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
Wednesday, January 29, 2014
Yes, Texting Drivers Are a Real Threat
The National Highway Traffic Safety Administration has found
that distraction is a factor in nearly all car accidents in the
United States. Topping the list of distractions is texting and other cellphone
use, prompting many states to ban the practice outright. However, a recent
study published by the American Economic Association has found bans on texting
are ineffective in the long run.
Perhaps texting bans are ineffective because, as the authors
of the study suggest, police simply don’t enforce the law. However, it is sheer
ignorance to believe that a lack of enforcement means there is no risk
associated with texting while driving.
Danger to Self and
Others
If data and crash statistics are not effective at convincing
people texting while driving is dangerous, perhaps anecdotal evidence will be.
Take, for example, the case of a 23-year-old man whose erratic driving was
caught by the dashboard cam mounted on a police officer’s cruiser. The man can
be seen swerving into the left lane before his vehicle hits a pole and rolls
over. He was not intoxicated. He was not experiencing a medical event. He was
texting.
There are hundreds of events like this occurring every week,
though not everyone is able to walk away like this young man. If you or a loved
one is injured by a texting driver, you need an aggressive car accident lawyer
on your side to take your case and fight for your rights, helping ensure you
are awarded every penny you are due.
posted by Neil at 6:33 AM
Friday, September 27, 2013
Amusement Park Lawsuit Filed in Death of Texas Woman
A lawsuit has been filed by the family of Rosa Esparza, the
woman who fell to her death from a rollercoaster at a Texas Six Flags in July
of 2013. The lawsuits claims that Esparza’s wrongful death was the result of amusement
park negligence and notes things including the ride lacking lap-belts and
shoulder harnesses, relying on a single safety-bar to retain passengers.
What’s more, inspections of the ride following Esparza’s
death found issues with the ride’s security system, which prevented the safety
bar in Esparza’s cart from properly latching. The lawsuit alleges that, had
this issue been addressed, Rosa Esparza would still be here today.
Amusement Park Injury
Every year, thousands of people sustain serious i njury due to amusement park negligence. If you or a loved
one has suffered due to the action or inaction of the managers, staff, or
security officers at an amusement park, you may be entitled to take legal
action and seek significant compensation for your damages. Talking to an
experienced amusement park accident attorney is the best way to understand your
rights and determine if you have cause to file suit.
If you have been injured or a loved one has been killed in
an amusement park, please contact the Accident Lawyers
Network today to find an experienced and dedicated personal injury
lawyer in your area.
posted by Neil at 7:54 AM
Friday, August 30, 2013
Car and Truck Accident Leaves Five Dead in Texas
On August 12 th, a Ford Taurus collided with a
semi-truck just outside of Amarillo, Texas. Five of the six occupants of the
Taurus died in this truck accident. The
trucker and a sixth passenger sustained nonfatal, but serious injuries.
Truck accidents are much more likely to result in fatalities
than any other type of auto accidents. In fact, well over 90 percent of truck
accidents result in at least one fatality and nearly all truck accidents result
in serious injury.
This recent truck accident in Amarillo turned fatal when the
trailer came loose and fell on top of the Taurus, collapsing the roof and
crushing the people inside. These fatalities may have been a result of faulty
equipment, poor maintenance, and a number of other factors, all of which will
need to be uncovered by an experienced truck accident attorney.
Truck accident attorneys investigate
accidents to identify all causes and use this information to build solid cases
and help victims get maximum compensation.
posted by Neil at 7:34 AM
Wednesday, July 24, 2013
Woman Falls to Death on Texas Rollercoaster
A woman was visiting Six Flags over Texas in Arlington for
the first time when she fell out of her seat on The Texas Giant, the world’s
tallest steel-hybrid roller-coaster. Sitting next to the victim on the ride was
her young son who was reported by witnesses to be screaming "My mom, my
mom – we've got to get my mom... she's gone!" as the woman fell to her
death.
What allowed the victim to fall out of her seat is still
under investigation, but the family will almost certainly be entitled to file a
wrongful death lawsuit.
The ride has been temporarily shut down as investigators gather evidence on
what could have caused this tragic accident.
A Dangerous History
The woman who fell was not the first victim of The Texas
Giant, but hers is the first death on the popular ride. According to the Texas
Department of Insurance Records, 14 other injuries have been caused by The
Texas Giant in the past five years, indicating that Six Flags has long been
aware of the dangers this ride poses.
When you are injured or a loved one is killed at an
amusement park, you may be entitled to significant compensation. Talking to an
experienced injury lawyer is the best way to understand your rights and
determine the most effective course of action.
posted by Neil at 7:07 AM
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