• Understanding Negligence in a Slip and Fall Case

    A slip and fall accident can result in injuries both mild and severe. On the mild end of the spectrum, individuals may only suffer momentary pain, such as that caused by a stubbed toe. More serious cases can involve sprained ankles, fractured bones, spinal cord damage, or traumatic brain injury (TBI). If you’ve sustained injuries in a slip and fall accident in the Riverside area, you have the right to contact a personal injury lawyer to discuss your legal options. slip - accident

    Evaluating Injuries

    Your personal injury lawyer will assess your case to determine if certain elements are present. First, victims of slip and fall accidents must have sustained damages or losses directly caused by the accident. If you fell, but weren’t hurt and didn’t require medical care, then you cannot hold someone liable for the accident. Your medical records should be sufficient to prove your damages.

    Identifying Hazardous Conditions

    Next, your personal injury lawyer will consider whether a hazardous condition was present that caused you to slip or trip. Some common causes of slip and fall accidents include inadequate lighting, uneven floorboards or missing floorboards, the lack of handrails, and the presence of spilled liquid on the floor. However, the mere presence of a hazardous condition isn’t enough to prove negligence in a personal injury case. In order to prove that the property owner or manager was negligent, your lawyer must prove that the individual or an employee caused the hazardous condition or that these individuals knew of the hazardous condition, but did not take action to correct it in a timely fashion. Alternatively, your lawyer may argue that the defendant should have known of the hazardous condition because any reasonable person in the same situation would have discovered it and fixed it.

    Assessing Reasonableness

    The determination of the degree of reasonableness on behalf of the defendant is often a key issue in slip and fall cases. Many factors may be evaluated to assess the defendant’s reasonableness, including whether the defendant has a history of regularly examining and fixing the property, whether there is evidence of regular maintenance, and whether warning signs or caution tape had been placed in the area.

  • Potential Catastrophic Injuries

    A car accident lawsuit filed in Riverside can help victims obtain compensation for all sorts of related losses-from medical bills and lost wages to psychological injuries and disfigurement. In the case of catastrophic injuries , it’s even more important to contact a car accident lawyer as quickly as possible. Individuals who sustain catastrophic injuries tend to accrue significant medical bills very quickly. A car accident attorney can assist individuals who have catastrophic injuries such as extensive third-degree burns that cover much of the body. Burn injuries may require multiple skin grafts and reconstructive surgeries, and they tend to result in lasting disfigurement.

    Traumatic brain injuries are another common type of injury caused by car accidents. Since brain injuries can result in lifelong disability, the car accident lawyer may have the victim undergo independent evaluations to develop an estimate of the damages. Other examples of catastrophic injuries include the amputation of a limb, paralysis caused by a spinal cord injury, and the loss of vision or hearing.

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  • Common Types of Personal Injury Cases

    As the name suggests, a personal injury case occurs when an individual sustains an injury that is the result of the other party’s actions. In the majority of personal injury cases, the defendant is accused of behaving negligently, rather than intentionally. A personal injury lawyer located in Riverside may handle a range of types of cases, including those that involve motor vehicle accidents and trip and fall accidents. Personal Injury Claims in Riverside, CA

    Auto Accidents

    Car accidents are among the most common types of incidents that lead to personal injury lawsuits. Many car accident survivors make the mistake of trying to negotiate with the insurance carrier by themselves, rather than contacting a personal injury lawyer. But since it’s not in the insurance carrier’s best interests to offer a fair settlement, car crash survivors are unlikely to receive just compensation for their losses. In fact, the insurance carrier may try to claim that the victim was at fault for the crash. It’s always a good idea to contact a lawyer. Even if no lawsuit is filed, the personal injury lawyer can effectively negotiate with the insurance carrier on behalf of the victim.

    Motorcycle Accidents

    Motorcycle accidents often result in catastrophic injuries. Even when a motorcyclist is careful to wear a DOT-approved helmet and other protective gear, getting thrown from a bike can result in permanent disability. For this type of personal injury case, the victim’s attorney may seek compensation for his or her physical injuries, psychological injuries, lost wages, and other damages.

    Slip and Fall Incidents

    A slip and fall accident can occur anywhere. If a person falls outside of his or her own home, it may be attributable to an act of negligence committed by another party. For example, a building manager may have failed to nail down loose floorboards in the common area of an apartment building, causing a tenant or visitor to trip and fall. These types of cases can be tricky to litigate, so it’s very important that the victims carefully document the scene of the incident, the hazardous condition, and their injuries.

     

  • What to Do If You’re Injured in a Slip and Fall?

    Property owners have a responsibility to exercise reasonable caution regarding the condition of their property. If you slip or trip and fall on someone else’s property, it is possible that a personal injury attorney could file a lawsuit on your behalf. An injury lawyer located in Riverside, CA, could help you seek compensation for your medical bills, lost wages, pain and suffering, and other related losses. To preserve your legal rights and help your personal injury attorney build a case, there are a few steps you should take immediately after an accident.

    Accident Lawyer at Law Offices of Harlan B. Kistler

    Document the Evidence

    Depending on how seriously you are injured, your first step might be to call 911 to request an ambulance. However, if you are able to do so, it’s best to document the evidence as soon as possible after falling. If you have a cellphone with you, take pictures of your injuries and the scene. Make sure to get pictures of any hazardous areas, such as broken handrails, loose floorboards, or similar problems. This physical evidence can prove invaluable when your accident lawyer files a claim. Make a note of the date and time of the accident and write down a few notes about how the incident occurred.

    Report the Incident

    Inform the property owner or manager about the accident as soon as possible, preferably before you leave the scene. Ask the owner or manager to create a written report of the incident and request to have a copy.

    Talk to Witnesses

    If there were any witnesses to your accident, ask them to share their full names and contact information with you. You might also obtain a written and signed statement from these witnesses about what happened. However, this is not necessary; your personal injury attorney can interview them later.

    Get Medical Attention

    If you’ve sustained a serious injury such as head trauma, you should call for medical attention immediately after falling. Otherwise, go to the nearest ER or urgent care center as soon as you’ve documented the incident. Even if you think your injuries are not too serious, getting medical attention promptly can help support your case. Be sure to tell the doctors and nurses that you were injured in a fall.

  • Understanding the Process Behind Personal Injury Cases

    If you have been injured in an accident, a personal injury attorney serving Riverside, CA, is your best resource when seeking reparations for your losses. Understanding how personal injury law works and how you can expect a personal injury case to proceed can reduce stress and uncertainty associated with your situation.

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    Settlement

    When a personal injury claim is made, the parties involved have the opportunity to settle the claim outside of court. During a settlement, you and your personal injury lawyer will determine whether the offers made by the party at fault for your accident are adequate to close the case. The person or party responsible for your accident may offer an out-of-court settlement before or after you have filed a personal injury claim; the option to settle remains after your case has gone to court and even while the jury is deliberating, provided no final verdict has been made. However, once you have accepted a settlement for your injury, you may no longer file further legal claims for additional reparations.

    Civil Lawsuit

    If the personal injury case cannot be settled out of court to the satisfaction of both parties and their accident attorneys, or a settlement is not offered at all, your personal injury claim will go to court and proceed through the civil trial process. During a civil lawsuit, both parties and their accident lawyers will appear in court and make their cases to a judge and jury. The trial process may include the submission of evidence, such as accident reports and tickets served, as well as the examination of eyewitness accounts and the testimony of any law enforcement offices that handled the situation, such as during an auto accident. Finally, a judge or jury will determine the validity of the claims and whether the defendant was at fault for the accident, as well as assign the final monetary value of any reparations the plaintiff receives.

  • What Proof Is Required in a Slip and Fall Injury Case?

    Slips and falls are common causes of injury in homes, workspaces, and public areas. When seeking legal recourse for a slip and fall injury, it’s essential to prove that factors in your environment were responsible for the accident. If you have suffered a personal injury in Riverside, CA, associated with a slip, trip, or fall, your attorney will use the facts and circumstances of the case to prove that the property owner should be held liable for your slip and fall.

    Personal Injury in Riverside, CA

    Dangerous Surroundings

    When proving another’s liability for your slip and fall, your personal injury attorney will examine the condition of the surroundings in which you suffered the accident. In many cases, slips, falls, and trips are caused by dangerous conditions, such as damaged or deteriorating walkways and safety railings, that were not addressed appropriately by the property owner. Thus, proving that your surroundings at the time of the fall were dangerous in a way that should have been recognized and repaired or addressed by the property owner is a common practice during slip and fall injury cases.

    Dangerous Situations

    Alternatively, your slip and fall may have been caused by the occurrence of a dangerous situation, rather than a permanent hazard in your surroundings. Examples of dangerous situations caused by property owners include leaving hazardous obstacles or equipment in public areas or employee walkways, as well as failing to make accommodations for pedestrian traffic during repairs or construction projects. If the property owner committed an act that made the property temporarily dangerous at the time of your slip and fall, this action may also be submitted as proof during your slip and fall injury case.

    A slip and call can cause serious injury that leads to lost work, chronic pain, and other consequences. Your accident lawyer will work with you to understand the environment at the time of your fall to build the best case for compensation.

  • Signs You Need to Hire a Lawyer

    Whether you are defending your actions or seeking compensation for a personal injury, knowing when to hire a personal injury lawyer is important. Working with a personal injury law firm in Riverside, CA , can help you better understand your rights and ensure you receive proper consideration during a trial.

    In this video, you will learn a few signs that you should hire a personal injury attorney for help or advice. If you are charged with responsibility for an accident or crime that resulted in a personal injury, it is always best to work with an accident attorney for the support and advice you need to develop a solid defense. In addition, any time there are witnesses involved or evidence needed to present your case, a personal injury lawyer can help you handle these important steps to ensure that nothing is missed during a trial or negotiation.

  • Take These Steps After a Slip and Fall Accident

    Falls are one of the leading causes of emergency room visits in the United States, and they are often attributable to neglected property maintenance or poor walkway design. If you do suffer a fall, you may be entitled to compensation from the owner of the property where the injury took place, but you will need to take several key steps to ensure that you are able to build a successful personal injury case following your slip and fall accident near Riverside, CA. Read on to see what you should do after you sustain injuries from a fall in a public place or on someone else’s property. Slip and Fall Accident

    Seek Medical Attention

    Falls can lead to serious injuries, so you will not want to hesitate to seek medical attention. When you visit the ER or urgent care center, be sure to get thorough documentation of the visit so that you can discuss the exact nature of your injuries with an attorney later on.

    Report the Incident

    While your medical care should take priority after a fall, it is important to report the incident to the appropriate parties. If your fall occurs in a store, speak to the manager and ask to see security footage if it is available.

    Document as Much as Possible

    In addition to reporting your slip and fall injury to a property owner or manager, you will want to gather as much documentation of the event as possible. If there are witnesses to your fall, try to get their contact information so that you might use their testimony later on. You should also keep thorough details of any medical care following the accident, as the costs of your care will be highly influential in determining your settlement.

    Talk to an Attorney

    Even if you are not sure who may be at fault for your fall or you do not know if you have a case, it is best to speak to an attorney about your accident. You should not have to be held financially responsible for medical care and time lost at work when you suffer an injury caused by negligence, so schedule a free consultation with a local personal injury attorney to see how you may seek compensation.

  • Common Causes of Indoor Slip and Fall Injuries

    Slip and fall attorneys see a lot of personal injury claims that could have been avoided if building owners had been more dutiful. Most slip and fall injuries are caused by negligence by the owner or operator of a public or private space. If you’re aware of these common causes of indoor slip and fall injuries, you may be able to avoid personal injury. Slip and Fall Attorneys in Riverside, CA

    Wet Floors or Worn Carpeting

    One of the most common reasons that people seek a slip and fall lawyer is for a personal injury that occurred as a result of slipping on a wet floor. If a floor has just been mopped, waxed, or if something has been spilled on it, a business is required to put up a cautionary sign or barrier. When a business owner or employee fails to put up a sign, or uses too much or an inappropriate type of wax or cleaners on a floor, they’re liable for any personal injury claims or slip and fall accidents that occur as a result. Another common cause of a slip and fall accident is carpeting that is worn, damaged, frayed, ripped, bulging, or has holes. Damaged carpeting is a huge liability if a slip and fall injury occurs.

    Dangerous or Damaged Staircases

    Staircases can be dangerous even when they are in perfect condition, and many things can make a staircase even more dangerous. A slip and fall accident can occur if a staircase has poor lighting, a missing or damaged handrail, is too steep or the steps are too far apart, or the steps are broken, damaged, or worn down. Debris, obstacles, and spills on staircases can also cause a slip and fall.

    Poorly Maintained Escalators and Elevators

    Property owners are legally required to properly maintain elevators and escalators to ensure passenger safety. A slip and fall accident can occur if an elevator or escalator isn’t operating correctly and stops or jerks suddenly, resulting in a fall. Body parts, clothing, or footwear can also get caught in the machinery and cause injury.

  • How Can You Prove Fault in a Slip and Fall Case?

    slip and fall attorney riverside ca A slip and fall attorney near Riverside, CA, advises clients that this area of personal injury law is complex. Even if someone is responsible for keeping his or her property safe and fails to do so, a successful personal injury claim must go even further. An injury lawyer must prove that a property owner knew or should have known about dangerous conditions that caused the fall . Read on to find out more about how a personal injury lawyer must show a property owner’s duty to keep premises safe, prove that dangerous premises caused injury, and demonstrate financial damages.

    Show Duty

    When it comes to a slip and fall case, an injury lawyer first needs to show that the property where you were injured had an owner who owed you a duty of care. This first step is usually easily satisfied. A property owner has a duty to maintain a safe premises for any guest or visitor. For example, a grocery store owner must maintain a dry parking lot free of slippery ice and water.

    Prove Causation

    Next, a personal injury lawyer needs to prove that the property owner’s failure to maintain a safe space directly caused your personal injury. This step is trickier, and opposing counsel will fight your slip and fall lawyer every step of the way. For example, you may slip and hurt your ankle on an extremely icy sidewalk or a stairway that has fallen into serious disrepair. While the property owner has clearly failed to maintain safe premises, his or her lawyer could argue that your ankle injury is actually attributable to a sports accident incurred years ago.

    Demonstrate Damages

    After your slip and fall lawyer proves causation, he or she will also need to demonstrate damages. Damages are a set amount that a personal injury victim is entitled to in order to compensate her for the accident. For example, a victim is generally entitled to be reimbursed for medical bills, any missed work or lost future wages, and general pain and suffering.