Personal Injury

What You Need To Know About Slip and Fall Accidents

Construction sites are one of the most dangerous workplaces. For this reason, we often see warning signs whenever we pass by these places. According to the website of Karlin, Fleisher & Falkenberg LLC, potential risks in construction sites can be mitigated by adhering to safety regulations and enforcing safe working practices. Unfortunately, most establishments fail on this aspect resulting to injuries or even deaths of their workers.

Figures from National Floor Safety Institute revealed that slip and falls account for more than 1 million emergency room visits or 12% of all total falls. The Center for Disease Control and Prevention (CDC) and the Bureau of Labor Statistics (BLS) classify falls into elevated and same level. 6 out of 10 of all elevated falls are from a height of less than 10 feet and 65% of fall-related injuries are from same-level walking surfaces. According to the CDC and BLS, an estimated 20 – 30% of people involved in a slip and fall accident suffer moderate to severe injuries.

Slip and fall accidents can happen in commercial and residential establishments. Filing a claim is the best way to secure damages for any injuries after an accident. However, these cases will not always result to victories on your part. There are different legal factors that can affect the outcome of your claim. For this reason, you need to hire an experienced personal injury attorney.

Burden of Proof

A slip and fall claim falls under civil tort case hence they are not governed by the common concept of “beyond reasonable doubt.” Being a civil tort case, slips and falls are judged according to a preponderance of evidence. Thus the burden of proof will be on the plaintiff to show that the defendant showed negligence in their responsibility to ensure safe working conditions hence resulting to the accident.

Comparative Negligence

Slip and fall accidents are also judged according to some percentage of fault. In such accidents, responsibility does not lie on one party alone. This is called “reasonable assumption of risk.” For this reason, the maximum damages that the plaintiff can get is adjusted downward based on their comparative negligence percentage.

Premise Liability 

The location alone of the accident is not an indication of negligence. It just serves as a reminder of where they have been negligent to some degree. If the accident happened in a state that adopts comparative negligence, then they can claim damages even if they were largely responsible for the accident.

Statutes of Limitations

When filing a claim, your case will be governed by the statutes of limitations. For you to be able to claim damages, you need to file the case within the specified time limit otherwise when that time expires, you can no longer receive damages. Thus, it is important that you secure evidences and file the case during that time frame.

Slip and fall accidents can result to lost wages, loss of productivity, or temporary or permanent disability. If you can prove negligence on the part of your employer, you can recover all these losses.

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Can Personal Injury Be Prevented?

Accidents happen. They’re an inevitability of life. Mostly, they’re little things that you tend to forget about. A fallen leaf from a tree lands on your face and you end up tripping over yourself. You forget the last step down a flight of stairs and you stumble towards the wall. You eat something that you hadn’t realized was way past its expiration date. These things are excusable and, more often than not, perfectly forgettable.

But then, there are the accidents that can ultimately alter the way that someone lives their lives… for the worse.

An accident could leave a person with permanent brain damage or turn them into a quadriplegic. An accident could mean months or years of being made unable to perform a professional that is necessary to keep them thriving in modern society. Can you imagine a ballerina losing her legs to an accident? Or, how about a surgeon whose hands were scarred and rendered useless due to a burn accident?

These circumstances are not new and, in fact, they happen often enough that personal injury became the legal terminology that fit this precise bill. However, as can be surmised from the examples, there are a lot of ways that a person can be injured due to negligence; and so, there are many subsets under personal injury. Some cases of personal injury are car accidents, nursing home abuse, premises liability, medical malpractice, et cetera. Each of these subsets has differing variables and the outcome of them can often depend where and when the accident occurred.

Personal injury is definitely preventable since the cause of it is the negligence of another party. It should have been prevented but it wasn’t due to lack of care. Therefore, should an instance of personal injury actually occur, legal measures must be considered in order to demand for recompense for the damages done.

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Car Accidents While Working

Worrying about a car wreck may be a continuous problem if your work requires you to be on the road. This mainly concerns industrial truck drivers, used to provide necessary services by means of moving goods (either raw or completed) over long distances. By driving heavy trucks for long periods of time, a truck driver is exposed to hazards and many hazards, and these can accumulate to cause vehicle or vehicle mishaps which may be crushing.

Based on the website of the LaMarca Law Group, P.C., there may be numerous blunders that may bring about possible truck injuries. Among the truck are diverted driving, failure to follow indicators and traffic signs, and inebriation. Nevertheless, among the most notable causes of vehicle accidents is drowsiness. Drowsiness is frequently compared to could likely cause injuries and serious damages, and being intoxicated.

On a current research conducted by the University of Minnesota, obstructive rest apnea (OSA) is really one of the causes of sleep-deprivation for truckers. Although federal legislation does state the very least amount of relaxation for truckers, those people suffering from OSA deficiency “restful” sleep and will suffer from decreased oxygen consumption, which in turn makes them feel tired and drowsy the next day. OSA along with shifting schedules of driving can be a dangerous mix that will end in disaster.

Due to the sheer weight and dimension of a commercial vehicle, injuries from truck accidents could be overpowering. Brain injuries that are serious can affect somebody’s life, and may impede their lifestyle. A head and brain injury not only cause physical and psychological trauma, the remedy that is life-long and might be financially hard to stay informed of. This situation may be made even harder if the car incident was not your fault, but cause by yet another individual’s negligence or carelessness.

Truckers, alongside every other motorist, should be aware of the perils of getting behind the wheel. Regardless of the strong advocacies about traffic enforcements that are aggressive and safe-driving, you can not control the manner other drivers’ automobiles are driven by they. The only real way to ensure safety while driving is practice defensive driving, and to remain healthy, attentive.

In the event, you are hurt because of a trucker’s negligence, contact a personal injury lawyer today. You should not have to suffer through this and an experienced truck accident attorney will have a way to guide you through the complexities of your situation.

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Handling a Car Accident

A possible chance in America regardless of how cautious you are, a driver will be involved in an automobile accident at least once. Based on the website of Spiros Law, P.C., it could be nothing more severe than slight property damage, which is a trouble but not too hard to handle. On the other hand, in the event the accident is a result of neglect or carelessness of another motorist and results in serious harm, it is necessary to know how to proceed to allow it to be simpler to produce a personal injury claim and get compensation for car accidents.

The initial thing to do is always to prevent laying blame or expressing a viewpoint. Speculate on what occurred, although ask regarding the status of the other driver and any people and show concern by all means, but don’t acknowledge fault, participate in finger-pointing. Summon the police instantly, followed by with a phone to the automobile insurance carrier. Describe petition for medical help and what happened. A representative might be dispatched to manage the matter.

Start if the scene is physically possible while waiting for someone official to make it happen to take charge, documenting it. Shoot a video and as many photos as suitable of the positions and location of the autos, the make and model, the driver’s information, and whatever witnesses there may possibly be. When the other driver is speaking, capture that also.

These can be of importance when the moment comes that is major to confirm fault and to what diploma, which is typically the basis for just about any compensation given in a personal injury suit. By the moment the investigators arrive, the majority of the work would have been completed. Then it’s up to the insurance agencies.

You may need to contemplate employing the assistance should you’re severely injured in a neglect automobile accident. Insurance firms will simply seek to recover not exemplary damages and their losses.

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Head Injuries

Head injuries range in severity. They can influence a person for 2-3 weeks, to the rest of their life. Possible causes of brain injuries are falls, athletic games, or automobile accidents. Forms of brain injuries include concussions, contusions, diffuse axonal, and penetration.

Concussions occur when has been a direct strike to the head. They are the most common form of brain injury, and can be a consequence of various types of injuries. Potential examples by which concussions can occur comprise slamming to collisions, hitting the ground hard, or the tire. Internally, somebody’s bloodstream vessels are stretched and nerves may be damaged.

Penetration is when a foreign-object enters the mind during an accident. Such injury may cause tearing, stretching, or rupture of brain tissue. Items that are infiltrating can ricochet throughout the head, or can undergo the head, brain, and again out of the head. The victim should be taken to the emergency room instantaneously when a puncture injury happens.

Like concussions, contusions are also caused are an immediate influence to the head. Nevertheless, contusions involve a bruise on the brain. It may have to be surgically eliminated in the event the contusion is critical enough.

Diffuse axonal results when someone’s mind spun or has been firmly shaken, along with the brain will not move with the cranium in accordance. Calm axonals can cause nerve tissues to tear, hence resulting in brain damage that is permanent or comas. Commonly associated with automobile accidents, this form of injury is extremely severe.

Every one of those brain injuries may be damaging to an individual’s life. While rehabilitation is an option for recovering from a brain damage, the process is often long and uncomfortable. When there is associated with an accident a man inflicted with a brain damage, they need to receive medical attention when you can.

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Information about Personal Injury Lawsuits

Enormous corporations, especially insurance providers, drug and medical device producers, and the oil and petroleum industries, perpetuate the idea that individual injuries lawsuits are just ploys by unethical people to get money from “deep pockets.” In accordance with personal injury lawyers, they have expended a great deal of work to sabotage the authorized program dictating tort cases because they don’t want to be held answerable because of their neglect.
It is a fact that a number of these companies are hit hard by the financial consequences of several injury statements, but it is also a fact that almost all of these promises merited the verdicts they obtained, because the defendants were found negligent and that they paid.

It is likewise a fact that progress comes in a cost. Several personal injury lawsuits take a minimum of two years to both get resolved; a goodly percentage of the ruling of cases that proceed or get to test to demo is for the plaintiff. Perhaps due to that, as well as lessons learned from past blunders by litigants, the number of suits being submitted are normally on a slow downward trend on equal state and national levels. Nevertheless, undesirable activities described on continue to be a question of concern for the public.

You’ve the privilege to get compensation, in case you have sustained serious harm as a result of the neglect of a third party.

While some people have filed deceitful, even pain, personal injury suits, with the aim to make money from the plaintiff, these are instances that seldom see the light of day. The complainant has the burden of evidence, and a judge is not going to let a situation that does not have any legal basis to go forward but may dismiss it out of hand. A few of the possible legal reasons for a personal injury lawsuit are discussed on the website

Nonetheless, it is false that individual injuries suits are causing small businesses to fail or insurance prices to rise. Insurance charges rise not because of promises but as the insurance firms do make more cash and need to, as evidenced by their annual reviews. Surveys further demonstrate that suit scarcely affects small companies.

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