Liability for injuries caused by slip and fall accidents is based in negligence. The general idea behind this theory is that all landowners owe others a duty to use reasonable care to prevent injuries on their property. However, what type of duty a landowner owes to a particular person depends upon the person’s status on the property. The state of Florida recognizes three broad classes of visitors when determining the duty that a landowner owes to them:

^ Lawyers Cooperative Publishing. New York Jurisprudence. Automobiles and Other Vehicles. Miamisburg, OH: LEXIS Publishing. p. § 720. OCLC 321177421. It is negligence as a matter of law to drive a motor vehicle at such a rate of speed that it cannot be stopped in time to avoid an obstruction discernible within the driver's length of vision ahead of him. This rule is known generally as the `assured clear distance ahead' rule * * * In application, the rule constantly changes as the motorist proceeds, and is measured at any moment by the distance between the motorist's vehicle and the limit of his vision ahead, or by the distance between the vehicle and any intermediate discernible static or forward-moving object in the street or highway ahead constituting an obstruction in his path. Such rule requires a motorist in the exercise of due care at all times to see, or to know from having seen, that the road is clear or apparently clear and safe for travel, a sufficient distance ahead to make it apparently safe to advance at the speed employed.


Our firm handles workers' compensation and personal injury claims in Chicago, Berwyn, Joliet, Cicero, Waukegan, Chicago Heights, Elgin, Oak Park, Oak Lawn, Schaumburg, Bolingbrook, Glendale Heights, Aurora, Niles, Schaumburg, Arlington Heights, Naperville, Plainfield and all of Cook, DuPage, Lake, Will, McHenry, LaSalle, Kankakee, McLean and Peoria Counties.
Take as many pictures, notes, and recordings of conversations as possible. After you’ve secured all of this, we recommend you speak to a personal injury attorney as soon as possible. First, you should get medical attention. When you get medical attention immediately after an accident, it established a track record of your injuries – which proves the injuries happened as a result of the accident.
The first thing that the lawyer will do is thoroughly interview you about how the accident happened, your background, and your medical condition and medical treatment. The lawyer wants to know everything that you know about the accident and your injury and treatment. Lawyers don’t want to be surprised, so make sure to answer all questions as completely as you can.
Birth Injuries Birth injuries are particularly devastating for your family. A negligent mistake by an obstetrician or other medical professional can result in physical injuries to a newborn, and it can also lead to lasting conditions, such as cerebral palsy, paralysis, and brain damage. This can be traumatic to the children and the parents, as well as a major financial strain on the family.
Auto accidents happen and often result in injury, pain, lost productivity, and can even cause future pain and problems. In fact, whether you know you are injured or think you’re fine, it’s important to seek qualified, medical care after every automotive accident. Delaying your evaluation and treatment could leave your injury — whether it is known or hidden — to worsen and could result in you losing coverage for your injury by the at-fault party’s auto insurance policy.
Conditions such as poor lighting, limited visibility, lack of company policy enforcement and lack of reasonable justification are all factors that contribute to the determination of negligence in a slip and fall case. Plaintiffs are burdened with the responsibility of proving that the liable party could have take some other action to prevent the accident but failed to do so. They must also prove that even if there was a valid reason for the obstruction to be present, that the justification was not longer valid at the time of the accident occurred, and that no preventive measures were exercised in order to prevent the occurrence. While the burden of proof rests with the plaintiff, the facts of the case will present the affirmations or declarations necessary to determine the degree of negligence involved.

^ Charles, Geoffrey (11 March 1969). "Cars And Drivers Accident prevention instead of blame". The Times. The Times. Quoting from JJ Leeming in Accidents and their prevention: "Blame for accidents seems to me to be at best irrelevant and at worst actively harmful." ... "Much of the Leeming case is that by attributing blame and instituting proceedings against the motorist, the law virtually guarantees that none of the participants will be wholly truthful, so that the factors that really led to the accident are never discovered."
The only way to sue after a settlement negotiation is to back out before accepting the opposition’s offer and instead move to a trial. The risk is greater, but so is the potential reward. The trial value of a personal injury claim is almost always higher than the settlement value, and the plaintiff could secure much more compensation; however, trials take longer and will generate more legal fees for the plaintiff.
A 1985 study by K. Rumar, using British and American crash reports as data, suggested 57% of crashes were due solely to driver factors, 27% to combined roadway and driver factors, 6% to combined vehicle and driver factors, 3% solely to roadway factors, 3% to combined roadway, driver, and vehicle factors, 2% solely to vehicle factors, and 1% to combined roadway and vehicle factors.[14] Reducing the severity of injury in crashes is more important than reducing incidence and ranking incidence by broad categories of causes is misleading regarding severe injury reduction. Vehicle and road modifications are generally more effective than behavioral change efforts with the exception of certain laws such as required use of seat belts, motorcycle helmets and graduated licensing of teenagers.[15]

Damages are categorized as either special or general. In torts, special damages are measurable costs which can be itemized such as medical expenses, lost earnings, and property damages whereas general damages include less measurable costs such as pain and suffering, loss of consortium, the effects of defamation, and emotional distress. Personal injury torts may result in claims for both special and general damages.
This typically involves three vehicles, two driven by criminals and the third by an innocent victim. The driver of the “squat” vehicle pulls in front of the victim’s car. The driver of the “swoop” vehicle pulls in front of the squat vehicle, causing the driver of the squat vehicle to hit his brakes. The victim cannot react in time and rear-ends the squat vehicle. The swoop vehicle races off and is not seen again. The victim then typically is responsible for any vehicle damage and personal injury to passengers in the squat vehicle.
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.
We’re proud to say that our personal injury lawyers in Los Angeles, are recognized as leaders in the state of California. Our firm has won millions, in compensation for our clients. We’ve been recognized by many lawyer ranking platforms, like Super Lawyers, Million Dollar Advocates Forum, and many others. Our founding partner, Joel Farar – was named a 2012-2016 Super Lawyers Rising Star – which is an honor given to only 2.5% of the top personal injury attorneys in California.
Seek immediate medical attention following a car crash. Even if you feel as if you are not injured, there may be a hidden condition that could have serious repercussions if left untreated. By seeking medical attention immediately after an auto accident, you are obtaining documented evidence that the injury was a direct result of the collision. The longer you wait to see a physician, the more difficult it becomes to prove that the injury was caused by the accident.

A settlement occurs when an insurer or defendant and the plaintiff agree upon an offer of payment to the injured person. An offer can be made before a lawsuit is even filed, while the case has gone to trial, or even while a jury is deliberating. Once the settlement agreement is reached, the plaintiff relinquishes claims arising out of that specific incident, and signs a release.
Our Colorado premises liability lawyers will review the specifics of your accident and answer your questions during a free consultation. We will assess whether the property owner owed a duty of care to you and is potentially liable for your injuries. We will determine whether the property owner created or left unrepaired conditions that caused the accident and whether you contributed to your own injury. We all have a certain responsibility to remain aware of our surroundings. You may still have a case even if you were partially responsible for a premises liability accident. If your case is the type that we handle, we will offer to represent you on a contingency fee basis. Our attorneys will investigate the accident, determine all the potentially liable parties and the sources of insurance available to provide compensation.

If you answered “yes” to each of the questions discussed above, you may have a valid personal injury lawsuit or claim. Because filing a personal injury lawsuit can have serious legal and financial consequences, and requires a thorough knowledge of the laws and legal system, it is best to consult with an experienced personal injury lawyer before considering doing so.

Loss of consortium. In personal injury cases, "loss of consortium" damages typically relate to the impact the injuries have on the plaintiff's relationship with their spouse -- the loss of companionship or the inability to maintain a sexual relationship, for example. Some states also consider the separate impact on the relationship between a parent and their child when one is injured. In some cases, loss of consortium damages are awarded directly to the affected family member rather than to the injured plaintiff.
The cases involving a property owner or occupant that "should have known" of a slippery surface can be the most challenging to prove. For example, in a slip and fall that occurs on a wet floor in a grocery store, a crucial issue will be how long the floor was wet. The longer the floor was wet, the more likely it is that the storeowner knew or should have known that the hazardous surface existed and failed to warn customers or otherwise guard against slip and falls. Unfortunately, in many cases, it is hard to determine how long the surface was wet. If you are injured in a slip and fall, it is a good idea to get the name and contact information of any witnesses, especially if they were present in the location over a long period and can give some idea of how long the hazardous surface existed.
The information on this website is for general information purposes only. Nothing on this site should be taken as legal advice for any individual case or situation. This information is not intended to create, and receipt or viewing does not constitute, an attorney-client relationship. If we do not win, you will not be responsible for attorney's fees, court costs, or litigation expenses. If you do win, these expenses and unpaid medical bills will be taken from your share of the recovery.

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If you have been injured in this way, first consider that it is a normal part of living for things to fall on or to drip onto a floor or the ground, and for smooth surfaces to become uneven. Also, some things put in the ground -- drainage grates, for example -- serve a useful purpose there. So a property owner (or occupier) cannot always be held responsible for immediately picking up or cleaning every slippery substance on a floor. Nor is a property owner always responsible for someone slipping or tripping on something that an ordinary person should expect to find there or should see and avoid. We all have an obligation to watch where we're going.
Immediately! The laws regarding automobile accidents are becoming increasingly complex and can be very confusing. Whenever you have been in an accident, as a driver or passenger, and have any questions, please feel free to contact any of the New Jersey car accident Lawyers at Stark & Stark – free of charge. Stark & Stark’s auto accident and injury attorneys will earn a fee only if settlement money is collected on your behalf.

The law firm of Briskman Briskman & Greenberg represents injured people throughout Illinois, including Chicago, the Chicagoland area, Joliet, Waukegan, Cicero, Evanston, Arlington Heights, Wheaton, Bolingbrook, and Naperville, as well as other cities within Cook County, Will County, DuPage County, Lake County and McHenry County. Briskman Briskman & Greenberg also represents injured people throughout Wisconsin, including Kenosha, Milwaukee, and Madison.

Some of these damages are economic, such as medical bills and lost wages. Others are noneconomic, such as pain and suffering and diminished quality of life. Economic damages are generally easy to calculate. Noneconomic damages are more difficult to calculate, and you may need to consult with an experienced personal injury lawyer to make reasonable estimates.
At Gruber Law Offices LLC, our lawyers have been awarded membership in the Million Dollar Advocates Forum, named among Wisconsin Super Lawyers®, and listed among the National Trial Lawyers Top 40 Under 40 and Top 100 Trial Lawyers in the U.S. We are committed to protecting the rights of our injured clients and pursuing the compensation they need and deserve.
At Chris Mayo Law Firm, we have a stellar record of client satisfaction and legal victories. Our experienced lawyers have worked on auto accidents around San Antonio and throughout South Texas for decades. Additionally, we can help you with legal issues that might come up in conjunction with your crash. Our personal injury attorneys can help you pursue damages from the party or parties responsible for the accident.

The filing of the lawsuit starts the clock running on when the case might get to trial. Every state’s pretrial procedures are different, but generally it will take one to two years for a personal injury case to get to trial. Keep in mind that a lawsuit needs to be filed within strict time limits that every state has set by passing a law called a statute of limitations.

You may find this process frustrating, and even exasperating. However, the more information and documentation you provide to the insurance company, the more likely you are to receive fair compensation from the insurance company for all of your damages. Remember, the insurance company is not required to reach a settlement agreement with you. The insurance company may say at some point, “This is the best offer we’re going to make – if you want more money, then file a lawsuit.” (More: When Injury Settlement Talks Fail.)


There are demographic differences in crash rates. For example, although young people tend to have good reaction times, disproportionately more young male drivers feature in collisions,[20] with researchers observing that many exhibit behaviors and attitudes to risk that can place them in more hazardous situations than other road users.[18] This is reflected by actuaries when they set insurance rates for different age groups, partly based on their age, sex, and choice of vehicle. Older drivers with slower reactions might be expected to be involved in more collisions, but this has not been the case as they tend to drive less and, apparently, more cautiously.[21] Attempts to impose traffic policies can be complicated by local circumstances and driver behavior. In 1969 Leeming warned that there is a balance to be struck when "improving" the safety of a road:[22]
On the opposite end of the tort spectrum, there are scenarios in which defendants will be liable even though they did everything possible to avoid causing the harm. This is referred to as strict liability. The law will hold a defendant strictly liable if someone is hurt while the defendant is engaging in a highly dangerous activity, even if the activity is legal and all precautions are taken. Building demolition and transporting hazardous materials fall into this category.
By hiring our attorneys, you are retaining a team of legal professionals that will help provide relief from disputes with insurance companies and other legal hassles that prevent you from focusing on your recovery. We will personally handle any uncooperative insurance providers and will act as your representative if you choose to take legal action against the at-fault party.
The World Health Organization, a specialized agency of the United Nations Organization, in its Global Status Report on Road Safety 2009, estimates that over 90% of the world’s fatalities on the roads occur in low-income and middle-income countries, which have only 48% of the world’s registered vehicles, and predicts road traffic injuries will rise to become the fifth leading cause of death by 2030[74]
Litigation represents the bread and butter of many law firms, so the employment outlook for personal injury attorneys is good. However, tort reform—proposed changes in common law civil justice systems that would reduce tort litigation and cap damage awards—could potentially reduce the number of claims filed and the damages recovered by plaintiff attorneys in the future.
At the Phillips Law Group, we understand that a car accident can be an overwhelming experience. For this reason, we handle every aspect of the claims process, allowing you to focus on recovering from your injuries. As experienced Phoenix auto accident lawyers, we have handled thousands of car accident claims and have negotiated settlements and recovered trial verdicts that have resulted in millions in compensation for victims and their families. We are one of the largest consumer law firms in Arizona and are committed to aggressively defending the rights of our clients. Contact us for a free, no obligation consultation to discuss the terms of your claim. All of our Phoenix personal injury attorneys charge no fees unless we help you recover compensation for your case.
When dealing with an insurance company, you may feel like you can file a claim and negotiate a settlement on your own. And that may be true if you only suffered minor property damage, such as a small ding to your car. However, if you are coping with any injuries, it is worth scheduling a free consultation with an experienced personal injury attorney.  
Personal injury law refers to the legal remedies and defenses involved in civil lawsuits brought as a result of wrongful conduct. In fact, the word "tort" comes from a Latin term meaning twist, wrong, or harm. In contrast to criminal law, a tort action does not involve the government prosecuting the wrongdoer. Rather, these cases involve a private plaintiff seeking compensation (usually money) for the harm caused by the defendant's actions.
The next thing that you will have to do for anything more than a minor claim is to choose a lawyer. You should choose the lawyer soon after the injury. You can certainly settle a small personal injury claim yourself (although a lawyer is generally useful even for smaller claims), but you will absolutely need a lawyer for any personal injury claim where you suffered significant injury or other losses.
At The Sawaya Law Firm, our practice has been dedicated exclusively to helping injured people for more than 35 years. We have helped thousands of people in Denver, Greeley, and throughout northeastern Colorado and the Rocky Mountains. Many of our attorneys, including our founding attorney, Michael G. Sawaya, have been listed among Colorado Super Lawyers®.
Slip & Fall Accidents/Premises Liability Slip & fall lawsuits are a bigger deal than some think. After all, you didn’t just fall for seemingly no reason. This isn’t just a matter of you being a clutz. Those who slip and fall on someone’s property may find themselves with an injury that could have been avoided had the property owner not neglected to repair their broken facilities. Sometimes a grocery store or restaurant fails to clean up spilled food, drink, or cleaning solution. A railing could be loose. Steps could be loose and in poor condition. The list goes on.
If liability is assessed against the defendant, the judge or jury will then determine the appropriate amount of money damages to be awarded to the plaintiff. The amount of personal injury damages will depend on a number of factors, such as the specific legal claim, the circumstances of accident, the extent of the victim’s injuries, the impact of the victim’s injuries, and the laws of the jurisdiction. Personal injury damages may include compensatory damages, including: medical expenses, lost wages, pain and suffering, disability, and emotional distress.
If liability is assessed against the defendant, the judge or jury will then determine the appropriate amount of money damages to be awarded to the plaintiff. The amount of personal injury damages will depend on a number of factors, such as the specific legal claim, the circumstances of accident, the extent of the victim’s injuries, the impact of the victim’s injuries, and the laws of the jurisdiction. Personal injury damages may include compensatory damages, including: medical expenses, lost wages, pain and suffering, disability, and emotional distress.
Litigation represents the bread and butter of many law firms, so the employment outlook for personal injury attorneys is good. However, tort reform—proposed changes in common law civil justice systems that would reduce tort litigation and cap damage awards—could potentially reduce the number of claims filed and the damages recovered by plaintiff attorneys in the future.

A 1985 US study showed that about 34% of serious crashes had contributing factors related to the roadway or its environment. Most of these crashes also involved a human factor.[14] The road or environmental factor was either noted as making a significant contribution to the circumstances of the crash, or did not allow room to recover. In these circumstances, it is frequently the driver who is blamed rather than the road; those reporting the collisions have a tendency to overlook the human factors involved, such as the subtleties of design and maintenance that a driver could fail to observe or inadequately compensate for.[50]
Some crashes are intended; staged crashes, for example, involve at least one party who hopes to crash a vehicle in order to submit lucrative claims to an insurance company.[26] In the USA, in the 1990s, criminals recruited Latin immigrants to deliberately crash cars, usually by cutting in front of another car and slamming on the brakes. It was an illegal and risky job, and they were typically paid only $100. Jose Luis Lopez Perez, a staged crash driver, died after one such maneuver, leading to an investigation that uncovered the increasing frequency of this type of crash.[27]
Comparative negligence is used in personal injury cases to determine what percentage of fault rests with the plaintiff and what percentage rests with the defendent. For example, the state of Georgia has what is called "Modified Comparative Negligence". This means that the amount of damages a plaintiff is awarded will be reduced by their percentage of fault for their accident. However, if the court determines that the plaintiff was at least 50% at fault for their accident, they are not eligible to receive any compensation.
The cases involving a property owner or occupant that "should have known" of a slippery surface can be the most challenging to prove. For example, in a slip and fall that occurs on a wet floor in a grocery store, a crucial issue will be how long the floor was wet. The longer the floor was wet, the more likely it is that the storeowner knew or should have known that the hazardous surface existed and failed to warn customers or otherwise guard against slip and falls. Unfortunately, in many cases, it is hard to determine how long the surface was wet. If you are injured in a slip and fall, it is a good idea to get the name and contact information of any witnesses, especially if they were present in the location over a long period and can give some idea of how long the hazardous surface existed.
Auto accidents happen and, far too often, the result of these accidents is pain, injury, lost productivity, and future pain and problems for the people involved. In fact, many people who are involved in an auto accident have injuries that they don’t even know about because the symptoms can take weeks to manifest. That’s why it’s so important to make sure that you quickly seek qualified medical care after you have been in an accident — even if you feel fine.
Sometimes your car accident may be much more serious than just an ordinary “fender bender.” If you suffer injuries in a car accident, the legal issues involved become much more complicated. In addition to those items of damages listed above, you may be entitled to reimbursement of medical expenses or lost wages. You may also claim compensation for your mental and physical pain and suffering stemming from the accident.

Our Los Angeles personal injury attorneys are on your team. That means we’re with you 100% of the way. We prove this, by never charging any upfront fees. In addition, we only get paid if, and when, we win your case. That means if we can’t win your case – we don’t charge any fees. Our Los Angeles personal injury lawyers work on a contingency fee basis, meaning we have no upfront fees. If you don’t have medical insurance, we can even help get you treated – without upfront fees. In order to get started, we encourage you to contact us. We offer a risk free consultation – you have virtually nothing to lose.
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