Premises Liability is a legal principle defining the responsibility a building or property owner bears should someone suffer an accident and sustain an injury on the premises. If you feel you were involved in an accident and sustained injuries due to the negligence of a property owner, an experienced personal injury attorney may be able to help. Here are five important things to consider about premises liability cases.

1. What Are The Premises Liability Case Basics?

Premises Liability cases fall under the category of personal injury law. Typically, such injuries occur due to accidents caused by dangerous conditions present inside a building or on a property. In order to win a premises liability case, you and your legal team will need to prove a property owner’s negligence caused your accident.

2. What Are the Types of Premises Liability Cases?

Premises Liability accidents come in a wide array and can take place in many different locations. Such mishaps can include, but are not limited to:

Slip and fall incidents.
Failure of a property owner to warn a visitor about a potentially hazardous situation.
Failure of a property owner to provide adequate security.
Animal attacks resulting in bites or other injuries.
Flooding.
A visitor to a property being exposed to poisonous chemicals or inhaling toxic fumes.
Fire.
Accidents involving a property owner’s failure to remove snow and ice from structures such as parking lots and steps.
Accidents occurring in and around swimming pools.
Injuries sustained on amusement park rides.

3. What Was Your Individual Status at the Time of the Accident?

The law mandates property owners maintain as safe and comfortable an environment as possible. However, in certain states, a property visitor’s “status” could significantly determine how much responsibility a property owner may bear in a premises liability case. Status is broken down into three categories:

Invitee.
Licensee.
Trespasser.

An invitee is someone the property owner invites into his or her establishment, such as a consumer with whom they hope to do business. A licensee is an individual the property owner has permitted into his or her establishment. Typically, licensees are on the premises for a specific purpose, often to perform work such as a plumber or electrical contractor. A trespasser is considered to have no business on a specific premises and is often there for sinister or criminal reasons. Invitees typically have the best chance of prevailing in premises liability case, while trespassers rarely prevail.

4. What Will You and Your Attorney Need to Prove?

In certain instances, premises liability can be technical and complicated. In addition, laws can vary from state to state. However, in most cases, the plaintiff, aside from negligence on the part of the defendant will also need to show:

The defendant was the actual owner of the property where his or her accident occurred and injuries were sustained.
The plaintiff’s injuries are clearly related to the accident in question.

5. Could Both Parties Be Considered at Fault?

In a number of states, premises liability law falls under what is known as the “Comparative Fault System.” This means a court of law could render a decision determining the plaintiff was found to be somewhat responsible for the accident. A simple example would be if a plaintiff is held 10 percent responsible and awarded $10,000 in damages. In this case, the defendant would only be responsible to cover $9,000 or 90 percent of the damages.

Court Reporter

If you are involved in a personal injury lawsuit as a plaintiff, a defendant, or a witness, it is likely you will be participating in an oral deposition at some point. In advance of being called for a deposition, it may be helpful for you to have a basic understanding of the process.

What is an Oral Deposition?

An oral deposition is a standard pretrial procedure conducted in conjunction with a court case.

Depositions are used to establish what a witness or party knows about the suit and to preserve that information in a formal manner.
Written notice of the time and place of the deposition is given ahead of time.
A witness who is not one of the parties to the case may be subpoenaed to attend.

What Happens at a Deposition?

At the deposition, the person who is being examined is put under oath, usually by a court reporter, and the attorneys for each side will then ask questions.

The questions and answers are recorded in writing by the court reporter. Sometimes, a tape recording or video of the deposition will be made.
The lawyers for each side are given a chance to ask questions, including cross-examination questions.
The questioning is done formally, just as it would be done in a courtroom during a trial.
If the witness refuses to answer a question, the court might, at a later time, order the witness to answer.
In addition, there may be objections or conversations between the lawyers.
Everything spoken is recorded unless the attorneys agree to have a conference off the record.

What Kinds of Questions Are Asked During a Deposition?

During the deposition, a witness who is not a party to the case will probably be asked about what was seen and heard before, during or after the event which led to the personal injury claim. Such a witness may have seen, for example, the underlying traffic accident or slip and fall incident. Or, a witness may have relevant knowledge about how the injury has affected the plaintiff or what the plaintiff went through while recovering from the injury.

Who Might be Asked to Attend a Deposition?

Doctors who have treated the plaintiff, or doctors hired by the insurance company to examine the plaintiff, can be questioned at a pretrial deposition. These doctors may be asked about any diagnosis or prognosis, about the type and cost of the treatment for the injury, and about any limitation or permanent injury suffered by the plaintiff.
The plaintiff in a personal injury case will almost certainly have to submit to questioning at a pretrial deposition.

What Questions Will the Plaintiff Be Asked?

The plaintiff will not only be asked specifically about the injury suffered in the incident but also about any prior accidents or injuries. The defendant’s lawyer will also go into everything relevant to the victim’s damages such as medical expenses, wage loss, pain and suffering, permanent injuries, limitations, and loss of enjoyment of life.

If you are the plaintiff or defendant who must testify at a deposition, you should do so in the presence of your attorney. A personal injury case can be won, lost or irreparably harmed on the strength of a single deposition. Choose an experienced and qualified personal injury attorney who can protect your rights during a deposition.

1) Not Seek Medical Treatment

Some injuries are not immediately apparent. Adrenaline from an accident can mask an injury that may only be apparent after time. Failing to seek medical treatment at the time of the accident can undermine your legal and insurance claims. Insurers may argue that a delay in treatment could signal the injury was not serious. As a best practice, it would be recommended that a physician conduct an examination following an accident.

2) Fail to Get An Accident Report

Without a police report, an accident claim would turn into he said versus she said. It is important to have a third party accident report prepared by law enforcement which will determine fault, liability, obtain contact information and describe the accident scene among other uses. Although there may be a delay in waiting for law enforcement to arrive at the scene of the accident, it will serve you well in the long run. Without an accident report there will be difficulty in corroborating statements, as a car accident lawyer Phoenix AZ relies on would explain.

3) Give a Statement to Insurance

Accidents are stressful. Being under stress impacts everything from your memory to your descriptions or other statements about an accident. This can impair the way in which an insurance company will later approve or deny your claim. There is a reason why insurance companies always ask for a statement as quickly as they can. If any insurance company requests a statement from you, you should not rush to provide it. You can instead simply state that you are not ready to provide a statement at this time and defer it to a later time. There is no rush.

4) Fail to Document Your Accident

After an accident it is important to photograph and note any relevant information. Pictures of damage to vehicles, pictures of the accident scene itself, notes and contact information for any witnesses: these are all vital details which may be lost if not properly documented. Cars can be moved, towed, destroyed, witnesses can leave the scene and this information would be lost. This information may be asked for later by your insurance company and it would be important to have it available.

5) Don’t Apologize

Your words matter! Any statements you make in an emotional state can be used against you when determining fault. Even something as basic as an apology can be construed against you. Apologies can quickly become admissions of liability and you need to be careful and mindful about what you say.

Distracting driving continues to be a massive problem nationwide, causing thousands of injuries and fatalities in related accidents each year. With this troublesome trend in mind, the National Highway Traffic Safety Administration (NHTSA) has christened April as “National Distracted Driving Awareness Month.”

Distracted driving is more than just cell phone use. Any action that takes a person’s attention off of the road and his or her surroundings is considered distracted driving, according to the NHTSA. Many people drive distracted and do not even realize they are doing it because it doesn’t involve texting.

There are three types of distracted driving: visual, manual and cognitive.
In visual distracted driving, the driver takes his or her eyes off the road. This could entail glancing down at a radio or looking out of a side window instead of the windshield; it’s anything that takes the eyes away from the road ahead and the immediate surroundings. Manual distracted driving occurs when a person is taking her or his hands off of the wheel to do something else, such as change a radio station or eat food. In cognitive distracted driving, the driver’s mind is focused on something other than driving. Some actions can include more than one type of distracted driving at one time. Texting, for example, takes a person’s mind, eyes and hands away from driving. Eating or checking a GPS could also involve all three categories of driving while distracted.

The statistics paint a grim picture

Distracted driving is a problem that has gotten worse over the years, as technology has made its way firmly into society and more people have cell phones and other distracting devices. NHTSA reports that in 2015 alone, 391,000 people were injured and 3,477 people died because of crashes that involved distracted drivers. Studies estimate that around 660,000 drivers use their cell phones while on the road during the day, creating a deadly potential for more accidents, injuries and deaths related to this unsafe behavior.

NHTSA is leading the charge

The Administration is working to turn the dangerous trend of distracted driving around by increasing awareness of and education about the topic. Leading the way in its efforts is devoting an entire month to the problem. NHTSA partners with local and state law enforcement departments to run campaigns that reach drivers and get them to understand the risks and costs of distracted driving. Throughout April, the Administration combines its national ad campaign with a crackdown by local law enforcement across the country. This initiative is known as “U Drive. U Text. U Pay.” It runs for around a week each April and aggressively targets cell phone use while driving. During this period, law enforcement officials aim to catch and ticket distracted drivers who are using their phones.

Despite having an entire awareness month of its own, distracted driving continues to contribute to crashes all around the US. If you have been injured because of a distracted driver, seek the advice of an experienced auto accident lawyer Denver CO relies on today to protect your rights.

“What we’ve got here is failure to communicate.”

This famous quotation from the 1967 film Cool Hand Luke, summarizes the main reason personal injury attorneys lose clients. Successful client communication can go a long way to help you retain existing clients as well as to grow your future client base. Following a few simple rules will best accomplish this:

Be disciplined in keeping a set schedule to speak with your clients. Even if you don’t have anything monumental to report, touch base with them on a regular, set basis, even to just say “hi.”
Schedule periodic in person meetings in your office. Take this opportunity to show the client the file and any new paperwork. Discuss the next steps and keep the client involved. Don’t rush these meetings, so be careful to schedule them when you have the time to spend.
Be upfront and candid about any problems or setbacks in the case. Don’t let the client find out from someone else. Nowadays, with the advent of ecourts, elaw and other comparable public court resources, most court dockets are accessible online. Some clients keep track of their case progress from their own computer.
Get to know your client. Take the opportunity to not only get updates about your client’s treatment, work status etc.… but ask about their family. What are your client’s interests? Hopefully we are in this business because we love what we do and take great pride in helping people. Try to listen more than you talk. This is a people business. Don’t lose sight of this.
Always return client phone calls on the same day you receive them. If that is not possible, have a member of your office staff call the client and let them know you will return the call the following day. A short email to the client will be effective as well.

Yes, these sound like very basic and obvious things that you should be doing to keep your clients satisfied. However, it has been my experience that most attorneys who aren’t a car accident lawyers clients rely on will still ignore the basics. Don’t ever give the client a reason to think that you are too busy for them. If you are too busy for your clients, you may want to find other work. Remember that in matters involving personal injury, you can bet that the case is the most important thing in the client’s life, so make sure you treat it that way.

It can happen to anyone, anytime. A slippery walkway, icy sidewalks, or just tripping over a badly-placed area rug — a sudden fall can happen anywhere. Depending on where you fall and how severe it is, there are a plethora of injuries that can result. Here, we’ll consider the most common injuries and how to resolve the pain.

1) Head injuries are by far the most common injury sustained after a fall. A head injury can result in a minor concussion, or even a traumatic injury in a more severe fall. A concussion, no matter how severe, always needs treatment. Symptoms of a concussion can include headache, nausea, confusion, or vomiting. Although the word concussion may sound dramatic, even a seemingly minor fall involving head injury can result in trauma. Slippery leaves outside, a wet floor, or even stepping out of the bathtub can lead to a fall and a possible concussion.

2) Even minor trips and falls can cause broken bones, especially if you are prone to breaks due to osteoporosis. Broken bones, if not properly treated, can lead to a spiral of more aches and pains. Treating a break with careful therapy is a must to avoid later pain. If you suspect a broken bone, see a chiropractor trust right away. This will prevent any further injury to the area and will get you set in a plan of pain management and rehabilitation.

3) Shoulder injuries, such as dislocation, can easily take place when there is a sudden fall and you may reach out to break the fall. A dislocation or an injury to the brachial plexus nerves can take a toll on your body for the long-term. One way to avoid such injuries is to be careful in the way we descend to the floor during a fall. Tucking in our hands and not attempting to brace ourselves can deflect the possibility of shoulder injuries.

It is also important to slow down in our daily activities. We may be in a habit of rushing out the door and down the front steps, but that constant hurrying can easily turn into a fall and an injury. A few seconds extra to get out of bed, out of the shower, or down the front steps can do a lot to prevent an injury. Staying conscious and cognizant of our surroundings is especially important if we are prone to falls in the first place, or if we have issues with balance and proprioception.

Even if you’ve already suffered an injury, that doesn’t mean you have to get stuck in a cycle of chronic pain.

The short answer to this question is no, the average American worker is not legally obligated to file a report with their employer, or a workers’ compensation claim with the relevant insurer, if they’ve been injured at work. However, reporting an injury to your employer is one of the most important steps you’ll need to take in order to have a successful workers’ compensation claim.

It’s understandable if you’re hesitant to file a report at work after developing a work-related illness or injury. Some employees are fearful that making a claim could hurt their standing at their company, or that the claims process will require too much time and money to be worth it. It’s important to know, however, that filing a claim could be very important after you’ve suffered a work-related injury or illness.

Employees Are Protected After a Work Injury

If you end up choosing to file a workers’ compensation claim, it’s important to have made an initial injury report with your employer. Failing to make this initial report could jeopardize the amount of compensation you are entitled to.

The exact laws that protect employees may vary from state to state, but in general, federal U.S. legislation dictates that employers must provide a safe workplace for employees. The majority of employers are also required to have workers’ compensation policies for employees who are hurt on the job. Federal legislation also states that employers may not retaliate against an employee who files a workers’ compensation claim. It’s possible for the employer to contest the validity of a claim, but it’s unlawful for an employer to retaliate against the employee simply because he or she has been injured at work.

What’s Really At Stake?

Workers’ compensation laws are different in every state but there are a few characteristics of workers’ comp claims that are consistent across the board. If you’re considering filing a workers’ compensation claim, it may help to find as much information about the laws in your own state before making the decision.

Small injuries could potentially turn into major injuries if left untreated. Employers are typically required to save documentation of employee injury reports. Even if your injury is minor, it’s wise to report your injury to your employer.
Repetitive stress injuries can be just as valid as accident-related injuries. This is something that many workers do not realize. A medical condition related to job duties that develops over a period of time, such as carpal tunnel syndrome or upper back pain, may qualify for workers’ compensation payments.
Claims that are initially denied may be appealed. If you’re not sure about the strength of your case, keep in mind that you may be able to repeal the claim if it is denied.

Choosing whether or not to report a work-related injury is essentially a personal decision, but it may be a very wise decision if you’ve been injured at work. Weighing the risks and benefits is up to you, but you don’t have to make the decision alone. An experienced Palm Beach County workers’ compensation lawyer can help you understand the unique factors at play in your case and help you determine if filing for workers’ compensation is in your best interest. Thanks to our friends and contributors from the Law Offices of Franks, Koenig & Neuwelt for their insight into the difference between a claim or lawsuit.

Insurance companies love to see “Degenerative Disk Disease” and other similar diagnoses of degeneration in medical records, and they – inaccurately – deny claims based on the fact that they assert the claim is based on a pre-existing or unrelated injury. Don’t let this deter you from seeking compensation for injuries sustained in an accident where degeneration is present. You are still entitled to compensation for injuries that are related to the accident, along with any damages for the aggravation or exacerbation of a previous injury.

If you have been diagnosed with degenerative disk disease, your condition makes you vulnerable to increased injury, and, pursuant to the well-established “eggshell skull” doctrine, a negligent person who causes injuries is still responsible for the damages they cause, regardless if you were more susceptible to injury than a person without the condition.

What is disk degeneration?

Disk degeneration is a normal part of the aging process. In intervertebral disks, it can cause pain to the point of interfering with daily activities. For most people, it does not cause a problem. From a medical standpoint, the disk reduces its ability to act as a shock absorber as a result of becoming dehydrated.

This causes a decrease in the space between the vertebrae and may also cause discs to bulge outward over time. This degeneration makes people more susceptible to accident or injury, thereby requiring less force to do the same damage to the spine than a younger or more able-bodied person. This is known as a prior infirm condition. Disk degeneration also causes a person to be more inclined to disk herniation. Trauma, such as a car collision or a hard fall, is the most common cause of the activation of symptoms caused by degenerative disk disease.

Plaintiffs will often find that insurance companies use degeneration as an excuse to explain away your post-accident pain. They argue that they shouldn’t have to pay to fix a condition that was already there. It is the pain, however, that is the key. If the traumatic event causes the pain to present or increase, even to the point that a surgery is necessary, the law says that you can recover damages.

This can present extremely complex and nuanced issues that require the expertise of a personal injury lawyer Little Rock AR relies on and a team of medical experts. For these reasons, it is imperative to hire a veteran trial lawyer to deal with issues of exacerbation of pre-existing injuries.

As per the Centers for Disease Control and Prevention, 4,735 pedestrians were killed in traffic accidents in the United States in 2013. Over 150,000 others were treated in emergency rooms. Pedestrians are particularly exposed when hit by a motor vehicle. They don’t have a steel body and frame around them to protect them, and the only crumple zones that they have are their bones and joints. Pedestrians also have no restraint system, and the only thing to cushion the impact is the pavement. Here are some FAQs and answers involving pedestrian accidents.

Can you represent me and sue the driver of the vehicle that hit me?

Yes, a skilled personal injury lawyer Minneapolis MN trusts can sue that driver for your injuries and damages. The most likely cause of action would be negligence. We will need to prove each and every required element of negligence in order for you to be entitled to an award of damages.

What if an immediate family member of mine was killed by a negligent driver?

In the event that an immediate family member was a pedestrian and died in a crash, we can file a wrongful death action. Most wrongful death cases are brought under the law of negligence, so we will still need to prove the elements of negligence to prevail.

Can I collect damages if I was partially at fault?

A person can still collect damages in nearly all states so long as he or she was no more than 50 or 51 percent at fault. In a minority of states a person can still collect damages if he or she was 90 percent at fault. In a smaller minority of states, a person cannot collect damages if any liability at all was attributed to him or her. We will be pleased to discuss any possible issues of comparative negligence with you.

What damages are available in a pedestrian accident case?

Damages consist of both economic and noneconomic damages. Economic damages might be past and future medical and rehab bills along with past and future lost earnings. Funeral and burial costs are also available in wrongful death cases. Non-economic damages can consist of any permanent disfigurement or disability, pain and suffering, and loss of a normal life.

What happens if the person who hit me had no insurance?

Almost all uninsured motorist insurance covers you and your immediate family members who are residents of your household as pedestrians or bicyclists. If you had uninsured motorist insurance, we can make a damages claim under that. We can also make a claim if the person had insurance but was underinsured.

The driver who hit me drove off. What can I do?

Assuming that you had uninsured motorist insurance, it likely covers you for damages that you suffer as a pedestrian who was hit and injured by a hit-and-run driver. We must first prove contact between you and the hit-and-run vehicle.

What are the common causes of pedestrian accidents?

Driver error like speeding or failing to yield the right-of-way to a pedestrian are frequent causes of pedestrian accidents. With the proliferation of cellular and mobile devices, we’re seeing a dramatic rise of pedestrian accidents that are caused by motorists who are distracted while driving.

If you are hit by a motor vehicle, you can expect serious injuries. If the motorist was insured, you can expect his or her insurer to try to shift some or all of the blame onto you. Don’t give an insurer a statement about your injuries or the accident. It will only be used against you in the future. Contact us right away for a free case consultation and evaluation. No legal fees are due unless we obtain a settlement or verdict for you.

Thanks to our friends and contributors from Johnston | Martineau PLLP for their insight into personal injury practice.

Category: Uncategorized

How does my personal injury settlement affect my child support?

Five Things To Know About Premises Liability

Depositions In Personal Injury Lawsuits

Court Reporter

5 Things You Should Not Do After An Accident

1) Not Seek Medical Treatment

2) Fail to Get An Accident Report

3) Give a Statement to Insurance

4) Fail to Document Your Accident

5) Don’t Apologize

National Distracted Driving Awareness Month

The statistics paint a grim picture

NHTSA is leading the charge

THE KEY TO SUCCESSFUL REPRESENTATION: COMMUNICATION

Common Injuries from Slip and Fall Accidents

Do I Have To File a Claim if I’m Injured at Work?

The Dreaded “Degeneration” Diagnosis? Not So Fast

Answers to Frequently Asked Questions About Pedestrians Involved in Vehicle Accidents