4 Examples of Personal Injury Law Benefiting Victims of a Slip and Fall Injury

Personal injury law covers several types of cases, including car and truck accidents, as well as product liability and medical malpractice. All four of these types of personal injury law cases are considered high-profile cases, as stories about these types of personal injury cases appear regularly on the nightly news and your favorite online news source. However, slip and fall incidents can be just as serious as any of the other types of personal injury cases. The National Floor Safety Institute (NFSI) recently released a study showing that slip and fall incidents result in more than one million emergency room visits each year in the United States.

Injuries sustained as the result of a slip and fall incident range from minor cuts and bruises to a compound fracture of the wrist. When we slip and start to fall, the instinctive reaction is to use one or both arms to brace for the impact delivered by the fall. This makes one or both wrists highly vulnerable to sustaining some type of fracture. Although a compound fracture represents a serious injury with potentially severe health consequences, it is just one type of serious injury that you can sustain from a slip and fall. Other types of serious injuries that result from a slip and fall include whiplash, brain trauma, and spinal cord damage.

How Does Personal Injury Law Benefit a Slip and Fall Victim?

Personal injury law protects victims of slip and fall incidents by giving them several rights that help them recover financial losses.

You Have the Right to File an Insurance Claim

When you meet with a personal injury attorney for a free case evaluation, your lawyer explains the process for filing an insurance claim. Without legal representation, the insurance company that you have to deal with might try to take advantage of you.

Filing a persuasive insurance claim starts by gathering and organizing physical evidence, such as photos of the slip and fall scene, as well as footage captured by a venue’s security cameras. Witness accounts also play a pivotal role in filing an insurance claim. Before you file the claim form, your personal injury attorney reviews it to ensure you have completed every section with accurate information. Your lawyer also closely monitors the claim to ensure it processes in a timely manner.

You Have the Right to File a Personal Injury Lawsuit

Filing a civil lawsuit that seeks monetary damages requires more preparation than the preparation required for filing an insurance claim. Your personal injury attorney must prove another party committed one or more acts of negligence. Proving negligence requires your lawyer to demonstrate the presence of four elements, starting with the element called duty of care. The venue where you slipped and fell owed you a duty of care to prevent you from sustaining one or more injuries.

The second element of proving negligence involves showing another party violated the duty of care doctrine. Then, your attorney presents evidence that you sustained injuries as the result of a slip and fall that caused financial losses.

You Have the Right to Seek Compensation

The primary goal of filing a personal injury lawsuit is to win a favorable legal judgment in the form of receiving compensation. You have the right to seek economic damages, which represent the tangible costs associated with the slip and fall incident, such as lost wages, medical bills, and property damage. Non-economic damages do not come with a price tag, but they can be as financially draining as economic damages. After a slip and fall, you might develop symptoms of Post-Traumatic Stress Disorder (PTSD) anytime that you walk into a similar venue to the one where you slipped and fell.

Punitive damages do not cover financial losses. Instead, a judge awards punitive damages to punish a plaintiff for committing one or more acts of negligence.

You Have the Right to Discovery

One lesser-known benefit of personal injury law concerns your right to gain access to the physical evidence and witness statements acquired by the other party. The discovery phase of the litigation process grants both sides the opportunity to share information, which helps both parties determine whether taking the case to trial is worth the time and money. During the discovery phase of the litigation process, both parties can try to negotiate a settlement that avoids a costly and time-consuming trial.

Should I Call a Car Accident Attorney if I Was Injured While Riding a Bicycle?

Bicyclists have become just as common as motorists on our nation’s roads. Many municipalities have designated lanes for bicyclists to use exclusively. The rapid increase in the number of bicyclists corresponds to an increase in the number of car accidents that injure bicyclists. If you are a bicyclist who sustained one or more injuries as the result of a car accident, should you call a car accident attorney for legal support?

The answer is yes, but contact a car accident attorney who specializes in handling cases involving an injured bicyclist.

How Does a Car Accident Attorney Provide Legal Support for a Bicyclist?

Hiring an experienced car accident lawyer who specializes in handling cases involving an injured bicyclist provides you with several types of legal support.

Conducts a Thorough Investigation

For most types of car accident cases, law enforcement officers respond to the scene of an accident to secure it and then conduct an investigation. Your car accident attorney conducts a separate investigation that includes gathering additional physical evidence, as well as interviewing witnesses that describe what transpired before, during, and after the car accident. Your lawyer also reviews the official police report.

Calculates a Reasonable Value for Compensation

One of the most common reasons why insurance adjusters deny claims and judges dismiss lawsuits concerns the submission of an unreasonable value for compensation. Your car accident attorney adds up the costs of medical bills and repairs performed to fix property damage. If you missed work because of your injuries, you might qualify for compensation that covers lost wages. Non-economic damages such as the costs associated with pain and suffering often are more difficult to calculate.

Interacts with the Insurance Adjuster

Many insurance companies love to deal with policyholders that do not retain legal representation. If you do not hire an attorney to help you file an insurance claim, the adjuster might deny a valid claim or approve a claim that is worth much less than what you deserve in compensation. A car accident attorney who specializes in providing legal support for bicyclists also acts as a buffer between you and the insurance adjuster. Your lawyer monitors the progress of your claim to ensure it receives the consideration it deserves.

Negotiates a Settlement

Your car accident attorney has two opportunities to negotiate a settlement. First, your lawyer can negotiate with the insurance adjuster. Second, to avoid a costly and time-consuming civil trial, your lawyer can negotiate a settlement with the other party’s attorney. This typically takes place during the discovery phase of the litigation process, which is when both parties share physical evidence and the statements provided by witnesses.

Negotiations start when your attorney submits an offer and negotiations can continue through several rounds of counteroffers.

File a Civil Lawsuit

As a bicyclist who sustained one or more injuries as the result of a car accident, you might have a strong enough case to prove another party committed at least one act of negligence. If your car accident attorney can show the other party committed one or more acts of negligence, you might have enough physical evidence to file a civil lawsuit that seeks monetary damages. Not only does your attorney submit the proper documents with your personal injury lawsuit, but your lawyer also helps you file a personal injury lawsuit long before the expiration of the statute of limitations.

The Bottom Line

If you are a bicyclist who sustained one or more injuries as the result of a car accident, a car accident attorney can help you recover the financial losses associated with diagnosing, treating, and rehabilitating your injuries. Some of the factors that define a highly-rated car accident attorney include experience, responsive communication, and a proven record of success.

Can a Car Accident Attorney Help Me Resolve a Fault Dispute?

If you get involved in a car accident, you have to follow a few steps to determine whether you receive compensation to recover the financial losses associated with medical bills, property damages, and possibly lost wages. The first thing to do involves calling 911 to activate the emergency response system. Next, you should receive prompt treatment for your injuries. The longer you wait to receive medical care after a car accident, the more likely the insurance company you have to process a claim with might consider your injuries not serious enough to warrant compensation.

The third item on your to-do list after a vehicle collision is to contact an experienced car accident lawyer to help you determine whether another party should assume fault for causing the auto crash.

How Does My Car Accident Lawyer Help Me Resolve a Fault Dispute?

The most contentious issue between all parties involved in a car accident concerns determining which party or parties should assume fault for causing the collision. A car accident attorney helps you resolve a fault dispute in the following ways.

Interacts with the Insurance Company

Insurance companies love dealing with policyholders that do not retain legal counsel when filing a claim. If you do not hire an experienced car accident lawyer to help you file a persuasive insurance claim, the insurance company might deny a valid claim or approve a claim for a value that is far below the compensation that you deserve. Working with a car accident attorney ensures the insurance company does not falsely accuse you of causing the auto crash.

Your lawyer also monitors your claim to ensure it receives the prompt attention that it deserves.

Gather Physical Evidence

The law enforcement personnel responding to the car accident conduct an investigation that leads to the filing of the official police report. Inside the police report, your attorney should find information that describes what caused the accident, as well as a determination as to which party, if any, should assume legal liability for committing one or more acts of negligence. Your car accident attorney also conducts a thorough separate investigation to uncover more physical evidence. One of the most trusted types of physical evidence is the footage captured by a nearby traffic and/or security camera.

Interview Witnesses

Witness accounts alone do not provide enough evidence to determine which party should assume fault for causing a motor vehicle collision. However, witness statements provide legal support for what happened before, during, and after the auto crash. Your car accident attorney needs to interview witnesses as close to the date of the vehicle collision as possible to receive the most accurate accounts.

What Are the Four Elements of Proving Negligence?

A car accident attorney resolves a fault dispute by proving the presence of the four elements of negligence. First, your lawyer must establish the other party owed you a duty of care to protect you against sustaining injuries. Second, you must demonstrate the other party breached the duty of care doctrine by committing one or more acts of negligence. Third, the car accident must have caused your injuries and finally, your injuries generated financial losses.

Charged With an Accident? Here's How a Car Accident Attorney Will Help

The aftermath of a car accident can put you under incredible pressure. Not only do you have to receive medical treatment for your injuries, but eventually, you have to address the costs associated with medical bills and repairing the damage done to your vehicle and other types of property. You have to gather and organize persuasive physical evidence to file an insurance claim and if another party committed one or more acts of negligence, a civil lawsuit that seeks monetary damages.

Add on top to the typical responsibilities of dealing with the aftermath of a vehicle collision is the fact that you have been charged with an accident. If you were charged with an accident, here’s how a car accident attorney will help.

Conduct a Thorough Investigation

An experienced car accident attorney knows how to collect the type of evidence that can exonerate you of all charges and possibly discover that the other party committed at least one act of negligence. Most car accidents require the presence of a law enforcement agency to conduct a separate investigation, as well as secure the accident scene to protect other drivers and passengers. Photographs of all vehicles involved, as well as images of the accident scene, can lead an investigating officer to determine the cause of the vehicle collision. However, your lawyer can strengthen your case by acquiring traffic camera footage captured at the scene of the accident.

Interview Witnesses

One of your most important responsibilities after an auto crash is to obtain the names and contact information of every witness to hand over to your car accident attorney. Your lawyer interviews each witness to determine whether there is enough legal support to back the physical evidence collected. Witness accounts help describe what happened before, during, and after the car accident, as well as explain in detail the road and weather conditions at the time of the collision.

Interact with the Insurance Company

Dealing with an insurance company following a car accident can be an exercise in frustration. If the insurance company processing your claim discovers you were charged with the accident, the likelihood of you receiving compensation dramatically falls. Many insurance companies like to take advantage of policyholders who do not retain legal representation or hire an attorney, yet file an insurance claim without any legal support. An experienced attorney can help you demonstrate that you did not commit an act of negligence that caused the vehicle collision.

Prove the Other Party Committed at Least One Act of Negligence

If the physical evidence gathered at the scene of the auto crash and witness accounts verify your version of events, your lawyer might be able to turn around your charge of causing the accident by proving the other party should be held legally liable for your injuries. Proving negligence requires demonstrating the presence of four elements, which are a duty of care, breaching the duty of care doctrine, causation, and financial losses. If you can prove the other party committed one or more acts of negligence, you might have a strong enough case to file a civil lawsuit that seeks monetary damages.

The Bottom Line

If you have been charged with an accident, act with a sense of urgency by hiring an experienced car accident attorney. Without legal representation, you might lose more than the financial losses that are associated with lost wages, medical bills, and the cost of repairing property damage.

How Long Does It Take For a Car Accident Attorney to Get Results?

As a victim of a car accident, you must follow a series of steps to improve your chances of getting the compensation that you deserve to pay off medical bills. You also need money to pay for property damage and the income lost because your injuries forced you out of work.

The first step involves calling 911 to alert the nearest law enforcement agency as to where the car accident took place. Law enforcement officers arrive at the accident scene to secure the area, as well as conduct a thorough investigation that leads to the filing of the official police report. Next, you should receive medical care to treat, as well as develop a plan to rehabilitate your injuries. The third step involves obtaining the contact information of witnesses and taking photos of the accident scene to acquire persuasive physical evidence. Finally, you should schedule a free case evaluation with an experienced personal injury attorney to prepare an insurance claim and determine whether you have a strong enough case to file a civil lawsuit that seeks monetary damages.

With bills piling up fast and no income coming in to pay the bills, how long does it take for a car accident attorney to get results? The answer is it depends on one or more of the following factors.

Time It Takes to Complete an Investigation

Unless you got involved in a minor fender bender, a law enforcement agency conducts an extensive investigation that helps your personal injury lawyer discover two important answers. The official police report defines the cause of the car accident and whether another party should assume legal liability for causing you harm. Although the investigation conducted by the appropriate law enforcement agency should not take more than a couple of days, filing the official police report can take several days to a few weeks depending on the complexity of your case.

Processing an Insurance Claim

Before you contact an insurance company, you should first speak with a state-licensed personal injury lawyer to receive advice on how to file the most convincing claim. Insurance companies prefer to deal with policyholders who do not retain legal representation. The more complicated the vehicle collision, the longer it takes for an insurance adjuster to issue a decision regarding a claim. One of the most important reasons to hire a car accident lawyer concerns the tendency of insurance adjusters to delay processing claims. With an experienced personal injury attorney providing legal support, you should receive a decision on your claim in a timely manner.

Unless you need to file an appeal to overturn a denied claim, you should get approved for compensation no longer than two months after filing your claim.

The Litigation Process

If your personal injury attorney can prove the presence of the four elements of negligence, you might have a strong enough case to file a civil lawsuit that seeks monetary damages. The litigation process can drag on for several months or even longer if the judicial docket is backlogged with pending lawsuits. However, your car accident lawyer can ask the other party to negotiate a settlement, which can significantly decrease the amount of time it takes for your attorney to get results.

Your lawyer submits a reasonable offer that the other party can accept or reject. If the other party rejects your initial offer, you might receive a counteroffer or both parties agree to prepare for the trial phase of the litigation process.

Will a Car Accident Attorney Help Me Get a Larger Claim?

How you respond to a car accident goes a long way toward determining whether you receive compensation to cover financial losses such as medical bills, property damages, and lost wages. You should call 911, seek immediate medical care, and provide information for law enforcement to include in the official police report. Shortly after the car accident, you should file a claim with the proper insurance company. Many victims of car accidents refuse to hire an attorney to help them file the most persuasive insurance claims. Much of the decision not to seek legal counsel is based on perceived high attorney fees. However, after conducting a cost-benefit analysis, you should quickly reach the conclusion that hiring a personal injury lawyer is a fiscally responsible strategy.

According to a study released by the Insurance Research Council, auto collision victims that retain legal counsel receive more compensation by filing insurance claims. The same study discovered that in a majority of cases, the claims settled by insurance companies involved the participation of a personal injury attorney.

One important note: A vast majority of personal injury attorneys charge on a contingency fee basis, which means you should not have to pay upfront fees to gain the most experienced legal representation.

Car Accident Attorneys Act as Intermediaries

Hiring a state-licensed car accident lawyer demonstrates to the insurance company that you are serious about receiving just compensation from a claim. An attorney acts as an intermediary between you and the insurance company by monitoring the progress of your claim and interacting with a claims adjuster. Insurance companies tend to take advantage of claimants that do not retain legal counsel. Hiring an experienced car accident attorney prevents that from happening.

Calculates a Reasonable Value for Monetary Damages

One of the most frequently cited reasons for denied or undervalued insurance claims concerns an unreasonable value request for compensation. An experienced car accident attorney calculates a fair value for compensation by adding up the bills associated with medical care and property damage. For lost wages, an auto crash lawyer refers to bank statements and employer timekeeping records. You also have the right to request compensation for non-economic damages, such as the costs associated with pain and suffering.

Negotiate a Settlement

Just because an insurance company denies a claim does not mean the process for seeking compensation is over. Hiring an experienced car accident attorney provides you with a negotiator who tries to find common ground with the insurance company. After receiving a denied claim, your lawyer submits an offer to settle the claim. A series of counter offers can follow until either both parties reach an agreement or the claim ends up in the legal system for resolution.

Proves Negligence

Filing an insurance claim is not the only way you can receive compensation for the financial losses produced by a vehicle collision. A personal injury attorney conducts an exhaustive investigation to determine whether another party committed one or more acts of negligence that caused your injuries. If your attorney discovers another party committed at least one act of negligence, then you might have a strong enough case to file a civil lawsuit that seeks monetary damages.

4 Great Reasons to Enlist the Aid of a Car Accident Attorney

Getting involved in a car accident can cause one or more injuries, as well as trigger emotional distress issues such as fear and anxiety. Although the aftermath of a vehicle collision can leave you confused as to how to address your injuries and financial losses, you should act with a sense of urgency by contacting an experienced car accident attorney.

The most important reason to enlist the aid of a car accident attorney concerns getting the compensation that you deserve for suffering financial losses. An auto collision can result in medical bills that run into thousands of dollars. Add to medical bills lost wages and the cost to repair property damage, and you might find yourself in a deep financial hole. Working with a state-licensed personal injury lawyer can help you recover financial losses.

Here are four other great reasons to enlist the aid of a car accident attorney.

Filing an Insurance Claim

Insurance companies prefer to process claims filed by policyholders that are not represented by a personal injury lawyer. Without legal representation, the insurance company processing your claim might either deny it or approve a claim valued well below what you deserve. By hiring an experienced car accident attorney, the insurance company processing your claim knows you are serious about receiving just compensation.

Your lawyer gathers and organizes the physical evidence you need to file a persuasive insurance claim.

Determining the Amount of Compensation

Filing an insurance claim and a civil lawsuit that seeks monetary damages requires your personal injury lawyer to calculate a fair value for compensation. Your attorney combines the tangible costs associated with medical bills, repairs to property damage, and lost wages. Non-economic damages cover the emotional issues that arise from trauma produced as the result of a vehicle collision. Your lawyer calculates a reasonable value for non-economic damages by using a formula that factors in the value of economic damages.

Prove Negligence

To file a civil lawsuit that seeks monetary damages, your car accident attorney must prove the presence of the four elements of negligence. Duty of care means another party assumed the legal responsibility to ensure your safety. Breaching the duty of care doctrine involves another party committing an act of negligence that caused your harm. The third element of proving negligence involves showing the judge hearing your case that the car accident produced your injuries. Finally, the injuries sustained as a result of an auto crash must have generated financial losses.

Filing a Personal Injury Lawsuit Before the Deadline

Each state has established a deadline for filing a personal injury lawsuit that seeks monetary damages. Also referred to as the statute of limitations, the deadline for filing a personal injury lawsuit in most states is between two and four years. By hiring an experienced car accident attorney, you can rest assured that you will file a personal injury lawsuit before the expiration of the statute of limitations.

If you fail to meet the deadline for filing a personal injury lawsuit in the state where you live, you can expect the court clerk processing your case to remove it from the judicial docket.