accident
car wreck after a car accident.

Third-party

You aren’t limited to filing a claim against the responsible driver’s insurance in third-party claims. If the car is owned by somebody other than the owner, then you are entitled to pursue the owner’s insurance too.

To succeed in such insurance claim, you should prove that the other party caused the accident. Do that through gathering as much proof as possible: photographs, witness statements, police reports, weather reports, and all that.

First-party (no-fault)

In areas or states with the no-fault law, you should turn to your insurance company for the compensation, despite who caused the accident. And in a few instances, your insurance company could pursue the other party to recover the cash they paid to you. This is called “subrogating” the claim.

Additionally, no-fault coverage applies only if there no serious injuries occurred. If you’re severely injured in a crash, you could be able to file a compensation claim from the responsible driver. Note it is always best to talk with a lawyer in severe injury cases.

Frequently, injury claims are deal with by insurance companies. In general, insurance companies settle for paying for car accidents and injuries that involving their clients. And this is why folks spend the cash on insurance. However, as an insured plaintiff, it’s crucial for you to understand your insurance contract’s fine print.

The Different Types of Liability Insurance in Personal Injury Claims by Injury Claim Coach provides us with a general idea of various types of liability insurance.

Auto Insurance

There are two primary forms of auto liability insurance: third-party insurance and first-party (no-fault) insurance. The driver who purchases an auto insurance policy is referred to as the first party. The insurance company is the second party. The third party is the person who is injured or suffers property damage, as a result of the actions of the first party.

Third-party

In third-party claims, you are not limited to pursuing the at-fault driver’s insurance. If the vehicle is owned by someone other than the driver, you have the right to file a claim against the owner’s insurance as well.

First-party (no-fault)

In states with a no-fault law, you must turn to your own insurance company for compensation, regardless of who caused the accident. In some cases, your insurance company may file a claim against the other driver to recover the money they paid out to you. This is referred to as subrogating the claim.

Determining the Coverage of the Driver

It is important to be aware of the amount and type of your insurance coverage. Not everybody who drives your vehicle is covered. The fastest way to learn who is covered under the policy is by reading the Declaration Page of your insurance contract.

The majority of insurance policies cover anybody with consent to drive your vehicle, but there are a few exceptions. For instance, if someone has many speeding tickets and other traffic violations, the insurance could list him or her as an exemption. If you allow him or her to drive your vehicle and gets in a car accident, you could be held responsible.

Also, the majority of insurance companies will deny insurance coverage if the person driving your car is involved in a serious crime. This takes in illegal drug possession, DUI, and other illegal acts.

Car accident lawyer.
Car turned upside-down after a car accident.

Now let us understand first the basics filing an car insurance claim. Here’s How to File a First-party Claim with Your Auto Insurance Company by Injury Claim Coach. Here are a few tips:

Begin with a Telephone Call

As soon as possible after the accident, call your insurance company to let them know. This begins the claims process. Make sure you get the claim number for future reference. Your claim will then be assigned to an adjuster who will call you within a few days.

Get the Police Report

Police reports are usually available within two or three days after an accident. Go to the local police station and request a copy. There might be a small fee of under $10.00. In some cities, police reports are available online.

Prepare to Speak with the Claims Adjuster

It normally takes a day or two for the adjuster to call. Use this time to prepare. By the time the adjuster calls, she’ll already have a copy of the police report and a recorded statement from the other driver. She may have even spoken with the police officers and witnesses.

When she calls, she’ll ask for your recorded statement. This is normal. Be ready to explain the facts of the accident in an organized and detailed manner.

Be prepared to give the adjuster specific information, such as which ambulance company transported you, to which hospital, and which tests were performed. Have any notes you took, diagrams of the accident, and any other pertinent information in front of you. You can never have too much information.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Essential Personal Injury Facts

Different lawyers in every state are practising personal injury law. These cases are not always easy to prove, but an experienced lawyer could be able to establish negligence if an employee didn’t use reasonable care. You need a legal specialist who practices the personal injury law to help you determine what form of compensation you will be able to anticipate for your own claim.

A car accident lawyer is just a useful resource you can have because they have the essential skills and experience that enables you to increase your settlement. For the injured driver who does not have legal representation, talking with these experienced lawyers infrequently goes well.

personal injury
X-ray scan of a back injury.

For those who’ve ever become victims of a car accident, you are well aware of how traumatic the event can be. Lastly, when considering a potential lawyer, you’d like to be certain the attorney has been successful in the past and present. Typically in an accident, claims should be filed in within thirty days from misfortune’s date to be able to get the full compensation. Normally, it is not sufficient to easily prove the defendant’s liability.

Typically in an accident, claims should be filed in within thirty days from misfortune’s date to be able to get the full compensation. Normally, it is not sufficient to easily prove the defendant’s liability.

Managing attorneys who deal with car accidents is just like herding cats. The majority of lawyers decide to remain in a single field of the law to acquire the experience and knowledge vital to delivering the full quality legal representation to the clients. It’s recommended to ensure that your attorney has the support of an excellent photographer who can authenticate your injuries in its many stages. Payments may be made via a settlement arrangement or a verdict by the trial jury.

It’s recommended to ensure that your attorney has the support of an excellent photographer who can authenticate your injuries in its many stages. Payments may be made via a settlement arrangement or a verdict by the trial jury. Also remember that a personal injury law firm does not just represent those who’ve been in a car accident.

Depending on the intent or carelessness of the responsible party, the injured party could be entitled to financial compensation or reward with that party via a settlement or perhaps a judgment. These fee arrangements are frequently combined. If as a result, you have gained weight, then note to document this change with a before and after photograph. Don’t be in a rush to settle a case. Attempt to create your claim on longstanding goals along with the reward that you are seeking.

These fee arrangements are frequently combined. If as a result, you have gained weight, then note to document this change with a before and after photograph. Don’t be in a rush to settle a case. Attempt to create your claim on longstanding goals along with the reward that you are seeking.

If you have suffered an injury due to an accident, you may be allowed to collect economic recovery from the person who is responsible. Before tackling anything else, let us first discuss “Economic Recovery,” which is defined by a Who Can I Sue article entitled What is Economic Recovery?.

Economic recovery is a wide array of damages that you may be entitled to if you suffered an injury or were harmed in an accident or a defective product. A few of the damages that you or a loved one may be entitled to under the laws of your state can include disfigurement, future medical expenses, household services, loss of consortium, loss of consortium of a child, loss of enjoyment of life, loss of society and companionship, lost earning capacity, lost wages, medical expenses, medical surveillance, mental anguish, pain and suffering, permanent disability, present cash value, general damages, and special damages.

To be more specific, Economic Recovery for Accidents and Injuries by FindLaw created a glossary that defines nearly every form of legal compensation offered to a plaintiff in a personal injury claim. Below are a few.

Disfigurement

When an accident or injury has left a person deformed or disfigured, e.g., by scars or other permanent effects on personal appearance, the injured person (the “plaintiff”) may be able to collect damages for any mental suffering that arises due to awareness of the disfigurement. These damages are sometimes included as an element of other types of damages, such as mental anguish.

Future Medical Expenses

This type of recovery is permitted if the plaintiff proves that he or she will need continued medical care as a result of the accident or injury. The proof must be sufficient for the jury to make an approximate estimate of the cost, i.e. through the medical opinion of a treating doctor.

Household Services

The cost of hiring somebody to do things around the house while the plaintiff is recuperating from an accident or injury, provided that the expense would not have been incurred had the plaintiff not been injured. These kinds of damages are sometimes included as part of medical expenses.

car accident injury
Head injury caused by car accident.

Medical Malpractice Law

Even a minor pain can disappoint your entire day, so a severe injury can easily change your whole life. The next necessary factor is the plaintiff needs to show that the medical staff’s action is a direct reason for the injury. Seemingly, if the victim is not treated because the doctor did not identify the illness, it might cause death or injury.

In the event the plaintiff’s injury is permanent, such as illnesses like paralysis or cerebral palsy, the costs could be enormous and undoubtedly will continue for a lifetime. The action that caused the injury could perhaps be accidental or intentional. The compensation sum will indeed be determined by the degree or extent of the injury.

Medical malpractice claims should be filed within a particular period. Medical malpractice lawsuits make it possible for victims to have the chance to gather financial damages and losses. Generally, a person may have a malpractice claim once a doctor or another medical staff failed to present appropriate treatment and such treatment caused the patient to undergo an injury.

A jury trial is typically chosen as the proper way of settling claims on medical negligence, with the goal to guarantee impartiality within the trial results. The trial must be held where the cause of action took place, or where the negligence occurred. All civil reasons for actions such as a breach of contract, car incident claims, or product defect claims, should be submitted within a particular period.

Financial Recovery for Injuries and Accidents by Hogan Injury also provides further definitions on the type of legal compensation you can collect if you’re injured in an accident. Below are a couple of info.

General Damages

General damages are awarded in respect to damages due to wrongful conduct given that these damages are “presumed to flow” from the accident or injury, and include pecuniary losses such as loss of future earnings.  Non-pecuniary losses, such as damages for pain and suffering incurred before and after the trial, may also be included.

Present Cash Value

Present cash value is the current value of your projected future earnings. It refers to the amount that you would have earned as returns over a period of time. The returns are generally calculated as being equivalent to the amount you would have earned had you not been injured.

If want to go more into details, you may consult with your lawyer and get expert advice.

 

If You Are Injured In an Accident, Contact Personal Injury Law Firms

If you acquired injuries from an accident through another party’s fault, you could file a civil case. To win the lawsuit and obtain a reasonable financial compensation, you should prove that the defendant was negligent. The term “negligence” is a concept broadly defined in the world of law. It means that a person or company failed to do an act in a safe manner and, thus, an individual was injured, either emotionally or physically.

Direct Negligence

When somebody is injured in a vehicular crash, they have the legal right to file a lawsuit against the owner of the vehicle that bumped them. If the car owner is insured, the defendant would be the auto insurance provider of the driver. A vehicular accident is a classic example of negligence.

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To show that they are worthy of the financial compensation they’re asking for, a plaintiff should submit evidence (medical bills and reports) that documents their injuries along with their price. They could also demand compensation for pain and suffering and lost wages, which were attributable to the collision. Personal injury lawsuits that entail direct negligence are usually much easier to prove than those that involve indirect negligence.

Indirect Negligence

Let us say a shopper at a supermarket staggers and cracks his pelvis due to a loose tile. No one was obviously directly liable for his accident. However the tile had perhaps been loose for quite a few days, or even weeks, and the shop never had it fixed. Some customers grumbled about it maybe, and they didn’t do anything. That’s indirect negligence. The injured customer could file a case against the supermarket.

How Law Firms Can Help

Regardless of which kind of negligence was taken in, it’s vital to be aware of your legal rights. A  personal injury law firm can deal with any lawsuit where foolish inaction caused an accident, from mere slips and fell cases to enormous cheap product suits. The good litigator can assist you in filing a claim that pursues compensation for lost wages, medical expenses, as well as pain and suffering.

Moreover, it is important to remember that personal injury lawsuits may be filed due to emotional pain. The plaintiff shouldn’t be necessarily hurt physically to pursue damages. If their personal satisfaction has been severely affected due to the inaction of a company or individual, they are entitled to financial compensation.

If you’ve been injured in an accident that wasn’t your fault, it’s vital that you find a good car wreck attorney soon. Your best choice is to find law firms specializing with specializing auto lawyers.

The Basics of Product Liability Law

The field that is now termed product liability law evolved over the years out of negligence. Historically, as the industrial revolution produced machines and other products that made both work and living easier, injuries related to these products increased. For much of the nineteenth century, the law was stacked heavily in favor of product manufacturers. This was due in part to the public policy favoring industrial and economic growth, but it was also related to the inability of legal principles established in the medieval non-industrial times to cope with the problems of the industrial revolution.

product

Work-related Injuries

Work-related personal injuries eventually were covered by worker’s compensation laws that spread the losses due to injuries among employers – regardless of fault. The idea was that such costs could be borne more easily by employers who would profit by their industrial activity than by workers whose injuries often cut off any form of livelihood.

The problem was not as easy when it came to consumers injured by products sold on the open market. As for immediate purchasers of products from manufacturers, the producers of the product could contractually disclaim any warranties or promises concerning product safety. Product users who did not actually purchase the product were said not to be in privity of contract with manufacturer, meaning that absent some contractual or other relationship, the manufacturer had no duty with respect to the user.

Even more problematic in many cases was the inability or injured parties to prove negligence in the manufacturing process. First, the manufacturer typically had exclusive access to the process of production. Second, the product frequently traveled through many hands – such as distributors and retailers – before reaching the user, and the conduct of any of these intervening parties could have been responsible for the injuries that resulted. This is good reason to seek the help of an experienced defective products accident lawyer if you have sustained injuries caused by defective products.

Because of the legal obligations to prove  your case,  this is good reason to seek the help of an experienced defective products accident lawyer if you have sustained injuries caused by defective products.

Negligence Must Be A Factor

Third, in many cases the conduct of the individual user was negligent also. This meant that many injuries went without remedy. The courts, being generally sympathetic to injured plaintiffs, slowly developed theories to provide redress for these product injuries, first in the form of implied warranties that existed without regard to the contractual relationship between the parties, and then in the form of strict product liability.

The theory of strict product liability is fairly simple: one who places a defective product in the stream of commerce may be held liable to a purchaser or user of such product who is injured as a result to its use. As with work-related injuries, the public policy principle is that manufacturers and distributors who profit by the sale of products are in a better position to spread the risk of loss among all consumers as the cost of doing business than are individual product purchasers and users.

While the basic concept of strict product liability is widely accepted today, there are wide variations in the law from jurisdiction to jurisdiction, and countless issues are subject to litigation as this field unfolds. For these reasons, product liability is one of the most active and dynamic areas of law practice in the country.

All about Tort Law

The field of tort law is a broad one. In fact, torts represent not one cohesive theory, but a number of distinct legal actions. The word tort derives from the old French word for “wrong,” and seems to have entered Anglo-American jurisprudence by way of the Normans who conquered England in 1066. Over the years, tort remedies evolved as civil actions to compensate injured persons. Originally there may have been a close link to the criminal law, at least as a means of punishing wrongdoers, but over the years tort remedies came to focus more on compensation than punishment.

Basic Theories of Tort Law

Today tort cases proceed on one of three basic theories: 1. International torts, where the defendant intended conduct that injured the plaintiff; 2. Negligence, where the defendant breached a duty to act with reasonable care and caused the plaintiff’s injury; and 3. Strict liability, where the defendant, for policy reasons, in held responsible for the plaintiff’s injuries regardless of fault. Although there are many kinds of torts, from personal injury to business torts, liability always rests on one of these theories.

This section describes a little bit about tort practice. Tort law is a widespread practice area because people can be injured anywhere. Tort lawyers may represent injured plaintiffs, defendants charged with liability, or insurance companies. Because many defendants are corporations such as manufacturers or distributors of products, or insurance companies protecting individuals against specified risks, defense practice is concentrated in larger law firms and in-house legal departments. Plaintiffs tend to be represented by individual practitioners or small firms specializing in tort law.

Tort Law

Personal Injury and Tort Problems

Because personal injuries and other tort problems are so pervasive, almost every lawyer in private practice will encounter some work in this field. The practice is litigation-intensive, however, so many generalists prefer to refer tort cases to those specialized in trying them. The unique contingency fee structure in the sort area gives plaintiff’s lawyers a percentage (typically one-third) of the recovery if they win or settle and nothing if they lose.

The arrangement can be very lucrative or unprofitable depending on the success of a lawyer’s practice. Typically, tort lawyers represent either plaintiffs or defendants, but the separation of plaintiff and defense practice is not as rigid as it is in some areas of law such as labor.