Accident Info » Accident Law

What to do When You’ve been Involved in a Slip and Fall Accident

Jen — Wed, 05 Aug 2009 20:48:44 +0000

Falling is a normal part of living in a world with gravity and accounts for millions of injuries every year. When a person is injured in a slip or trip and fall accident on someone else’s property, he or she may be entitled to seek damages. Common damages that injured slip and fall victims may seek to recover include:

Medical bills
Rehabilitation expenses
Prescription drug costs
Time missed from work
Affect on ability to earn an income
Pain and suffering

Only an experienced attorney can tell you exactly what damages you are eligible to seek compensation for after thoroughly evaluating your case. A thorough evaluation includes an investigation of the accident scene, collection of evidence, tracking down witnesses and securing expert testimony as to the dangerous conditions present at the accident scene.

Keep in mind that just because you fall on someone else’s property does not mean that you can automatically seek to recover damages for your injury; you must be able to prove that a property owner was aware of a hazardous surface condition, had time to address the problem and did not take the appropriate action to correct the problem or properly warn people of the hazardous area. This is not always easy to prove; hiring an experienced attorney can greatly increase your chances of receiving the money you need to recover from a slip and fall accident.

If you or a loved one has been involved in a slip or trip and fall accident, it’s important to take proactive measures to ensure your chances of a successful case. Below are some actions you may want to take after being involved in a slip and fall accident:

Seek Medical Attention

It is a good idea to see a medical doctor soon after a slip and fall accident so that you can be made aware of the extent of your injuries and get the care you need. A doctor can not only diagnose and treat your injury, but make you aware of how your injury may affect your life.

Take Pictures

It is important to take pictures of the accident scene as soon as possible after the accident. Pictures should be taken from a variety of angles and distances to properly document the accident scene. Failure to take pictures promptly after the accident can make it difficult to prove that hazardous conditions ever existed as property owners can clean up or fix the problem before you get a chance to document the problem.

Get Witness Contact Information

If anyone witnessed your slip and fall accident, it is important to write down their name, address and phone number so that you can contact them in the future if such testimony is necessary for proving a property owner’s fault.

Report the Accident

If your accident occurred at a retail store or place of business, be sure to alert the manager of your accident before you leave the store. It is important to have documentation of your accident immediately after it happens.

If you or a loved one has been involved in a slip or trip and fall accident, be sure to contact an experienced slip and fall attorney for the advice and legal representation you need to pursue a successful case against a negligent property owner.

Understanding Statutes of Limitations

admin — Tue, 21 Jul 2009 20:23:08 +0000

We live in a world of deadlines. We need to pay our bills, submit offers and complete work by certain dates or we forfeit our right to receive the benefit of accomplishing these tasks on time. Sometimes a late response can cost us additional money and sometimes a late response can cost us an opportunity. While deadlines tend to cause stress in our day-to-day lives, without deadlines we would see very little closure in our lives. Regardless of whether a deadline is met or missed, deadlines provide us with an opportunity to move on in life. The same is true when you are involved in an accident.

When you are involved in an accident and want to pursue an accident claim, time is of the essence. Just like many other areas in our lives, there are deadlines you must meet to file an accident claim. The maximum amount of time you have to file a claim is known as a statute of limitations. Statutes of limitation vary for different lawsuits and in different states. An accident lawyer will be able to advise you and help you file your claim in a timely manner.

Failing to file a claim within the time period allotted for your lawsuit may terminate your right to recover damages if someone else is liable for your accident or injuries. Therefore, if you are pursuing an accident claim, it is important to seek the advice of an experienced accident lawyer soon after your accident so you can file your claim before the statute of limitations runs out.

Statutes of limitations usually begin immediately after the incident occurs; however, in some instances, the statute of limitations does not begin until the plaintiff knows or should have known about the negligence or fault of another party. In instances where a person has a delay in discovering the harm or negligence, statutes of limitations can be tolled, or extended.

Statutes of limitations are also tolled for minors. If a minor experiences an incident that causes them injury or harm, the minor will have a chance to pursue legal action when they turn 18.

If you experienced an accident that caused you personal injury or significant damages, always seek the legal advice of an accident lawyer immediately so you do not risk losing your right to fair compensation due to the passing of time.

Understanding Comparative (Fault) Negligence Liability

admin — Tue, 21 Jul 2009 20:11:50 +0000

When you are involved in an accident, whether it be a car accident, boating accident, motorcycle accident or personal injury accident (to name a few), there is not always a clear party who is solely responsible for causing the accident. While one person may have been the primary contributor to the cause of an accident, the accident may have been prevented if the other person had not been otherwise distracted or negligent as well.

When both parties share responsibility for an accident, an accident lawyer may be able to use comparative negligence liability to reduce the amount of money a defendant is responsible for. Comparative negligence reduces the amount of damages a plaintiff can recover due to their own negligence in contributing to the accident that caused their damages.

For example, if a person runs a red light, hits your car while you are driving through the intersection with the right of way, and you receive extensive injuries due to not wearing your seatbelt, you are partially at fault for your injuries since you were not wearing a safety restraint. In this instance, if your case went to court, a jury would decide how much responsibility you bear for your injuries. Responsibility is measured by percentage and a jury may tell you that you are 30 percent responsible for your damages and the person who ran the red light is 70 percent responsible. In this case, the defendant would only be responsible for paying 70 percent of your damages due to the accident and you would be responsible for the remaining 30 percent on your own.

Standards for determining comparative negligence liability vary from state to state. In some states, the plaintiff may not receive any recovery for damages if they are found to be more than 50 percent at fault for the accident. In other states, the plaintiff may recover a percentage of their damages no matter what percentage of the responsibility they share. And in still other states, contributory negligence reigns. That means you can recover no damages if you are responsible to any degree. An experienced accident lawyer can help you understand what to do if you are partially responsible for your damages.

When comparative negligence is a possibility in your car accident claim, it is imperative that you seek the assistance of an experienced accident lawyer. An accident lawyer with expertise handling cases with comparative negligence will be familiar with state laws that may help you recover the most money you are entitled to for recovery of your damages.