Slip and Fall Accident Frequently Asked Questions
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Posted On :
Aug-19-2011
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Article Word Count :
714
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A victim of a slip and fall accident may still have a claim even if partially their fault- Q & A on Slip and falls- Elite Lawyer Project personal injury group
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A slip and fall accident is one of four types of a fall accident that a person can experience. These four types include a trip and fall whereby an object in a walking path causes a person to fall, a step and fall accident whereby an unexpected hole or problem with the walking surface causes a fall, a stump and fall accident where an impediment exists in the walking surface or a slip and fall accident where the interface of the floor and shoe fails causing a fall. Most of these are due to some form of negligence and if you have suffered serious injury, you may have legal recourse through a personal injury lawsuit. It is wise to consult with a personal injury group regarding the details of your case. They will give you an honest opinion of the merits of your claim and a recommended course of action.
One of the more frequently asked questions is, “I fell at work, can I bring a lawsuit against my employer?” In most cases if you fall at work you cannot sue an employer. A State’s worker compensation laws generally cover this type of injury claim. If a third party was involved, such as a subcontractor on a construction site, then you can bring action if they were at least partially responsible for your injuries.
Another common question is, “What kind of financial compensation might I receive for my slip and fall injuries?” This type of claim is very similar to other types of personal injury legal claims. You monetary recovery can include payment for lost wages, medical bills, potential medical expenses in the future, and in some cases pain and suffering.
“Do I have to fill out a slip and fall accident report?” If possible, you should complete an accident report right after the slip and fall incident and be careful to note what occurred, any witnesses to the accident and present conditions that may have contributed to your fall injuries. In most cases the reporting requirement is the business policy of a store and is not mandated by law. Laws do vary per state however, and by consulting with a personal injury group you will be advised as to the existence of any requirements.
“Who is responsible for a hazardous condition?” A hazardous condition can be temporary such as a slippery sidewalk or permanent such as a broken stairway. In regards to a permanent condition, the owner of the property is responsible as they should have been aware of the dangerous situation. In some cases they are not responsible due to a temporary condition that they may not have known about. The big question here is whether or not the property owner had opportunity to realize the hazard and fix it.
“What is comparative negligence?” This refers to what responsibility you may have had in the resulting slip and fall accident. The courts will assign a percentage of liability to all parties involved.
“What is the insurance adjuster searching for in regards to information surrounding the fall?” The adjuster is attempting to establish your responsibility in causing the accident. They will almost always try to reach a settlement in the case right away. They most likely will ask you a lot of questions like warning signs you did not pay attention to, the type and extent of your injuries, exactly what you did right before the accident, why you were in the area, etc. Talk to a personal injury group prior to talking to an insurance adjuster, as they put the interests of the company before the interests of the injured in many cases. Some victims unknowingly damage their personal injury claim by immediately talking to the insurance adjusters.
“Is the owner or the injured person responsible for a fall accident?” In many cases both the injured individual and the owner of the property can be found liable in differing degrees in a slip and fall accident. The owner of the property has the responsibility of maintaining a safe environment and an individual has the duty to pay attention to where they walk including the responsibility to watch out for items that may be spilled on a floor.
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Article Source :
http://www.articleseen.com/Article_Slip and Fall Accident Frequently Asked Questions_75145.aspx
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Author Resource :
The Elite Lawyer Project personal injury lawyers have extensive experience in helping victims of a personal injury accident.Call 877-382-1188 today to speak to our personal injury associates for a free case review.
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Keywords :
trip and fall, trip and fall accidents, slip and fall injury, slip and fall accident, personal injury group, personal injury ,
Category :
Reference and Education
:
Legal
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