Often, the key liability questions in slip and fall cases are: 1) Who are the potentially liable parties? And 2) Were those parties actually negligent, i.e. by causing or failing to prevent the slip and fall accident? From the perspective of the injured person, in a slip and fall insurance claim or lawsuit, another critical element is anticipating and defending against a claim that the injured person's own carelessness somehow caused or contributed to the accident.
In larger personal injury cases (and sometimes in smaller cases), the lawyers and their clients will usually attend mediation. Most courts nowadays require the parties to attend mediation to try to get the case settled. Mediation can be done with either a private mediator or a judge who is not assigned to that case. The mediator meets with all sides in the beginning, and then meets separately with the plaintiff and the defendant to see if he/she can get the parties’ numbers closer together. Mediation can go on for hours or even days. Mediation does not always work, but it has a very good track record in getting cases settled.
After the lawsuit has been filed, the parties have an opportunity to get information from each other about the case. This can be in the form of written questions, sworn testimony in front of a court reporter, and requests for documents and things. For example, a plaintiff who was injured tripping on a step may want to find out if other people had tripped on the same step before the accident. This information would be used to show that the owner knew the step was dangerous and should have foreseen that someone might be injured in a fall (a necessary element to prove negligence on the part of the owner). On the other hand, the owner might want to find out if the plaintiff had been injured before to argue that the injury claimed was not caused by the fall on the steps.
While an individual driver is often legally liable for a crash, many other parties can be at fault. Consider a construction company that fails to put up the proper “detour” signs for road work. Someone might unwittingly drive their car into dangerous conditions. Or imagine a state highway full of deep potholes. Someone might lose control of their truck and slam into a telephone pole or another vehicle. And what if a car manufacturer fails to properly install the brakes on your car? When you are unable to stop, the resulting crash could be blamed on the factory owners who did not thoroughly test their products. In any case, a skilled lawyer can help determine the responsible person or organization and fight to get you the compensation you deserve.
Personal injury lawyers often have investigative staff at their disposal that can help with your personal injury claim. They can help recreate the accident and use the information at trial, or in negotiations with the carrier to get you the best possible settlement or verdict. Private investigators are just as important as the personal injury attorneys as they arm the personal injury lawyer with the information necessary to pursue your claim.
Document Everything. It's important to collect the names, addresses, phone numbers and email addresses for all potential witnesses. Their statements could help prove your claim if you decide to pursue a legal claim. Also, remember to take pictures of the EXACT location where you fell and make sure to photograph any stairs, icy patches, or other conditions that contributed to your accident. Jot down what you were doing right before the accident, the way you fell, and any other details, including the exact time and date. Also: Place the shoes and clothing you were wearing during the accident in a safe storage place. They may be relevant pieces of evidence later.
Emotional Distress This type of compensation is related to an injured person’s mental and emotional state following an accident. After all, severe injury isn’t exclusive to a person’s exterior. Depending on the nature of the accident, a personal injury victim could suffer anything from anxiety and depression to severe mental trauma, such as post-traumatic stress disorder. Acquiring damages from emotional distress typically requires you to have comprehensive and accurate records from your therapist, psychologist, or psychiatrist, as well as a diagnosis of a specific psychiatric condition.
While there are sometimes a few lucky people who walk away from a car accident without injury, it’s not common. For those who aren’t so lucky, quality medical care is important. Because of the high impact nature of many car accidents, there are a wide range of injuries that you may experience during a collision, and only some of the injuries are immediately obvious. Unfortunately, other types of injuries can take days or weeks to manifest. Some of the most common injuries people experience as the result of a car accident that may not be obvious include:
We thoroughly research the nature of your injuries and team with you and your doctor's to get you back to a state of vibrant health. We communicate with you every step of the way. We encourage you to try different practices to reduce stress in your life. Stress and pain are inextricably related and over the years we've found many things that can help relieve stress. We'll encourage you to try them as we go forward with you on your road to recovery.
Arizona awards compensation for personal injury and property damage cases based on the rule of “comparative negligence.” Under comparative negligence, a jury will determine the level of fault both parties played in causing the accident. If you have filed a claim for $1,000 and it has been determined that you were 20 percent responsible for causing the accident, you would be awarded $800.
Unless it is a rare case involving intentional conduct by the defendant, a slip and fall case will require the plaintiff to prove negligence. Negligence means that the defendant failed to act in a reasonable manner under the circumstances. For example, it is reasonable to expect a store clerk will place warning signs in recently mopped areas. If this is not done, and a customer slips on the wet floor and gets hurt, the store may be liable for negligence.
In the United States, individuals involved in motor vehicle collisions may be held financially liable for the consequences of a collision, including property damage, and injuries to passengers and drivers. Where another driver's vehicle is damaged as the result of an accident, some states allow the owner of the vehicle to recover both the cost of repair for the diminished value of the vehicle from the at-fault driver. Because the financial liability that results from causing an accident is so high, most U.S. states require drivers to carry liability insurance to cover these potential costs. In the event of serious injuries or fatalities, it is possible for injured persons to seek compensation in excess of the at-fault driver's insurance coverage.
If you have sustained a slip and fall injury, you will improve your chances of a positive outcome by working with an experienced Denver slip and fall attorney. It is important to have an attorney who has handled numerous similar claims to get to work investigating your slip and fall accident as soon as possible. You need an attorney with trial experience, who knows what to expect in the courtroom.
Birth Injuries Birth injuries are particularly devastating for your family. A negligent mistake by an obstetrician or other medical professional can result in physical injuries to a newborn, and it can also lead to lasting conditions, such as cerebral palsy, paralysis, and brain damage. This can be traumatic to the children and the parents, as well as a major financial strain on the family.
That is why you want to have your own team of experts in your corner when dealing with these companies. Insurance companies, whether it is your own carrier, or that of the other driver, are going to protect their own interests first. They may try to nickel and dime you wherever possible and save the company money, to your own detriment. That is why it is optimal to have your personal injury attorney to represent you in these negotiations. You never want to do anything on your own other than report the fact that you had an accident.
"When everyone else was calling my fight a lost cause, this office jumped in and fought for me like a champion. Both knowledgeable and compassionate, they negotiated intensely on my behalf. I was able to receive the best available care for my injuries, and will now be able to recover from my financial losses as well. This is definitely the team you want on your side." Amanda R.
For example, critics of medical malpractice lawyers argue that lawsuits increase the cost of healthcare, and that lawsuits may inspire doctors to leave medical practice or create doctor shortages. These concerns have not been well substantiated. A publication by the Robert Wood Johnson Foundation found little evidence that traditional tort reforms affect medical liability costs or defensive medicine. A study conducted on a bi-partisan basis in Texas has found that tort reform, once enacted had no impact on reducing the cost of medical care, tending to throw doubt on claims made by tort reform advocates.