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A "slip and fall" or "trip and fall" is the generic term for an injury
which occurs when someone slips, trips or falls as a result of a dangerous or
hazardous condition on someone else's property. It includes falls as a result
of water, ice or snow, as well as abrupt changes in flooring, poor lighting,
or a hidden hazard, such as a gap or hard to see hole in the ground. The
National Center for Injury Prevention and Control estimates that in 2004, more
than 8 million people were injured in falls.
If you are on someone else's property and injure yourself as a result of a
dangerous condition on the property, the landowner or business proprietor may
be liable for your injuries. Business owners have an absolute obligation to
make sure their premises are free from defects and safe for the public as a
whole. They not only have an absolute duty to warn the public of any defect,
but business owners also have a duty to repair any dangerous conditions which
may exist on their property.
The value of a slip and fall depends on the facts, the location, the total
amount of insurance coverage, the wealth of the defendant, the severity of the
injury, the strength of the case, and the assets and insurance of anyone else
in any way at least partially responsible -- plus the skill of the lawyer
involved. There is also the subjective element involved: the sympathy of the
jury, the appearance of the injured, juror perceptions, makeup of the jury,
and so forth.
Putting a dollars and cents amount on your injury can be extremely
difficult because of the subjective factors. Damages are intended to
compensate you for the injury you have suffered.
Consequently, there is no set formula. In slip and fall cases, damages may
include both:
Special Damages
Medical Expenses: This includes medical expenses incurred to treat
an injury, such as doctor's visits; hospital expenses; emergency room
expenses; fees for chiropractic care; physical therapy; and any type of
medical devices that may be needed for your recovery, such as neck braces or
crutches. These expenses are recoverable if they result from your injury. The
cost of a medical examination done for the purposes of litigation is generally
not recoverable. Medical expenses are typically used as a benchmark for
determining the reasonableness of damage awards.
Lost Wages: You may recover the amount of money you would have
earned between the time of the injury to the time of a judgment or settlement
had you not been injured. If you were unemployed at the time of injury, you
may still recover lost wages if you can effectively show what you could have
earned during that same period.
General Damages
Pain and Suffering: Pain and suffering damages may be granted
for physical pain resulting from an accident or injury. A jury will look to
the nature of the injury, the severity of the pain, and how long the plaintiff
is likely to be in pain to determine the damage amount to be awarded.
Mental Anguish: Recovery for any type of mental or emotional
distress suffered as a result of an accident or injury. This could include
apprehension, fright, anxiety, nervousness, worry, loss of dignity,
humiliation, grief, shock, and/or embarrassment. If the injured party has been
disfigured by the accident/incident, mental suffering is recoverable for this
type of emotional injury.
Loss of Earning Capacity: You may recover damages for lost
earning capacity if you can show that your ability to earn money in the future
has been impaired. Past earnings will be used to determine an appropriate
damage award, but a jury will likely focus on what might have been earned had
the accident or injury not occurred.
Our goal to help you receive just compensation for the damages listed
above. We can provide you with a simple, stress free means to settle your
insurance claim. After you sign up with our firm, we will help you:
Assess your legal situation. An experienced member of our team
will help you understand the legal issues involved in your specific claim. Who
was at fault? Was there an uninsured or underinsured motorist involved? Do
you have a valid legal claim? We'll help you analyze whether it's in your
interest to pursue a legal claim against the other driver.
Handle communications. We will handle all communications with
other parties. This reduces your exposure to risk and relieves you of
unnecessary stress.
Obtain additional evidence, information and reports. We will
take control of the settlement process, helping you obtain the necessary
evidence (i.e., medical and vocational evidence, police reports, etc) and
witness statements to make the most compelling arguments.
Negotiate your settlement. Our team will represent you in the
negotiation of your claim with insurance carriers.
Represent you in court. If your case can't be settled, we will
pursue your claim all the way through litigation. We will advance all costs
of litigation until your case is settled.
If you have been injured in an accident, you can ensure that your
legal rights are protected by seeking competent legal representation. Please
contact our office, anytime for a free, no obligation, consultation with a
qualified personal injury expert.
See our Free Case Evaluation Form.
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