Slip & Fall / Trip & Fall Accidents

Injuries sustained from trip and falls can be catastrophic and can include:

• Broken and Fractured Bones;
• Contusions;
• Concussions;
• Spinal Injuries;
• Twisted and Sprained Ankles;
• Chipped Teeth;
• Scarring; and
• Facial Lacerations.

One of the main hurdles to overcome when it comes to a trip and fall is establishing liability, or that the reason you fell was the result of someone else’s negligence.  Establishing liability when it comes to a trip and fall is no simple matter, and hiring the services of a personal injury attorney to make a claim for the injuries you sustained as the result of a trip and fall may lead to the best result.

Although you may have sustained severe injuries as the result of a trip and fall, you will need to establish that another individual, or more likely entity, was at fault or negligent.  Insurance companies will use any excuse they can dream up to deny your claim.  One of the most common defenses is an allegation that the defect or condition that caused you to trip and fall was “open and obvious.”  This means that the property owner or insurance adjuster is alleging that it was your fault that you tripped and fell because you should have noticed what caused you to fall prior to the fall.  For example, if you are walking down a sidewalk in a strip mall, and you trip and fall over an electrical extension cord, they will allege that you should have seen the electrical cord and simply stepped over it.  A personal injury attorney can help articulate your argument as to the cause of a trip and fall, and negotiate the position of liability with the person adjusting the claim.

If you are injured as the result of a trip and fall, and you seek medical treatment to treat these injuries, you will undoubtedly incur medical expenses.  These medical expenses are additional damages you have suffered.  If you have health insurance, your health insurance may cover some of your expenses.  However, if you settle your claim, or obtain a verdict from a jury, you will likely have to pay back a portion, or all, of the medical expenses that your health insurance company paid on your behalf.  An experienced personal injury attorney can negotiate this lien to a lower amount on your behalf, putting more money in your pocket at settlement.

On average, someone involved in a slip and fall accident misses 11 days of work, and many people end up missing much more than that depending on the seriousness of their injuries.  How will you deal without earning income for two weeks or more? Unfortunately, if you’re like many people, even missing a couple of weeks will be hard to cover with savings, and trying to regain financial stability after a few months without income might seem impossible.  If you have a valid claim, you need an attorney to help you recover the income you’ve missed.

With that said, loss of income is a “damage” that you have sustained, and only a small portion of what you may be able to recover.  Other damages that you have likely incurred are:

• medical bills;
• pain and suffering;
• future medical bills for continued treatment;
• future pain and suffering you will continue to incur; and
• loss of future earnings if you cannot perform at your job the same way as you were prior to the slip and fall.

A skilled and experienced attorney can determine what type of damages you have sustained, advise you, and present your case to the insurance company and the Court in a way that allows you a full and complete recovery of all of your damages.

Preserving key evidence of the slip and fall is critical.  Photographs are incredibly helpful in proving your claim.  Witness statements can corroborate your version of the events and condition of the premises that lead to a slip and fall.  There is a big difference in a case that has photographs of the accident and a corroborating witness than a case with no photographs and no witness.  Absolutely critical to being able to make claim to anything is good records.  Your employer will be able to provide you with the necessary documentation to establish your loss of income

The extent and type of treatment you receive after a slip and fall injury is the most relied upon evidence by an insurance company, the Court, and a jury or the damages you have sustained.  This is why it is critical that your doctors document all of your injuries and all of the treatment that you go through.  Seeing a doctor immediately after you experience injuries from a slip and fall will result in more accurate records of your injures as well as proof that you were injured as the result of the slip and fall.  Even if you think you’ll be fine, you may still wish to seek medical attention so that your injuries are documented and you give yourself the best chance of a 100% recovery. Keep any and all documentation provided to you by the hospital or clinic you visit and keep your own detailed notes regarding treatment, symptoms, and doctor’s appointments.  All medical records are critical for your personal injury attorney to use to help you get the biggest recovery possible.

Some people with valid claims do not pursue their claims because they are afraid of the legal process.  However, with an experienced personal injury attorney from Thompson Legal, P.A., you will be guided through the process and represented in a way that is sympathetic and compassionate to your situation.  The vast majority of cases do not go to trial, however, in order to obtain the best recovery, you need a personal injury attorney who is willing to file a lawsuit, litigate the issues in Court, and push the Defendants to the limit until they are willing to provide you with a fair settlement.  And if they are not willing to fairly settle your claim, you need an attorney who is willing to take your case to trial.  Unfortunately, there are many, many, personal injury attorneys who not only don’t take cases to trial, they do not even litigate their cases.  The insurance companies know who these attorneys are, and because they know they will not be litigated against, they offer the lowest settlements on these types of cases.