Slip and fall accidents can occur anywhere and anytime, leaving the victim with life-threatening injuries. They usually occur in stores, malls, or places of business where the owners have failed to uphold certain standards, which endanger people's lives. The injury sustained from the trip and fall accident can take a toll on the victim's finances, especially if they don’t have the means of paying for the medical expenses.
A simple fall to the ground can make one susceptible to broken hips, defective spinal cord, traumatic head injuries, and in extreme cases, death. It’s, therefore, imperative to have a personal injury lawyer who helps clients know what their legal options are; when owners of a particular property are negligent about hazardous conditions in their building. They must be held accountable.
Victims of such circumstances should get help from personal injury lawyers to seek compensation. They may schedule a free consultation with Hilliard personal injury lawyers from Keating Firm LTD today to learn more about their personal injury case and the next steps to take.
What Is "Slip and Fall"?
This is a phrase used in personal injury law to describe a situation where one slips or trips and then falls, leading to severe injury. The injured victim is always on third-party property. These personal injury cases are categorized under premises liability in personal injury law.
Trip and fall accidents usually occur on someone else’s property or premises. Therefore, the property owner has an obligation of keeping the property safe for him and other users. Failure to do this is termed as negligence on their part.
Types of Slip and Fall Injuries
There are various types of slip and fall injuries, and it is important to get each type right before talking to a personal injury lawyer. Premises liability acts based on facts; hence, it's vital to know these types of injuries. They comprise:
Slip and Fall
The accident occurs due to slippery liquid or wetness, such as slipping on a soda puddle that wasn’t cleaned up at a convenience store.
Trip and Fall
As the name suggests, a person trips and falls due to an object on their pathway or uneven surface. It mostly happens when an object is left unattended, like a case of orange juice left on the pathway. It can also be due to uneven surfaces like an abnormally raised door jamb.
Step and Fall
It rarely happens but can occur, which is evident by its rare use in a fall injury. The accident happens when there’s a hole or a low spot on pathways that cause someone to fall.
Common injuries from slip and fall accidents include;
Bruises, scrapes, and cuts
Sprain fractures
Dislocating a shoulder
Hip fractures
Head and brain injury
Back and spinal injury
Knee injuries
Neck injuries
Common Causes of Slip and Fall Accidents
The common cause of such falls includes:
Electrical wiring on floors
Debris on floors
Inadequate lighting
Uneven staircases
Wet floors
Uneven floorings
Lack of handrails
Holes on floors
Worn carpets
Spilt food or drink
Who Is Liable for a Slip and Fall Accident?
The obvious answer is the property owner where the fall happened. However, other people may be responsible for the fall and need to be held accountable. In this case, people who are responsible for the upkeep and maintenance of the property. Moreover, not all slip and fall accidents result from negligence. The victim is always responsible for their safety and wellbeing.
The only way to determine if the personal injury case was due to premises liability is to seek free consultation from a personal injury lawyer from a reputable law firm. Overall, the lawyer will review the personal injury case and is better placed to know if there was negligence.
An investigation commences after the free consultation and retaining the personal injury attorneys for personal injury cases. During the investigation, the Columbus slip and fall lawyer will look at different aspects of the personal injury case, plus a variety of liabilities.
Creating Personal Injury Claim with a Personal Injury Lawyer
No one plans for a personal injury, but there are certain things one can do if they’re sure the accident happened due to negligence. Even if they don’t feel pain right away, it’s important to take the following steps after the ordeal.
Taking Pictures
The personal injury victim must take pictures of the circumstances, especially the area where the accident occurred, plus any spills or objects that might have contributed to the fall. People may let a friend or loved one take these pictures when they're too hurt.
Gathering Information from Witnesses
If other people saw the fall, they can act as witnesses of the case if the personal injury victim needs them to recount the incident. Therefore, it’s wise to take their contact information and name. Having a testimonial will go a long way in increasing the chances of winning the case.
Obtaining a Copy of the Accident Report
Any operating business will record every accident that happens on their premises. After it is filled out, the personal injury victim must ensure they get a copy of it.
The victim should know the information on the report. Moreover, the process of getting the records doesn’t involve signing anything. In fact, the personal injury victim should not. All that is needed here is to answer basic questions regarding the incident.
Seeking Medical Services
Seeking medical attention after a slip and fall accident is important. The more the time lapses between the incident and the examination from a doctor, the more difficult for the personal injury victim is to prove that the injuries they have are a result of the slip and fall.
Contact Personal Injury Trial Lawyers Today
Getting some form of compensation is not as straightforward as it can be. Having a law firm with a team of experienced personal injury attorneys can advise the victim in a free consultation process and undertake legal representation.
The experienced personal injury attorney from a known law firm will sit down with the insurance company on behalf of the personal injury victim, as many insurance companies are out to make profits and spend as little as possible.
Here, the personal injury lawyer will also gather evidence using investigators and compile it for the case; they also look at similar cases as the victim’s to check if the personal injury case is worth going to court.
Victims must ensure the hired personal injury lawyer has all information, from photos and medical records to a copy of the fall report.
Proving a Personal Injury Claim with a Personal Injury Attorney
An outstanding lawyer from the right law firm will have to prove that the injuries were directly related to the fall. The fall lawyers must prove three things in a court of law. They include:
Duty of Care
The personal injury lawyer must show the court that the duty of care is owed. When business premises open, they are inviting potential customers to their place of business, and hence, must make it a conducive environment for them.
Reasonable Care
Additionally, the personal injury lawyer has to show that the store where the victim fell failed to exercise reasonable care in maintaining their property. The court, in turn, will conclude what’s reasonable care based on the evidence presented.
Prove Cause
Here, the personal injury attorney's last component to show the court is proof of the cause. The fall lawyers will outline that the victim fell and got injured because the property owner failed to exercise reasonable care.
What Compensation Can a Personal Injury Victim Acquire?
During the negotiations, the personal injury attorney will help clients get various compensations, including;
Medical expenses
Lost wages
Permanent disability
Emotional Distress
Other costs directly caused by the injury
Comparative Negligence
This is a legal phrase outlining whether the injured party was fully or partially at fault for the slip and fall accident. Different states follow different rules when there’s evidence that the claimant is partially or fully at fault.
In Hilliard, OH, the court will follow a shared negligence model called the modified comparative fault. The claimant can seek compensation as long as they are 51% less at fault. In other words, the claimant brings a lawsuit to court if they were not at fault more than the defendant.
Regarding situations of shared fault, the compensation will be reduced to the percentage of their liability; if the injured victim was partially at fault for the accident by 32%, for example, their compensation will be reduced by 32%.
A law firm with reputable fall lawyers will ensure they explain such circumstances during a free consultation before filing a lawsuit. This ensures the victim understands the term 'comparative negligence' and how it impacts the case.
Other Hilliard Practice Areas
Contact a Reputed Law Firm with Personal Injury Lawyers
The Keating Firm LTD has a team of fall lawyers who can help clients seeking compensation for personal injury and criminal defense accidents. An experienced personal injury attorney with a proven track record is what any injured victim will need to win a case successfully. The fall lawyers will do anything to ensure their clients are reimbursed for their injuries. Keating Firm LTD has helped many slip and fall clients get justice. People may call this firm today at 866-836-4878 for a free consultation.
Commentaires