Workers’ Compensation: Workers injured on the job should be able to easily obtain the benefits they are entitled to receive. Unfortunately, that is not always the case. Employers or their insurance companies may dispute the validity of the claim, the time needed for recovery before returning to work, or the degree of disability caused by the injuries. If you have been seriously injured in a workplace accident, it is in your best interests to have an experienced attorney with The Sawaya Law Firm by your side for your workers’ compensation claim.
The term "reasonable" often comes up in settlement negotiations and at other key stages of slip and fall cases. That's because, in order to be held "negligent" and therefore liable for damages in a slip and fall case, a property owner (or the owner's agent or employee) must have failed to act as a reasonably prudent person would have acted under circumstances similar to those leading up to the accident. In trying to assess whether the defendant acted reasonably, here are some factors that plaintiffs should consider:
Accidents happen, and injuries are often the result, but when the accident was caused by something (or someone) outside of your control, you may wonder if you have any options for legal recourse. This article discusses the key issue in a slip and fall accident claim: Liability. Whether you are pursuing an insurance settlement or personal injury lawsuit, to win your case you will need to be able to prove that someone else – usually the property owner -- is liable for your injuries.
After the accident: failure to mitigate damages. The law in most states expects plaintiffs in personal injury cases to take reasonable steps to minimize or "mitigate" the financial impact of the harm caused by the accident. If an injured plaintiff just sits back and rests on their proverbial laurels when it isn't reasonable to do so (by failing to get necessary medical treatment after an accident, and making their injuries much worse, for example) a damages award might be significantly reduced. (For more information on defense strategies that can counter an injury claim, read Nolo's article Defenses in Personal Injury Cases.)
Conversely, a location that does not look dangerous may have a high crash frequency. This is, in part, because if drivers perceive a location as hazardous, they take more care. Collisions may be more likely to happen when hazardous road or traffic conditions are not obvious at a glance, or where the conditions are too complicated for the limited human machine to perceive and react in the time and distance available. High incidence of crashes is not indicative of high injury risk. Crashes are common in areas of high vehicle congestion, but fatal crashes occur disproportionately on rural roads at night when traffic is relatively light.