Broken bones, concussions, thoracic sprains – the injuries that stem from slip and fall accidents can have a serious physical and financial impact. If you are partially or fully disabled from this type of accident, how will you take care of yourself and your family? Aside from seeking immediate medical treatment, you also need to use legal means to protect yourself financially. You need financial compensation.
In the midst of the accident, it is difficult to determine all the factors that could have led to the slip and fall. To receive compensation from a slip and fall accident, you and your attorney need to comb through the case files thoroughly and collect all the evidence you can. You will need to prove two things with the evidence that you provide to the court: negligence and the severity of physical harm. By providing pictures of the scene of the accident, the court will be able to compare the premises with maintenance protocols in order to determine if there was negligence. Pictures of the injury itself can be used as additional evidence to highlight the severity of the physical harm caused by the accident. Additionally, the court will take into account how your lifestyle has been changed by the incident. With this in mind, providing as much financial and medical information you can, will put you in the best light to receive financial compensation.
One obstacle you may have, and it should be attended to before the trial, is the possibility of the defense being able to use “comparative negligence.” Comparative negligence is where the court determines how much negligence or carelessness occurred on your part that led to the accident. If the defense is able to prove even a small fraction of fault to be yours, that percentage will be deducted from possible compensation you may receive.
Although experiencing a slip and fall accident can be both painful and terrifying, you are not alone. Following these tips, along with a Providence attorney who specializes in slip and fall accidents, and you will have the help you need to get the most out of your slip and fall accident.
It would seem that the more obvious the injury, the higher the chance of receiving compensation for it. Lost wages from missed work, medical bills, pain and suffering are the obvious factors to consider when trying to receive compensation from an insurance company or the responsible party. Unfortunately, the courtroom can work more like a business than a room of justice – that’s why you need to be protected. Without the right support, your livelihood is at risk.
There are laws in Providence that allow the insurance companies a defense that consists of proving the negligence of another – referred to as comparative or “share” fault. What the defense will argue at trial is that you were negligent, even by a small percentage, before the accident occurred. Even if they can prove that you were even ten percent negligent, then you have already lost ten percent of the original compensation you would have received. For the seriously injured, ten percent can be the difference between comfortable living and barely getting by.
One thing can prevent the defense from successfully proving such accusations: evidence. Although it may seem obvious, the truth of the matter is that the more evidence you have, in comparison to opposing counsel, the more likely you will be able to get the compensation that your serious injury requires. Depending on the circumstances surrounding the accident, it can mean having an expert look at the item that caused your injury. Being able to provide documentary evidence would allow the court to see just how dangerous the environment was where the injury occurred. If the accident was sudden, even getting eye-witness testimony will assist the court in understanding the negligence of the defendant and the necessity for you to receive proper compensation.
As you go through your trial, remember that the court is, at the end of the day, a business. The Providence serious injury attorney will negotiate and persuade the court to produce results that best suit you.
When you experience an accident, make sure you know exactly where you are and who is responsible for maintaining that location. Whether it’s a shopping mall, neighbor’s house, or a park? If the accident stemmed from the condition of the environment, then you may be able to seek compensation from the property owner.
Nearly all properties you may find yourself in, have an owner who is directly responsible for its maintenance and any incidents that take place on that property. Failure to maintain the property can include: lead paint exposure, sidewalk or road defects, poor security measures, poorly lit staircases or hallways and exposed electric wiring. Defective merchandise which the owner was aware of, unsecured animals resulting in such things as dog bites, prolonged exposure to asbestos leading to mesothelioma, etc. There are a lot of ways in which a property owner can fail to maintain their premise and place their visitors at risk of getting injured.
One obstacle that you need to consider before pressing charges is if there was any amount of negligence on your part that could have resulted in the accident. This can mean a number of things depending on the conditions that surrounded the accident. Mostly, defense attorneys will try to prove that you were partaking in unsafe activities that would have resulted in an accident regardless of if you were on the property or not. In Providence, this is called “comparative fault,” meaning that you will either receive reduced compensation or no compensation at all if the defense is able to prove that you were negligent at the time of the accident. This would include if you trespassed onto the property, meaning that the property owner did not give you the approval to be on the property in the first place and thus holds no responsibility for your injuries. Of course, if you were invited onto the property and were not sufficiently warned of the possible dangers on the property, then you will be eligible for compensation.
Having a Providence premise liability lawyer at your side will give you the best chance of receiving the most compensation possible.
Personal injuries cause more than just physical pain. With expensive medical bills and having to take time off work, you can easily find yourself financially overwhelmed. What do you need in order to get compensated for an injury caused by an individual’s or company’s negligence?
Time, evidence, and a skilled Providence personal injury attorney.
Time is a significant factor in determining the amount of compensation you will receive for your injuries. In Providence, the statute of limitations to file a personal injury claim is three years. Aside from the fact that your case will be thrown out if you do not meet this deadline, waiting to file a personal injury claim can result in you and your attorney not having as much evidence to work with. This includes the possibility of losing documentation or witnesses no longer being able to testify.
Remember, the more evidence you have, the better chance of a higher compensation payout for your personal injury. After the accident, it is essential to get the contact information of all the witnesses at the scene, a copy of the police report, medical information, and financial documentation. In regards to financial documentation, the courts will need to see evidence of the financial strain that has been placed on you and your family. Not just medical bills, but any other financial obligations that resulted from the accident and have negatively affected you and your family. Medical information and financial documentation will be the largest factors in determining the amount of compensation that you receive from insurance companies.
Insurance companies are a business; they are not your friends so appealing to their ‘humanity’ is a waste of time. They will take the necessary steps to ensure that you get as little compensation as possible. In order to overcome the turmoil of a personal injury, getting a seasoned personal injury attorney will best prepare you to get the compensation that you deserve.
Motorcycle accidents can be detrimental; the minimal protection motorcycle riders have puts them at a disadvantage when going against automobiles. When collisions between cars and motorcycles do occur, the riders may find that the deck is stacked against them when it comes to motor vehicle laws in Providence.
On the road, it is very common for drivers not to take the time to look for motorcycles that could be passing by. To add to this lack of responsibility, there is a wide perception in both the social and legal context that motorcyclists play an active role in any accidents they are involved in. Although this perception may seem like a factor that you would have no control over – having an experienced motorcycle accidents attorney is vital if you want to receive full compensation for your injuries.
The legal term that translates to blaming the motorcyclist for the accident is called “pure comparative fault.” What this means is that if the defense proves that you were partially to blame for the accident, then the court will only give you partial compensation. For instance, if it is determined that you are thirty percent at fault, then you will receive only seventy percent of the total compensation. Although no one wants reduced compensation, this is especially damaging to motorcyclists where compensation is needed to cover extensive medical bills and motorcycle damages.
In order to contest “pure comparative fault,” you and your attorney would need to indicate that opposing counsel cannot prove beyond reasonable doubt that you were partially at fault. It can be done by emphasizing that the car driver was completely negligent and therefore caused the accident. One of the many factors that can be used to prove negligence includes speeding or driving while under the influence.
Despite the bias against motorcyclists, there is a way to succeed. With a Providence motorcycle accidents attorney, you can get the compensation that you deserve.
