Like all businesses that offer themselves to the public, stores are legally obliged to maintain reasonably safe premises to protect their customers. When slips or falls occur in a store, a customer can sue and claim compensation for accident bodily injury claim against the store owner.
In recent years, slips and falls have become a common cause of injuries. According to nfsi.org, slips and falls account for over 8 million emergency room visits yearly. These accidents cost businesses billions of dollars in compensation and lost productivity. The bottom line is that slips and falls happen frequently.
Slips and falls are common hazards for pedestrians and shoppers because of slippery floors, poor lighting conditions, or uneven surfaces. When someone slips and falls, they often suffer serious injuries, including broken bones, head trauma, and even death. If you slip and fall at a store or restaurant, you might sue for compensation under accident case law. You can hire an accident attorney to represent you in court or choose to work with an accident and injury group. Some of these groups provide free legal representation to injured workers. You can also work with a personal injury lawyer specializing in such cases.
If you’re a victim of an automobile or workplace accident and not at fault, you’re usually entitled to compensation from the individual or company responsible for the injuries caused by the accident. This kind of personal compensation is legally referred to as “damages” and is usually determined through negotiation with the at-fault party or in court by a judge if an agreement can’t be reached.
Most personal injury victims opt to use legal help from a specialist attorney from a personal injury law firm. Personal injury attorneys possess experience in filing claims for compensation and helping their clients get the best possible compensation that their clients deserve. If you’ve suffered a personal injury and are looking to learn how to find a personal injury attorney and how to select a personal injury attorney, the first step is to ensure that you select a specialist attorney.
Many attorneys are generalists who handle different legal cases, but your chances of receiving just compensation are higher with an experienced personal injury attorney. Also, ensure you speak with them to get a feel for how well you can get along with them.
Lastly, if you have an automobile, it is recommended that you get personal injury protection coverage. Personal injury protection coverage meaning refers to an insurance package that covers your medical expenses and lost wages in the event of an automobile accident. Contact a local insurance broker to get personal injury protection.
Personal injury law encompasses a series of injury lawsuits, comprising auto accidents, medical malpractices, and product liabilities. Under auto accidents, the usual personal injuries are car, bicycle, motorcycle, and truck accidents. You have a right to receive personal compensation from the company or individual that resulted in the injuries.
Personal injury victims for instance those of the metro accidents are entitled to damages from the responsible party. If the person responsible for your injuries is uncooperative, you can file a personal injury claim with the courts so that the judge can decide how much you will receive as damages.
If you are wondering how to find a personal injury attorney, consider experienced lawyers who have a specialty in personal injury law. Also, you can request their referrals, and inquire about their success rate. Once you have a list of personal injury attorneys, you have to select one to represent you.
Running a business is no small feat. Especially if your business has a commercial property to run. You not only need to carry out the necessary tasks for the business but you also need to keep up with the maintenance of your property. Juggling all of this can be a lot for some managers and things may get overlooked. We are all human, after all, and humans make mistakes. You could have gone to one of the best private schools out there and still be a little forgetful about things. A million things can be on our minds and a manager could forget to look over everything. They might see the general store is clean and tidy but they’re not always looking at the roof or the basement. The building could be in need of a leaky roof repair that the manager wasn’t even aware of. Or have an issue with a sump pump and not even be thinking to check.
Maybe it’s not even some out of sight out of mind property dilemma. Sometimes humans make mistakes too. There’s rarely malicious intent but that doesn’t change that a misplaced piece of equipment could lead to someone getting hurt. A cleaner missing a puddle while mopping, or a broom being knocked over into an aisle could lead to scary accidents no one intended to cause. There are a million potentials, as a customer or employee, to get hurt on your commercial property.
Perhaps you own a boat rental shop and a customer uses your boat to go for a swim. They could leave the floor of your boat with puddles and return it without thinking to dry them up. This could easily lead to a slip when the next customer comes along. Other customers could be to blame, perhaps spilling a drink while shopping and not bothering to tell an employee so it can get properly cleaned up. Or maybe you’re an employee working at the commercial property and you’re asked to go on a rickety ladder to fix something on the ceiling. Maybe you sell refrigerators and one of the faulty fridge freezers leaks coolant on the floor. Humans can’t help but make mistakes and overlook things. It’s practically in the definition of being one.
Sometimes overlooking something is no big deal. It’s only forgotten for a little while and then gets fixed- no harm no foul. But there is always a limit to your graces and eventually, something might go truly wrong. Whether it be the fault of neglected maintenance or human error, accidents do happen. No one wants to fall victim to a careless accident like slipping because of a leak or tripping on a broom. If you fall victim in one of these situations you are entitled to compensation. Slipping and falling on a commercial property can be a scary thing to go through. In fact, slips and falls contribute to millions of hospital trips every year.
Falls can lead to some truly terrible injuries. Immediate injuries can include things like brain trauma, broken bones and serious back injury. A truly bad fall could potentially lead to a gruesome scene and the emergency room. Or even the morgue. Yikes! While hopefully, no accidents are that bad, even a sprained ankle or broken elbow can lead to years of subsequent doctor’s appointments, and treatments, and bloodwork and x-rays. Medical bills add up really quickly and can lead to hundreds of thousands of dollars of debt. And there are even complications that one might not notice immediately after the fall. But what should you do if you find yourself in a situation like this? What are the protocol for personal injury claims?
Protocol for Personal Injury Claims
If you find yourself victim to an accident caused by neglectful work or actions you are entitled to file a personal injury claim. But there is a lot that will happen between the accident and filing one of these claims. Here is the first step of the protocol for personal injury claims that should be followed.
The first and most important thing to do after one of these accidents to seek medical attention. If you are in need of an emergency room everyone else will know and help with getting you there but accidental slips and falls aren’t always so dire. Sometimes a bad fall can occur without there being a need for immediate emergency attention. These falls still have the potential to cause major damages that can leave the victim struggling, medically and financially, for a long time. Even if injuries are sustained but nothing seems much worse than a twisted ankle seeking some medical attention is still smart. Perhaps go to an urgent care clinic.
Go see a doctor.
Having documented medical proof of complications is important to the protocol for personal injury claims. Assuming your injuries sustained are not emergency room worthy, it’s important to gather a bit more information and talk to a few people about your accident. You will have to make mental notes about certain things and people and gather a bit of information. Obviously when in the upheaval of the accident and injury it can be hard to concentrate on retaining smaller details. If you were with someone when it happened perhaps they will help you with this. But either way, compiling this information will make all the difference when it comes to the validity of your personal injury claim.
Call the police.
The first thing you may wanna do if the slip and fall were somewhat bad is to call the police. This may seem drastic but having a police officer catalog the incident in a report will be very helpful for your personal injury claim. The police know exactly what information is important to take note of. They will have the date, time, location, and exact cause all written down for the incident. They will probably talk to some patrons in the area or who saw the fall happen, and take note of the culprit, whether it be a rogue broom or a forgotten puddle. Calling the police to file a report of the incident will actually take a lot of the burden of retaining details and evidence off from you so you can concentrate on getting better. Though when this sort of accident happens calling the police is not always everyone’s first natural instinct.
If calling the police slips or mind, or just doesn’t seem like an option, then it’s up to you or who you’re with to gather evidence and retain details as per the protocol for personal unjust claims. Here are some of the most important bits of information to get down; record the contact information of any witnesses. They will be able to help your lawyer and corroborate your story. They will be able to attest that accident was not your fault and exactly what caused your slip and fall. Next, you will want to file an official report with the manager. Make sure that it is on file for the store’s information. This way you will be able to show your story is consistent and was noted as a problem at the time. The store responsible will also have to own that this event occurred. For example, if you had an accident but didn’t tell anyone about it or make a note of it to anyone, then months later when you realize you need medical attention from these injuries- there is no proof that the incident even happened
To strengthen your case even further, you could take photos of the scene. This may be smart to do sooner than later, since someone may have already cleaned up the fallen broom while trying to help you. Having photo evidence will be able to show a potential judge or jury exactly what caused your injury and have these photos corroborated by eyewitnesses. Plus your own testimony and filed report or reports will create an airtight case. This will solidify the information you’ve gathered for the protocol for personal injury claims.
Get the security footage.
This will be the icing on the cake of evidence. Most stores these days, especially franchise or chained establishments, have security cameras stationed throughout their place of business. If the company has security footage this is a sure-fire way to get proof that an incident happened as there may be a recording of the whole thing! Anyone watching will be able to see what caused and how it was handled by the staff and management. Even one of these methods of information gathering will be helpful as your move forward with your claim.
The reason it’s so important to gather as much information about your accident as possible is because proving negligence in personal injury cases can often be hard. Unfortunately, there is a history of people abusing the legal system and faking accidents with the intent of suing the company. So, while it may seem counterintuitive to take pictures or call the police for a fall that didn’t land you in the hospital, it’s important. And if the fall was due to genuine negligence the information will show that, and you will be justified in gathering your information. Without concrete documentation and evidence of the accident occurring it will be that much easier to get the case dismissed. A lawyer representing the company you are suing may try to make it look like you’re just scamming this company. When really you are the victim in the situation and just wanted to be on your merry way to that pool opening you were headed to. So following the protocol for personal injury claims closely is imperative. That’s why its also important to make sure you have the proper legal representation when a situation like this arises.
Contact a personal injury lawyer.
After you have gathered all the evidence you possibly can you should put it all together and contact a lawyer who specializes in personal injury claims. They will be able to help finalize and put together your evidence in a meaningful way. They may have more leverage from getting certain bits of information that would be helpful to gather. They also know how the laws in your state work specifically. For example, different states have different statutes of limitations on these claims. A personal injury lawyer will make sure all of those things are accounted for. With the protocol for personal injury claims followed you will certainly win your case.
These situations can be so scary and lead to lasting damage to a person. No one wants to fall victim and any victim of negligence on a commercial property deserves compensation. To make sure justice is reached, look for a good personal injury lawyer and make sure to gather as much evidence as humanly possible. When the protocol for personal injury claims is followed it helps your case immensely. These claims are hard to prove and most don’t result in a winning case but when presented properly there’s no way to deny your accident.