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Philadelphia Slip And Fall Lawyers
Slips, trips, and falls are among the most common types of injuries experienced by Pennsylvanians.
These injuries can have severe consequences in terms of lost time at work, missed time with family and friends, serious medical conditions requiring surgery, and even death. Unfortunately, many of these injuries are preventable and avoidable but can be among the most difficult to prove in court.
Our slip, trip, and fall attorneys can help with your accident case and recommend that you contact our office immediately if you think your injuries could have been prevented.
What Is A Slip and Fall Accident?
If you have slipped and fallen on someone else's property in Pennsylvania, it is wise to explore your options for getting compensation for your injury and losses. This is especially true if it's clear that the property owner's negligence caused the accident.
Among all types of injuries, premises liability accidents are second only to motor vehicle accidents in Pennsylvania, according to data from the Centers for Disease Control and Prevention (CDC).
These injuries account for more lost time at work than any other type of accident. Slips, trips, and falls are a leading cause of injury-related accidental death in persons over the age of 65 and are the leading cause of death in persons over the age of 85. More than 8 million Americans visit emergency rooms each year due to injuries from slips, trips, and falls.
Types of Slip And Fall Injuries
Slip, trip, and falls can result in severe injuries with long-lasting impairment to your health and lifestyle.
People who fall often hit their heads and injure delicate parts of their spine and limbs. Traumatic head and spinal injuries can be life-threatening and lead to permanent loss of cognitive and motor functions.
Victims of slip, trip, and fall accidents commonly experience the following types of fall injuries:
- Head, Neck, and Brain Injury
- Spine and Back Injury
- Broken Bones
- Sprained Ankles and Wrists
- Shoulder Dislocation
- Cuts, Abrasions, and Bruises
If you have suffered a slip, trip, and fall injury, do not take your injuries lightly. Seek medical attention immediately to ensure the best chances of recovery.
What Should You Do If You Slip and Fall?
Seek Medical Attention
Your health is your number one priority. Go to the ER or see a doctor so that your injuries can be properly treated and documented. These medical records will become important evidence of your injuries should you pursue your premises liability case.
Report and Document The Accident
Report the accident to the store manager, property owner, or landlord. Make sure to take down details of the person you reported the accident to and if able, request a copy of the written report before you leave. It is also important to gather the names and phone numbers of any witnesses that will help prove your personal injury lawsuit. Take photos of the precise location of the accident and any contributing factors such as puddles, cracks in concrete, etc. Keep the shoes and clothes you were wearing in a safe place as they can be used as evidence in your case.
Seek An Experienced Personal Injury Lawyer
Call an experienced slip, trip, and fall attorney to help you understand your rights and what you may be entitled to if you pursue a successful claim. A slip and fall case can be difficult to prove, and negotiating with insurance companies on your own can jeopardize your slip and fall claim. Speak with a premises liability lawyer to guide you through the process.
Do Not Miss Your Medical Appointments
It is important that you follow your doctor's recommended treatment plan and advice. Not only is this the best path to recovery for your health but it will also show any potential jurors that you were seriously injured and that you took your treatment seriously.
Let Your Personal Injury Attorneys Negotiate With The Insurance Companies And Property Owner
You took all the proper precautions at the accident scene and collected all the right information. But you are not done. After you leave the fall accidents scene, you will need to continue to take steps, and precautions to avoid jeopardizing your claim. The first of these is to be careful in your dealings with the various insurance companies. It is common for an adjuster to contact you after an accident.
If you are contacted by an insurance adjuster, be gracious but only provide basic information like your name and contact information.
Do not give them any further details and never allow them to record any statements regarding your account of the fall accident. They can and will use this information against you. A good rule of thumb to remember is that the adjuster works for the insurance company, not you! They are looking for a way to minimize the settlement, and they will pick apart anything you might say to them. Also, you should never accept a payment or agree to a settlement without consulting the best accident lawyer available.
Insurance companies are a business and they operate to make money. As such, they will attempt to offer you as little as possible to settle the matter. This is why you need a knowledgeable personal injury attorney to help you understand and explore your options so you can make an informed decision.
What Can A Slip, Trip, And Fall Attorney Do For You?
An experienced Pennsylvanian slip and fall lawyer will help you navigate complex personal injury claims. Here are some ways a personal injury attorney can help you recover compensation you deserve:
- Negotiate with Insurance Companies
- Gather your medical reports, evidence, and sensitive or confidential information
- Handle the paperwork
- Worry about the deadlines
- Sound legal advice, and a trusting attorney-client relationship to guide you to the best outcome.
Time Limits On Filing A Slip And Fall Case
Time Is Of The Essence!
Some personal injury cases can be very complex and many of the laws in Pennsylvania are nuanced. You want to leave yourself adequate time to file a trip and fall lawsuit and give you good leverage during settlement discussions. It is best to contact a personal injury attorney as soon as possible to make sure your rights are protected.
How Much Compensation Can You Get For A Slip And Fall?
In determining the amount of compensation awarded or settled, there will be regard to a number of factors, the most important being the severity of the injury.
Compensation settlements will also give consideration to the following elements:
- Past and future medical costs
- Pain and suffering
- Loss of wages
- Lasting disability and impairment
- Emotional distress
- Cost of a caregiver
- Loss of companionship
Ensuring that you get the appropriate compensation is extremely important for your long-term health and well-being. Unreported accidents are one of the most under-reported injuries that occur frequently. You don’t have to deal with a lifetime of pain. We are ready to help get you back to normal and make sure you receive every benefit you deserve.
Are Slip And Fall Cases Hard To Win?
Proving Fault In A Premises Liability Claim - Comparative Negligence
Pennsylvania applies a “comparative negligence” standard to premises liability cases. Comparative negligence means that the courts will determine how much responsibility the defendant had for their safety, and how much “at fault,” they are. If the court determines that the defendant is more than 50 percent responsible for the injury, no damages can be recovered.
Who Is Responsible For A Slip, Trip, And Fall Injury In A Premises Liability Case?
To hold a property owner responsible for your fall injuries, you will typically have to show that the property owner caused the dangerous condition which lead to the injury or that the property owner should have recognized the dangerous condition and failed to rectify it.
If you pursue a personal injury claim for a premises liability accident be prepared to hear the other side argue that you bear a large portion of the responsibility for the accident. This tactic is used to avoid having to pay you compensation or lower the amount of compensation awarded by the courts. Remember, in Pennsylvania if an injured party is deemed to have been more than 50 percent responsible for the accident, the injured party will not be able to recover anything at all.
Here are examples of some common arguments made by property owners:
- You were using your phone and not paying sufficient attention at the time of the accident.
- You were in an area of the property where visitors are not usually allowed.
- You were wearing inappropriate footwear.
- The dangerous conditions should have been obvious to you.
- Reasonable steps were taken to protect you.
Common Slip, Trip, And Fall Scenarios
Nursing Home Accidents
Not every fall in a nursing home is the fault of the elderly patient. If the floors and stairs are not taken care of in a way that makes it safe for the patients to walk, the home could be held responsible for the slip, trip, and fall.
Grocery Store Slip And Falls
Because of the greater possibility of spills and the fact that many stores do not clean up spills promptly, grocery stores present a great risk for premises liability accidents.
Restaurant Slip, Trip, And Fall
As another location prone to spills and busy staff members who do not clean them up quickly, restaurants can also result in premises liability accidents fairly regularly.
Construction Area Accidents
The clutter that construction workers often leave behind can result in accidents. Blocked or cluttered staircases also pose a similar threat.
Retail Store And Shop Accidents
Uneven carpeting or flooring, often the result of wear and tear, can result in people tripping and falling. Some retail stores also have step-ups between departments, which can cause trips if they are not marked properly.
Parking Lot Injuries.
Not only are parking lots notorious for being unevenly paved, but they can also be dangerous in bad weather if they are not treated correctly to protect against snow and ice.
The cost of slip, trip, and fall injuries can be massive. In fact, an average fall accidents cases result in around $23,000 in medical bills. This would be a substantial financial burden to bear if the accident was not your fault. Having a skilled Philadelphia slip and fall lawyer on your side is the best way to begin taking legal action against the responsible party and receiving the compensation you deserve for your injuries.
Slip, Trip, And Fall Injuries At Work
Slips, trips and falls that result in injury while at work fall under Worker’s Compensation law in Pennsylvania. In 2015, 36 Pennsylvanians died due to slips, trips and falls at work according to data from the Bureau of Labor Statistics (BLS). This accounts for 21 percent of all worker fatalities in the state and is second only to transportation fatalities. Nationally, 229,240 employees missed time at work due to slips, trips and falls.
Worker’s compensation claims “arise out of employment and occurring during the course of employment” (AOE/COE).
Generally, if you are injured or made ill at work, you are eligible for benefits, but like personal injury cases, the law is complex and seeking a top worker’s compensation lawyer is advisable to ensure you get the appropriate benefit and care. A major difference to personal injury law is that the defendant is not required to show negligence on the part of the employer, making these cases easier to argue in court.
This does not mean that you should settle your worker’s compensation claim on your own. A highly trained and experienced slip and fall attorney, will know the intricacies of the law and be able to ensure you get a fair and just settlement that protects you, your family, and your long-term health care needs.
Worker’s Compensation law prevents an individual from suing their employer directly due to work-related injuries. Employers are required to maintain Worker’s Compensation insurance and claims arising from work-related injuries are handled by the Pennsylvania Department of Labor and Industry. The Occupational Safety and Health Administration(OSHA) maintains regulations employers are required to follow to keep employees safe. Many of these regulations are straightforward and common sense, but due to a variety of reasons, safety can be overlooked and employees can be in danger.
Generally, injured workers who retain an attorney to handle their Worker’s Compensation claim receive higher award amounts and typically secure more substantial, long-term health care benefits. An attorney-represented injured person will normally see quicker completion of cases with less stress.
Pennsylvania law allows three years from the date of injury to file a worker’s compensation claim. Injured workers who choose to wait to file are likely to lose benefits and ultimately, may lose the case. Contacting one of our attorneys immediately ensures that you are represented by top attorneys from day one.
Many worker’s compensation claims are rejected when initially filed. This tactic is often used to dissuade workers from filing claims by requiring additional effort to pursue the claim. If your claim has been rejected, it is highly important you contact us immediately to preserve the benefits you are legally entitled to receive.
When you are injured, taking care of your health and getting back to normal should be the only things on your mind. Worker’s compensation suits can be stressful and time-consuming to handle on your own, and much of the legal language is confusing. Letting us handle your claim will take away the stress, letting you get back to being healthy as soon as possible, and will ensure that the benefits you receive are adequate for your injury
Wet Floor Slip And Falls
It’s a pretty typical slapstick comedy routine — someone slips on something, like a banana peel, and falls flat on their face. It’s been used for comedic relief in cartoons and movies, but when it happens in real life, it is not funny at all. In fact, slipping and falling on a wet floor can be extraordinarily painful and result in serious injuries that could cost you thousands of dollars in medical bills.
Slipping and falling on wet floors is even more common than tripping down stairs or on curbs. The one place that this happens the most is in grocery stores, where the likelihood of spills or wet floors from cleaning can provide slipping hazards.
Mall owners also have to pay careful attention to slippery floors, especially in food courts where people frequently spill, where clean-ups with liquid chemicals often occur, and where customers walk in from rainy or snowy weather and track water across the floor. Wet floors are also frequently found in retail stores, restaurants, your place of work, hospitals, and nursing homes.
You have the right to seek legal action against the owner of a store if their negligence caused you to slip and fall on their wet floor. The law of premises liability dictates that they are responsible for maintaining a safe environment, which means cleaning up spills, drying the floor after cleaning, and/or warning customers of any wet places on the floor. In fact, by pursuing legal action, you could be preventing that owner from causing anyone else to get hurt.
The costs to cover your medical procedures after you’ve been injured in a slip and fall accident can be very expensive, and they can add up and continue long after you initially go to the hospital. Aside from immediate surgery or medical care, you may have to keep taking medicine or attend physical therapy for weeks or even months. In some cases, you could be permanently disabled from your fall.
Many injuries from slip and fall accidents also mean that you cannot return to work. If you’ve broken a bone or suffered head trauma, you could be out of work for weeks and unable to earn a wage. If you are permanently disabled, you may not be able to return to work for a very long time. This makes the burden of medical bills even worse.
The best way to go about proving that the negligence of the store owner caused your slip and fall accident is to work with an experienced attorney who has handled these kinds of cases before. Our lawyers will work with you on your unique case. They will look at safety records of the store, cleaning schedules, maintenance reports, video surveillance, and even witness testimony to determine if the owner knew about the spill or the wet floor and did nothing about it.
Another angle your lawyer will investigate is what the flooring itself is made of, because the property owner can even be held responsible for slip and fall accidents if their flooring is not safe, is untreated, or is more prone to be slippery. Many owners will treat their flooring with a non-slip treatment, but if they do not, they could be responsible for falls if the flooring is too slippery or has no support rails.
If you slipped and fell in any public place, call a slip and fall attorney right away to determine if you have grounds to pursue legal action against the store or property owner.
By receiving financial compensation, you will be able to cover your medical bills, your lost wages, and any pain and suffering you experienced. It likely was not your clumsiness that caused the accident, so give one of our attorneys a call so that they can begin looking at your case today.
Speak To A Slip, Trip, And Fall Lawyer Today
Maybe you were walking through the parking lot at the grocery store and tripped on a poorly repaired or neglected piece of asphalt, fell and sprained your wrist, and broke your cell phone. Or maybe you are at work and slipped on water that was left spilled on the floor by the cooler and your lower back has been hurting for weeks.
On a good day, falling down is just embarrassing. But what happens if you are seriously hurt on someone else's property? Before you sign anything or accept any offer made by someone who is responsible for your injury, call or text our offices.
We all want to believe that other people will do the right thing when we are hurt and it is their fault, but that is rarely the case in matters of personal injury claims.