One of the most difficult to prove liability in a claim is the slip and fall accidents. Every year thousands of people get injured in this manner and some have serious injuries from falling from slippery surfaces. Elderly individuals who fall can suffer tremendously and can even die. So, the question really lies on who should be held accountable when somebody slips and falls. You have to investigate the situation closely before filing a claim and we at The Injury Lawyers will help you from step one.
Occupier’s liability clearly states that if a visitor or even trespasser gets into an accident in a property due to negligence from the part of the occupier, they will be held liable for that. But before you can point your finger at the occupant of the property, it needs to be investigated if they are indeed negligent in not ensuring that their property is safe enough to avoid accidents. You may be tempted to file a lawsuit against them straightaway especially if the accident caused great deal of pain or a loss of life but this shouldn’t be done out of haste. It must first be known if their property was indeed hazardous. The question is “If they were more careful with their property, would the slip and fall incident have taken place?” If your answer is yes, then you cannot file a claim against them. But if your answer is no and you have enough evidence to prove it then you can file an Occupier’s liability claim against them.
If one simply slip and fall due to his/her own error of judgment then a claim cannot be filed but you can only seek help from your health care insurance as it is your own fault that led to the accident. A property owner is only responsible in maintaining their property to be safe. You need to prove that your injury is caused by the property’s dangerous condition in order to win the case. If the dangerous condition was untreated because they chose not to treat it, then they are to be held liable. If they caused the condition to be dangerous, then, the more they will be held accountable.
Our personal injury lawyers will help you with your problem. Give us a call and we can set-up an appointment for your free consultation. Let’s see what happened during that accident and we will discuss with you what steps we can take to assist you.
Car accidents unfortunately happen every day. Our roads are occupied by thousands of cars each day and there is always a big chance that you can run into a car accident. There are minor accidents and there are also unfortunate instances when these accidents on the road cause death.
If you have been in a car accident, you can file a car accident claim, though the fault and liabilities on any road accident needs to be determined to know who should be held accountable. There are two or more vehicles involved and it is necessary to know the circumstance of the accident and who is at fault.
In car accidents, to see who is at fault, the Common Law was created to recognize the basic faults in these accidents.
Common Law’s 4 Recognized Faults
Misconduct that is intentional
Motor vehicle codes are also being implemented and followed. It can get a bit confusing to know who is accountable to accidents and who the victims of the circumstance are. It will have to be investigated first and the state law will be the one who has the last say as to who needs to pay for damages or for the injuries that the accident have caused.
We here at The Injury Lawyers are familiar with all the laws pertaining to car accidents and we can help you. Give us a call and we can have a free assessment with you to review your situation and discuss about your rights and what you can do to get your claim. It is very important for you to get a well experienced lawyer to be on your side and represent you. You will have options available to you and we will discuss them with you so that you can choose the best option for your situation.
We don’t wish for a car accident to happen to you, but if you or the people you know have been through one, make sure you inform them that they have the right to file for a claim if they are not at fault. It is greatly recommended that they meet with us as soon as possible after the accident so we can gather all the necessary evidence to build up the case and get the best result for you. Also, certain accidents may not cause you any injury at first but it is possible that after a while you would feel the effect of it. If you are provided medical assistance after the accident, you are required to take it to prevent your condition from worsening without your knowledge. If you won’t follow this protocol, your insurance claims could be affected. Contact us for your free consultation with our lawyers.
Whenever you are on someone else’s property, it is their responsibility to make sure that the property and its grounds are reasonably safe. If the property was unsafe and you or someone you know has been injured in an accident due to negligence, you may be entitled to legal compensation. Occupier’s liability and premises liability claims can arise from negligence in the following areas:
- Snow or ice that has been uncleared
- Slippery surfaces
- Poor lighting
- Merchandise falling in a store
- Hidden hazards
- Dangerous conditions
It is important to note that the maintenance standards as well as the liability laws are different for private and public property. This makes the place where the injury occurred of utmost importance. Getting a lawyer in such an event is very important because we work closely with experts who can help determine what or who is the responsible party where your injuries are concerned. With this information we are better able to fight for you so that you receive just compensation for your loss.
You can put in a personal injury claim in the case of injuries sustained as a result of:
- Defective sidewalks
- Accidents on the staircase
- Electrocution or faulty electric wiring
- Insufficient security
- If you slip and fall
- Wet walkways or walkways that have snow
- Violations of building codes
- Use of shoddy materials
- Poor construction
Even though some of the personal injuries that involve premises liability may not be as noticeable or as dramatic as motor vehicle accidents, they are still able to cause serious injuries with repercussions for years to come. Personal injuries arising in premises may include the following:
- Injuries to the neck and head
- Injuries to the spine
- Broken bones
Nobody should have to suffer these injuries in silence. We can be the voice that speaks up for you in this very difficult time. Our lawyers will be happy to carry out an investigation to determine what the cause of your injury is and armed with the necessary evidence, to then pursue justice in the form of compensation, for you.
We take personal injury claims very seriously and handle them professionally and with utmost compassion. Our goal is to make sure that you get compensation for damages, suffering, pain and also for your future needs. Contact us today and let us give you a listening ear. The initial consultation and case evaluation is completely free of charge, without any obligation.