The Accident Lawyers Network Blog
Accident Lawyers Network
Thursday, March 16, 2017
Slip and Fall Accident Claims Lawyers
Slip and fall accidents are the most common type of personal injury cases. In fact, they are even more common than auto accident cases. A slip and fall accident can cause serious harm, and it may even be fatal. The elderly and small children are most often injured in slip and fall accidents. In almost all slip and fall cases, the injury may have been prevented if the hazardous conditions were not present.
In a slip and fall case, the owner of the property where the slip and fall incident
took place is usually deemed to be responsible. If the owner invites guests to his home or business establishment, he has a duty to provide a safe venue to the guests. If the premises had dangerous conditions and those conditions caused the guest to fall and become injured, the property owner usually will be held legally responsible.
Causes of Slip and Fall Accidents
Slip and fall accidents may be caused as a result of dangerous conditions, such as slippery or wet floors, uneven floor surface, raised or cracked pathways, a change in elevation like a small step, broken railings, uneven stair treads, inadequate lighting, unsecured carpets or rugs, a change in the floor surface, cords or wiring stretched across the walking path, too narrow stair treads among other things. These dangerous conditions can occur at a private home, a shopping center, a restaurant, an apartment or at a public place such as a park or sidewalk.
Who is held responsible for a Slip and Fall?
Determining responsibility in a slip and fall is the first step. The slip and fall could have occurred as a result of dangerous or hazardous conditions. Dangerous conditions often are caused due to the negligence of the property owner who was in charge of maintaining the property. Even when the property owner did not create the dangerous condition, he may be liable if he knew or should have known about the condition and failed to fix it or warn his guests about it. However, in order to hold the property owner responsible for the slip and fall injury, a number of things have to be established:
- First, you have to determine if the property owner had an obligation towards the injured person. If the owner is inviting guests to his property, he has a duty to fix any hazards that exist. The owner also has a responsibility to warn the guests of any dangerous conditions on the property. The thing to note in these cases is that the property owners don't have an obligation to actually inspect the property for any dangers. They only need to take care of any risks which they know (or should have known) about.
- The second thing to determine is whether or not the obligation was breached. Property owners are required to maintain their property in a reasonably safe way. If they fail to do so and an invited guest is injured as a result, the property owner can he held liable.
- The last thing to determine is the extent of the injuries suffered in the slip and fall accident. Victims and their family members can file a lawsuit to obtain compensation for medical bills, lost wages, pain and suffering, emotional distress, as well as wrongful death damages. An experienced slip and fall accident claims attorney can help determine the extent of the losses in slip and fall injury cases.
Get help from a Slip and Fall accident lawyer
Anyone who has been hurt in a slip and fall accident can attempt to get the compensation they deserve by contacting an attorney and filing a lawsuit. Alternatively, the injured party can negotiate a settlement with the property owner or other responsible party. In either case, it is advised to contact a slip and fall accident lawyer in order to maximize your recovery.
posted by Admin at 12:36 PM
Wednesday, March 15, 2017
When To Hire An Auto Accident Lawyer?
When a person is involved in an auto accident, not only could he be seriously injured, he may also suffer financial harm. Those suffering minor damage and minor injuries may try to handle the personal injury case on their own. They may decide to file a personal injury claim against the insurance company without the help of an attorney. They think that this can save them money in legal fees as well as the hassle of dealing with a lawyer.
Handling your own claim can be helpful if you understand how the claims process works. However, if you have suffered serious injuries, you will have to negotiate and fight with the insurance company’s team of lawyers and claims adjusters.
Getting help from a personal injury attorney who understands how auto accident cases are handled makes sense when there are significant injuries as the attorney will be aware of how personal injury laws
and rules work. The attorney will also know how to effectively negotiate and litigate your claim against the insurance company to maximize your recovery.
Hiring a car accident lawyer.
- Hiring an auto accident attorney is advised in the following scenarios:
- When you have suffered severe injuries in the auto accident
- When you are facing expensive medical bills
- When you have experienced a significant loss of wages due to the injuries
- When the injury is long-term or permanent
The severity of the claim is measured by the type of injury sustained, the length of time it takes for the injured to recover, and the cost of medical bills. You are also entitled to recover damages for lost wages, as well as an estimate of the cost of expected future medical expenses.
When the victim suffers long-term or permanent disability, which may affect his ability to stay employed, he can file a personal injury lawsuit to recover damages for lost wages. Getting compensation for long-term and permanent disability is complicated and requires the help of an experienced personal injury lawyer with access to experts who can project your lifetime losses.
Insurance companies may deny or delay settling the claim by arguing that the victim was fully or partially at fault. Your attorney is more likely to be able to demonstrate that you were not at fault and that even if you were partially at fault, the insurance company should still pay your claim. The fact that you have an attorney also strengthens your case by implicitly telling the insurance company that you are prepared to go to trial if it doesn’t agree to a fair settlement.
An experienced personal injury attorney will be aware of the statute of limitations in your state and will make sure that the claim process starts as soon as possible.
Check into your attorney’s level of experience. Not all personal injury lawyers
have successfully handled complex auto accident cases. Look for prior case results and ask the lawyer to describe a similar case he has handled. Read testimonials and reviews from past clients of the lawyer so you can be confident that he will treat you with respect and will aggressively prosecute your claim.
posted by Admin at 12:45 PM
Tuesday, March 14, 2017
How Can A Wrongful Death Lawyer Be Of Assistance?
When a person dies as a result of the negligence, carelessness, or inaction of another person, the family members of the victim can file a wrongful death lawsuit
against the responsible party. Holding the person or party responsible for the negligence will not bring the loved one back, but it can provide some solace and relief to the family members.
What are the common causes of wrongful death?
Any number of things can cause a fatality and if they involve negligence, it can result in a wrongful death claim. Examples include an auto accident, medical malpractice
, a defective products, as well as accidents at construction sites. When a person or party acts irresponsibly towards another person, with complete disregard of the safety or welfare of the other person and that action results in an injury or death, the actor can be liable in a wrongful death claim.
Let's have a look at the causes of wrongful death in detail:
Motor vehicle accidents -
Every year, more than 42,000 fatalities are reported in the United States in traffic accidents. Motorists are required to operate their motor vehicles with caution while on the road, being mindful of pedestrians, cyclists, and other vehicles on the road. However, when someone dies in an auto accident due to the negligence of another driver, a wrongful death claim can be filed against the at-fault party.
Medical malpractice cases -
When a health care provider or medical practitioner fails to perform his or her duties in a responsible manner, resulting in the injury or death of a patient, the medical provider can be held accountable. A significant number of wrongful deaths are caused by medical malpractice in the United States every year. Usually, these cases are brought by family members who claim that the defendant caused death or permanent injury to their loved one.
Product liability cases -
Product liability law provides that manufacturers, distributors and product designers have an obligation to ensure that the products they are producing and selling are safe for the end user. Sadly, some product manufacturers and designers fail to carry out rigorous testing to determine whether the product is actually safe to use by the public. If the product has a manufacturing defect, a design defect or even a packaging defect, and that defect results in the death of a user, the manufacturer or designer may be held responsible.
Workplace accidents –
Employers have a legal obligation to provide a safe work environment to their employees by meeting OSHA (Occupational Safety and Health Administration) standards. A dangerous work environment at factories, manufacturing plants, or construction sites poses a serious risk to workers. Some examples of workplace accidents include burns, explosions, equipment accidents, ladder and scaffolding accidents, as well as hearing loss over time. These accidents cause a number of deaths every year. If an employee is killed at the workplace as a result of his employer's negligence, or if the employer failed to address the issue of employee safety, then the employer may be held responsible.
Most states require employers to provide workers’ compensation coverage. In most cases involving on-the-job injuries and death, the claimant will receive workers’ compensation benefits. Even when the employer has workers’ compensation, however, in some cases, family members may be able to file a third party wrongful death claim in some very narrow circumstances.
Get help from a Wrongful Death Attorney
In all these cases, it is advised to seek help from a wrongful death attorney. The attorney will be well-versed with the personal injury laws
in your state and will also understand the statue of limitations for filing a wrongful death claim. By filing a wrongful death lawsuit, the negligent party may not be charged with a crime, but may be required to compensate the remaining family members for their loss. Discuss your case with an experienced wrongful death attorney to obtain a fair and just settlement.
posted by Admin at 12:44 PM
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