Philadelphia

PERSONAL INJURY

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Slip and Fall Lawyer Philadelphia, PA

Slip and Fall Lawyer Philadelphia, PA

Slip and Fall Lawyer Philadelphia, PA

When you enter a private residence or business, you may have the natural expectation that the owner or management will have maintained the premises; thereby, reducing the chances of something going wrong, as a slip and fall lawyer you can find in Philadelphia, PA understands. It’s common for most people to assume that a store, restaurant, or other property they enter will have undergone the necessary maintenance to prevent accidents. Unfortunately, sometimes management or staff fails to take the right precautions, and as a result, someone ends up sustaining an injury. Perhaps you never intended to slip and fall, but you did because of insufficient warning signs or lighting. Now you’re injured and wondering how you will cover your financial losses, including medical treatment and lost wages. 

As a Philadelphia, PA slip and fall lawyer, we understand your concerns and would like to listen to what happened so you know  what your legal options might be. Some factors may make you hesitant to proceed with litigation, such as the time and energy that goes into the litigation process.  In general, when a duty of care exists, and that duty has been breached; thus leading to an injury, the responsible party can be liable. You have the right to take legal action and seek compensation for the injury. If you have any questions at all regarding your case, you are welcome to ask them. We want to help you become more informed about how slip and fall claims are pursued.

Slip and fall accidents may be easy to recover from most of the time, but for some people they can have devastating consequences. They can occur easily, and though slip and fall incidents don’t always result in the victim sustaining serious injury, they can be life-changing for others who are more vulnerable, such as elderly or physical disabled individuals. A slip and fall can cause severe injuries such as hip fractures that may require expensive surgery or long-term hospitalization. 

Should you be the victim of a slip and fall accident,  Wieand Law Firm, LLC, is ready to help you. If negligence is a factor, we will explain what you can do to recover your damages. For a consultation with a slip and fall lawyer Philadelphia, PA families trust, call  Wieand Law Firm, LLC.

What Injuries Stem From a Slip and Fall?

When you set foot in a business, you probably expect them to take care of their property. As a result, it can be a rude awakening when you slip and fall. Even though some falls might be innocuous, there are some situations where this could lead to a serious injury. If you have suffered a slip-and-fall injury, you need to reach out to a slip and fall lawyer in Philadelphia, PA, such as a lawyer from the Wieand Law Firm, who can assist you. What are a few examples of injuries you might suffer?

A Head Injury

If you slip on a wet spot in the store, you could strike the back of your head on the ground. As a result, you could be diagnosed with a serious head injury. For example, you might be diagnosed with a concussion. Or, you might be diagnosed with a cerebral contusion. Some head injuries could even require emergency surgery. That is why you should see a doctor as quickly as possible following a slip and fall accident.

A Back Injury

A slip and fall accident could also lead to a serious back injury. There are several back injuries you may suffer. One of the most common examples is a compression fracture. You may have fractured one or more of the vertebrae in your back. It is also possible that you could be diagnosed with a pinched nerve. This can cause shooting pains to travel throughout your body. A slip and fall lawyer in Philadelphia, PA can do a complete investigation and see if the owner of the property was neglectful. 

A Wrist Injury

When you fall, you probably extend your arms to protect yourself. Even though this could prevent a chest injury, it could also lead to a broken wrist. A fracture of the radius or ulna could occur in a slip and fall accident. You should see a doctor as soon as possible to make sure any bone fractures are properly diagnosed and treated. 

Contact a Slip and Fall Lawyer

Ultimately, there are a lot of injuries you may suffer in a slip and fall accident. Following this type of incident, you should reach out to a slip and fall lawyer in Philadelphia, PA, such as an attorney from the Wieand Law Firm, who can assist you. You could be facing steep medical bills, and you could be entitled to compensation following the accident.

Five Misconceptions About Slip and Fall Accidents

Quicker Settlements Are Better

Quicker settlements are almost never better. You may have ongoing medical needs you don’t know about yet. You might have to miss more work than you’d anticipated. An early settlement wouldn’t take either of these into account. You’re not able to be paid on the same claim twice; contract language almost always includes a provision to that effect. A slip and fall lawyer in P philadelphia PA, can help you determine when the best time to settle is.

You Should Give as Much Info as They Request to the Insurance Company

You’ve got to keep in mind that both your insurance company and the negligent party’s insurance company are in business to make money. They can only do that by denying claims. It would be easy for you to accidentally downplay your injuries, which they would use as evidence that you’re not as injured as your claim says. Simply refer any insurance adjuster who calls to your slip and fall lawyer in Philadelphia PA, then say goodbye and hang up the phone.

Doctor Visits Aren’t Necessary if You Didn’t Break a Bone

You should visit your doctor after any fall, even if you don’t have a broken bone. You may have soft tissue damage to your tendons, ligaments and muscles; a traumatic brain injury (TBI); internal injuries; or spinal injury. Any of those conditions could be with you for the rest of your life if you don’t have them treated properly. Once you know the lay of the land medically, you should call the Wieand Law Firm to talk about a personal injury claim.

Only Private Property Owners May Be Held Liable

In addition to private property owners being held liable, so can government entities, construction crews, maintenance workers and other employees. Personal injury cases can get complicated quickly. You want a slip and fall lawyer in Philadelphia PA, from the Wieand Law Firm on your side to help sort out who’s liable.

You Can’t Recover Damages if You Were Partially at Fault

In some states, including Pennsylvania, there are no-fault laws in place that state that as long as you weren’t more than 50% responsible for your accident, you can still recover damages. The amount of damages awarded will be reduced by the percentage the jury finds you liable for. Determining fault can get complicated, so it’s best if you speak with a slip and fall lawyer about your case.

Maintaining the Premises of a Company or Business

As a personal injury lawyer in Philadelphia, PA, slip and fall accidents are one of the most common injuries we know of after car accidents. They can happen anywhere when you least suspect it, such as the grocery store, movie theater, or restaurant. A majority of these accidents were preventable, but occurred because the property owner or manager breached a duty of care. This is also known as negligence, and may include:

  • Failure to maintain the premises
  • Failing to warn or notify visitors of a possible hazard
  • The owner or management of the premises knew about a hazard, but did nothing to fix it

Property owners are responsible for ensuring that their property is sufficiently maintained by legal standards, and any person who enters their establishment or space will not be at risk of becoming injured. If they are suspected to have committed negligence, victims have the right to file a claim against them. 

Steps to Take After a Slip and Fall

If you have been a victim of a slip and fall incident, there are important steps you should take so that the incident is reported properly and your rights are protected. Following a slip and fall, you should consider the following:

  • Get medical treatment. It is recommended that you seek medical treatment immediately following a slip and fall so you have additional evidence from a physician or healthcare professional. 
  • Follow your doctor’s orders. To the of your ability, follow your doctor’s orders so you don’t risk making your injury worse. 
  • If possible, take photos of the scene and anything that may be relevant
  • Get the contact information of any witnesses. If you are able to, obtain a witness’ account of the fall. 
  • Report the accident to the owner or management. Make a formal complaint about what happened so they are aware and have it on their record. 
  • Be mindful of what you say, and stick to the facts only. 
  • Keep a log about your injuries and what occurs after the accident. Monitor your injuries and recovery time.
  • Call a lawyer. Consult with a lawyer so you are aware of what action steps to take next.

Many slip and falls involve conditions that were temporary or a situation that was covered up (poorly) by the owner after the accident so as to avoid taking any responsibility for what happened. Our slip and fall lawyers in Philadelphia, PA know what to look for in cases; thus, enabling us to build a sound case. 

Call  Wieand Law Firm, LLC About Your Slip and Fall

If you have grounds for a legal claim, you may be able to recover damages for your medical treatment, loss of income, pain, suffering, emotional distress, and more. 

It is recommended you retain the services of an experienced law firm who can navigate the legal system for you on your behalf. By doing so, you can feel confident in knowing your rights and interests will be protected. Moreover, an experienced lawyer can help you get full compensation for your injuries and losses. Though you have the option of filing a claim without a lawyer, it may be more beneficial for you to obtain legal assistance. You may increase your chances of earning a higher amount of compensation if you have a lawyer fighting on your behalf. If you do not have a deep understanding of the claims process, you may also be at a disadvantage. You do not want to risk jeopardizing your chances of earning fair compensation. If you are ready to discuss your claim, please call a slip and fall lawyer in Philadelphia, PA now. 

How Can a Warning Sign Affect Liability in a Slip and Fall?

Everyone has strolled through a business and seen warning signs posted about a danger. Whether the danger is related to a wet floor after a rainstorm, a small step, or potentially falling objects on a construction site, warning signs exist to let those passing by know about a potential danger. Just because a warning sign has been posted does not necessarily mean a property owner will not be liable for a slip and fall (or trip and fall) that occurs as a result of these hazards. As a slip and fall lawyer in Philadelphia, PA might explain to you, there are a number of factors that must be considered in regards to how a sign might affect liability. 

Is a Warning Sign Always Required? 

It is important to understand that many property owners will choose to place a warning sign even though they are legally not required to. If a warning sign is not required, and one was placed anyways, there might not be any effect on liability. In order to hold a property owner liable, a Philadelphia, PA slip and fall lawyer will need to demonstrate negligence. This involves showing the owner owed you a duty of care, breached that duty of care, and as a result, you were harmed. If a warning sign was required, and was not posted, a lawyer may investigate the situation further to determine the next possible steps. 

The Effect of Warning Signs

As soon as you, or your lawyer, determines whether or not there should have been a sign, considerations as to how the sign might apply to injury liability must be thought through. In general, a warning sign must be visible to anyone passing by. Visible means that it is large enough to clearly see. The sign must be legible and accessible to anyone. If the sign is small or placed in an inconspicuous area, it may not constitute a warning sign. In this case, you may be able to recover compensation. 

Why Were You Visiting the Property?

When you consult with a slip and fall lawyer in Philadelphia, PA, you will be asked to explain your reasons for visiting the property. Your reason could impact how a warning sign affects injury liability. If you were visiting for business purposes, such as a customer in a shopping mall, you are considered an invitee. In this case you are owned a higher degree of care than for other types of visitors. 

If you were partaking in a birthday party at a child’s house, and slipped on a wet floor, you may be considered a licensee. In this case, the homeowner may be obligated to address and correct any dangers that existed. Whether you can recover compensation will depend on further details that will be discussed during your consultation. 

If you were trespassing, you may be considered a trespasser. In general, the property owner does not owe you any specific duty of care. 

Should you have been injured in a slip and fall accident, our firm would like to talk with you about a premise liability claim. Even if warning signs were present, you may be able to file a claim. These details can make slip and fall accidents complex cases, so it is important that you speak to a lawyer for a professional assessment of your account. Please contact our firm to learn more. 

A Slip and Fall Lawyer in Philadelphia Answers You Frequently Asked Questions

If you are injured in a fall you should contact a slip and fall lawyer Philadelphia, PA residents rely on. Unfortunately, slip and fall accidents can happen almost anywhere, whether it is through a waiter spilling liquid on the floor or your workplace having uneven pavement right outside their building. After an incident has occurred, you may have the right to bring a slip and fall claim against the business or person caused your accident. People often want to know – what does an insurance look at when determining your settlement? How is this type of case settled? Is a slip and fall accident always the sole responsibility of the property owner? How is the amount of compensation determined?  Does it vary upon the type of injury and your medical bills? For more information on slip and fall settlements, please reach out to a trusted Philadelphia slip and fall lawyer from Wieand Law Firm, LLC now.

Determining Who Is At Fault

If you decide to pursue a claim for a slip and fall injury a lawyer can help you determine who is at fault. Most slip and fall accidents occur as a result of a dangerous condition of the premises. There can be many parties responsible for keeping the premises safe. The responsibility to clean and maintain a property often lies with property owners, property management companies, security companies, cleaning companies, snow removal companies and business staff. After a fall, it is important to investigate who caused the tripping hazard and may be liable for your injuries. A Pennsylvania slip and fall lawyer can help you with this.

How Does Negligence Affect My Case?

It is a claimant’s burden to prove they were hurt because of the negligence of another party. When trying to settle a case, we will need to show the insurance company how their insured’s negligence directly caused your injuries. At this stage, an insurance company will want to see if a reasonable person would have avoided the dangerous area (the presence of warning signs) or if the responsible party had enough time to fix the dangerous area. It is the responsibility of the plaintiff to prove that the liable party had a reasonable amount of time to fix the dangerous condition, and that failure to do so, caused his/her harms and losses.

What If I Am Partially Responsible?

If a slip and fall injury victim is partially at fault for the incident, this is known as contributory or comparative negligence. Some states bar awards for compensation to a plaintiff if they are partially responsible for the slip and fall accident. Other states, such as Pennsylvania, follow comparative negligence laws. In a comparative negligence jurisdiction, a jury may award the plaintiff a partial settlement depending on their proportionate liability for the incident.

What Kind of Damages Can I Receive?

Typically, the victim of a slip and fall accident may be awarded a variety of damages to compensate for their harms and losses. This may include:

  • Medical Bills (past and future)
  • Property Damage
  • Pain And Suffering
  • Lost Wages and Future Earnings Loss or Loss of Earnings Capacity

The Process for a Slip and Fall Lawsuit

1. File the Lawsuit

The first part of a slip-and-fall lawsuit is to file the lawsuit itself. Your slip and fall lawyer in Philadelphia, PA, will file the paperwork in the courts, which will then be served to the owner of the property where you fell. This typically only occurs if your lawyer contacts the defendant and the defendant refuses to settle out of court.

2. Wait For an Answer

After your lawyer files the paperwork with the courts, you must wait for the defendant to answer. If the property owner answers, he will present his own version of what happened during your accident and may indicate that it was actually your fault and therefore not one that falls under the parameters of a personal injury lawsuit. 

3. Wait for the Discovery Process

Before a case goes in front of the judge, the two sides go through the discovery process. This is a formal process that allows the two sides to gather information, including obtaining affidavits or depositions, which are sworn written statements or sworn testimonies, respectively. These may be gathered from people who saw the accident or from expert witnesses. 

4. Go To Trial

If no settlement is reached during the other parts of the trial process, then you will go in front of the judge. As the plaintiff, you and your slip and fall lawyer in Philadelphia, PA, from Weiand Law Firm have the responsibility of proving that the property owner was responsible for your accident due to negligence. The judge and jury will hear all of the evidence that both the plaintiff and defendant have, then the jury will determine who is at fault. They will also need to decide how much money you are owed if you do win.  

5. Wait for the Settlement

If you win the court case, you will need to wait for the settlement. The defendant has a certain amount of time, typically up to 30 days, to send the settlement check. Since most of the time, a slip and fall lawyer in Philadelphia, PA, is not paid until after the case, the check will go to your attorney from Wieand Law Firm. Your lawyer will remove his percentage of the settlement and deposit the rest directly into the bank account of your choosing. From there,  you can pay past medical bills and handle other finances that may have piled up during the course of your case.

Should I seek help from a slip and fall lawyer in Philadelphia, PA?

Clearly, liability and damages are huge factors when considering the types of compensation a slip and fall victim should get. If you are unsure of who is fully responsible for your injuries, or if you would like help pursuing a claim, call a slip and fall lawyer in Philadelphia, PA from Wieand Law Firm, LLC now. We want to help you get the compensation you deserve.


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