Slip & fall

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HAVE YOU BEEN INJURED IN A SLIP OR TRIP AND FALL?

People often don’t fall because they are clumsy or lack attention. They fall because a negligent property owner didn’t fix a faulty step or railing, a rotten or slippery floor, a flipping carpet, and so on. While the term slip or trip and fall do not sound all that alarming, they often have grave pain, suffering and life altering consequences. Slip or Trip and Falls account for a large number of Personal Injury Claims. Every year, about 1 million people are admitted in our Emergency Rooms for fall-related injuries. Clearly seniors are more amenable to slipping or tripping and falling, and often their injuries are much more painful and severe. Slip and fall or trip and fall is the name of a personal injury tort. It is basically a claim against property owners and/or occupiers, who negligently or intentionally allowed some dangerous condition on their property to cause the fall and consequent injuries. However, most ferocious defenses come from the Insurance Corporations who must pay for injuries of an unsuspecting person, who got injured while on an unsafe property. This is why, after any serious Slip or Trip and Fall you should click or call Chosen Premises Liability Lawyers. These Superb Trial lawyers know how to make sure; the insurance companies and their slick power-lawyers do not add insult to your injuries.

Remember, When it comes to Legal Matters, Time Matters!

What are the leading causes of Slips, Trips and Falls?

The causes for falls are numerous. Here are some of the most obvious ones:

  • Poor Lighting
  • Cluttered Walkways
  • Flipping Stepladders
  • Uneven Surfaces
  • Wet or frozen surfaces
  • Waxed or mopped floors
  • Cracks and Potholes
  • Loose Floor, carpet or mats
WHAT ARE THE TYPES OF INJURIES IN SLIP AND FALLS?

Slip or Trip and Falls can cause a variety of painful and life-altering injuries, such as:

  • Sprains
  • Lacerations
  • Strains
  • Fractured and Broken Bones
  • Traumatic Brain Injuries
  • Back and Spinal Cords Injuries
  • Death
HOW TO WIN A SLIP, TRIP AND FALL?

In order to win a Trip, Slip and Fall case, the plaintiff’s Chosen Lawyer must prove at least one of the following facts:

a) Either the property owner/occupier or employee should have known of the dangerous condition because a “reasonable” person in their shoe would have known and rectified the danger; or

b) The property owner or employee actually knew about the dangerous condition but failed to remedy it; or

c) The property owners or employees caused the dangerous condition, such as spilling oil, dropping a banana peel, and so on.

WHAT KINDS OF DAMAGES CAN A VICTIM OF SLIP AND FALL OBTAIN?

A victim of a Slip or Trip and Fall injury, much like any other type of accidental injuries victims, may be entitled to a number of recoveries, such as:

DISFIGUREMENT

If the plaintiff sustains scars or other permanent disfigurements, he or she could collect damages for such disfigurement.

PAST, PRESENT AND FUTURE MEDICAL EXPENSES

This type of recovery is permitted if the plaintiff can prove with relative certainty that he or she has already sought treatments; or still receives treatments or will need future medical care as a result of the slip-and-fall injury.

HOUSEHOLD SERVICES

The cost of hiring somebody to do things around the home while the plaintiff is recuperating from the slip-and-fall injury may also be recoverable. These kinds of damages are sometimes included as part of medical expenses.

LOSS OF CONSORTIUM

A Slip-and-Fall plaintiff may recover for loss of consortium, which include: affection, solace, comfort, companionship, society, help and assistance, lack of spousal conjugal relations, and so on. Generally, the uninjured spouse can also make certain claims. A value is placed on this loss by considering the couple’s individual life expectancies, whether the marriage was stable, how much care and companionship was bestowed upon the uninjured spouse (or vice versa), and the extent to which the benefits of married life have been lost.

LOSS OF ENJOYMENT OF LIFE

A diminished ability to enjoy the day-to-day pleasures of life, “loss of enjoyment” is usually an item of general damages, meaning there is no precise way to place a monetary value on it. Some states treat it as a form of pain and suffering, others treat it as a distinct kind of damage in an accident or injury case.

LOST FUTURE EARNING CAPACITY

A Slip and Fall injury victim could be entitled to recover for any impairment or diminishment in his or her ability to earn money in the future. Such awards are generally based on facts such as the plaintiff’s age, health, life expectancy, occupation, talents, skill, experience, training, and so on. Although past earnings are considered in determining the appropriate amount of compensation for lost earning capacity, the claim also focuses on what might have been earned were it not for the accident or injury.

LOST WAGES

These damages represent the amount of money a plaintiff would have earned — from the time of the injury to the date of settlement or judgment. Even an unemployed person may be permitted to recover lost wages if he or she can prove what could have been earned during the same period.

EMOTIONAL DISTRESS

A plaintiff may be able to recover from any mental anguishes associated with a Slip and-Fall injury, including fear, terror, apprehension, anxiety, humiliation, feeling of lost dignity, embarrassment, and shock.

PAIN AND SUFFERING

A plaintiff in a Slip and Fall injury case may be able to recover for past, present and future physical pain in connection with an accident. To place a monetary value on pain and suffering, the jury considers the nature of the injury, the severity, and how long the plaintiff is likely to be in pain.

PERMANENT DISABILITY

Should a Plaintiff in a Slip and Fall injury case can show that she or he has become permanently disabled due to the underlying accident, he or she may be entitled to recovery. In fact, some courts have held that permanent disability damages can include not only disabilities that are objectively proven, but also disabilities that the plaintiff subjectively perceives. If you or someone you know has been injured in a Slip-and-Fall incident, please click or call your Capable, Credible and Compassionate Chosen Premises Liability Lawyer, now. Because when it comes to dealing with Legal Matters, Time Matters!

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