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March 22, 2021 by admin

Falls, Injuries and Proving Negligence

Personal Injury Attorney

Did you know that falling accidents account for more than 8 million hospital emergency room (ER) visits every year? In fact, they’re the leading cause of ER visits. The National Safety Council reports that slips, trips and falls occur, on average, every 17 minutes in the United States.

Such accidents can take place just about anywhere, from restaurants, parking garages, shopping malls, and apartment buildings to barber shops, gyms, sidewalks, stairways and private residences. Loose stairway railings, cracked sidewalks, lack of lighting and slippery floors are some of the primary culprits that cause falling accidents.

Slip and fall injuries can cause serious injuries, such as:

  • Fractured bones;
  • Dislocated joints;
  • Ankle or wrist sprains;
  • Cuts and bruises; and
  • In rare cases, traumatic brain injuries and/or spinal cord damage.

In some instances, recovery time for victims of falls can take weeks or months. Those days are filled with numerous doctor’s appointments, x-rays, physical therapy sessions, missed days of work and mounting bills.

What happens when your fall was caused by someone else’s negligence? Should the guilty party be covering the costs of your recovery? How do you know if your fall merits legal action against the guilty party?

If you have fallen through no fault of your own, you should consult a personal injury lawyer to see if a slip and fall lawsuit is advisable. Their experience and advice can prevent you from making mistakes, like accepting an early, low-ball settlement offer from an insurance company. Moreover, there is little risk, since most of these attorneys operate on a contingency basis and don’t get paid unless you get paid.

Proving Negligence

Ultimately, you, as the victim, must prove three things:

  1. That the property owner/third party’s negligence caused your fall;
  2. That the fall caused your injuries; and
  3. That your injuries resulted in direct financial costs (medical bills, missed work time, etc.).

Most personal injury attorneys are particularly adept at conducting investigations, gathering evidence, securing expert witnesses and researching previous fall accidents. Their familiarity with the state laws governing slips and falls, with courtroom rules and procedures and with the judges presiding in the courtroom could work to your advantage in making sure you are adequately compensated.

In addition, insurance companies work diligently to stay out of court. They typically pay more money to fall victims who have hired personal injury lawyers than victims without lawyers.

There are several options to explore, as an attorney, like a personal injury attorney in Indianapolis, IN, at a law office such as Ward & Ward Law Firm, can explain.  

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