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Category Archives for "Fall Down"

Slip and Fall Lawyers – 3 Things you Must Do To Win Your Case!

Slip and Fall Lawyers – 3 Things you Must Do To Win Your Case!

Win Your Case With the Slip and Fall Lawyers

Slip and fall lawyer Scott DeSalvo tells the 3 things you must know to protect your rights and increase your chance to win your case.

Hi guys, slip and fall injury lawyer Scott DeSalvo here, and in this video I’m gonna talk to you, and share with you, the three things you need to know about slip and fall injuries, so stay tuned.

You know, slip and fall cases can happen anywhere. I’ve represented people who have fallen inside stores, or outside businesses, or even inside private residences. Slip and fall cases involve falls on sidewalks or downstairs.

No matter where you fall, or whatever situation you find yourself in, it’s important for you to know the basics of these kinds of cases. Knowing the basics of a slip and fall case can help you know what has to be proven so that you can make sure to get the evidence you need to prove your case. Having the right evidence in a slip and fall case can increase your chance of winning. Not knowing the basics of slip and fall cases could easily lead to you losing your case.

So the first thing I wanna talk to you about in slip and fall cases is, that we have to prove that the property owner or manager did something wrong.

If we can’t prove that the owner or manager did something wrong, then we can’t prove that they were negligent. In every injury case, we have to prove that the business or person we are using was negligent, otherwise, we can’t recover. In slip and fall cases we have to prove exactly what caused you to fall, then we have to be able to prove that the landlord or manager created the problem, or knew about the problem, or that the problem was there for so long that they should have known about it and fixed it. We have to be able to prove one of those three things, or it’s impossible for us to win the case.

The next thing you should know, is that it’s okay if we’re aware of the problem that made you fall before you fell.

It’s very common for people in slip and fall cases to be aware of a problem on a property.Normally the law requires you to protect yourself against problems or dangers that you know about, but if the danger is hard to see, or it’s foreseeable to the landlord or owner that you will be distracted when you encounter the danger that we can still make a claim. And if a landlord or property owner allows a dangerous condition to remain in an area that allows access in and out of a building, then the law definitely allows you to recover. As you can see, analyzing these cases gets a little complicated, but the important thing to remember is that even if you were aware of the danger, the landlord or property owner still has a legal duty to you, and you still have a case.

The last thing I wanna talk to you about is related to the first two things, and that is: being certain of how you fell and what caused you to fall.

As you can probably tell from the first couple of things we talked about, slip and fall cases get really complicated very quickly.

Making sure that when you give a statement or a deposition you understand how to explain your fall, and are also aware of the traps that an insurance company lawyer lays for you when they take a statement, can mean the difference between winning and losing your case.

I always tell people, do not give a recorded statement to the landlord, their insurance company, or a lawyer on their behalf, until you’ve had an opportunity to speak with a lawyer of your own. Injury lawyers usually offer free consultations, and a good lawyer will talk to you for free, and give you their opinion on your case.

Handling a fall down case without a lawyer to help you is a mistake, because the cases are filled with landmines that can blow your case up.  Talk to a lawyer.  That’s my best advice if you were injured in a fall.

Get Your FREE Injury "Cheat Sheet"

Inside, You'll Discover How To:

  • INCREASE Your Chance To WIN Your Injury Case!
  • How To ELIMINATE The Most Common Dirty Trick Insurance Companies Do!
  • Get EVERY DOLLAR The Law Allows!

Best of All,  You Can Download The Injury  "Cheat Sheet" RIGHT NOW and It's 100% Free and No Obligation

Testimonials

"Hiring Scott was one of the best moves I have made in my life.   Scott is a down to earth person and attorney.  Scott is a 5 star first class act who really knows his stuff.   The Judge said his presentation was one of if not the best he had ever seen.   Take my advice, hire Scott. I’m sure you’ll be 200% satisfied.  I was."

Richard Lange

Cab Driver, Fall Down                  

See More >

Want The Injury "Cheat Sheet"?

Inside, You'll Discover How To:

  • INCREASE Your Chance To WIN Your Injury Case!
  • How To ELIMINATE The Most Common Dirty Trick Insurance Companies Do!
  • Get EVERY DOLLAR The Law Allows!

Best of All,  You Can Download The Injury  "Cheat Sheet" RIGHT NOW and It's 100% Free and No Obligation

Common Personal Injury Claims

Common Personal Injury Claims

Personal injury cases make up the majority of civil litigations in the United States. These types of cases are particularly taxing on the people involved because they deal with victims of injury. There are many different types of personal injury claims that vary in severity, the burden of proof, and possible compensation.

The Law Office of Scott D. DeSalvo is a dedicated team of Chicago personal injury lawyers who are committed to helping victims of personal injuries seek justice for their injuries.

The following are some of the most common types of personal injury claims.

Motor Vehicle Accidents

Motor vehicle accident prevention has been a public priority in recent years. But the number of injuries and deaths as a result of these accidents continue to occur in staggering numbers each year.

Every year, approximately 2 million people are injured and 32,000 die as a result of motor vehicle crashes. Motor vehicle accidents make up a large majority of personal injury claims.

If you are injured in a crash, the first thing you should do is seek proper medical attention. As soon as you are properly treated, you should find an experienced Chicago personal injury lawyer to review your case.

The Law Office of Scott D. DeSalvo is a team of personal injury attorneys who will help you fight for your case.

Dog Bites

According to the American Veterinary Medical Association, dogs bite about 4.5 million people each year. 1 in 5 of those people require medical attention. Now, there are steps to avoid being bitten by a dog but most of the time it occurs out of no fault of the victim.

Dog bites account for ⅓ of homeowners liability insurance claims. Dog bites are not only physically traumatizing but also mentally and socially.

If you are a victim of a dog bite you may suffer for years to come so make sure you receive the justice you deserve.

Call the Chicago personal injury lawyers at the Law Office of Scott D. DeSalvo right away.

Slip and Fall Accidents

Slip and fall accidents are some of the most common types of workplace accidents and injuries. These account for 15% of all accidental deaths, second only to motor vehicle crashes as the most common cause of the accidental fatality.

If you have sustained a personal injury at work you may be entitled to workers’ compensation. Call the Law Office of Scott D. DeSalvo for a free initial case evaluation.

Medical Malpractice

Medical malpractice claims are actually far more common than many people think. Medical malpractice occurs when a medical professional deviates from standards of care, which results in the injury, or harm of the patient in question.

These kinds of cases are extremely difficult and complicated to prove. Victims and their families find themselves up against an institution like a hospital, which usually has far more resources at their disposal.

This is why it is so important to find a Chicago personal injury lawyer who is experienced in medical malpractice claims.

Assault, battery and other intentional torts

These cases are not based on accidents caused by negligence or carelessness but occur when an individual intentionally harms another person.

Defective products

These cases involve an injury from a defective product. A manufacturer may be held liable for a defective product even if he was not negligent in the manufacturing process.

Dangerous drugs

Drugs are held to certain safety standards, and when they are not properly manufactured or distributed, a class action suit may be filed against the drug company.

If you or a loved one have been a victim of a personal injury then you deserve just compensation. Chicago personal injury lawyers can give you the help you need to fight for your rights. Call the Law Office of Scott D. DeSalvo for a free initial case evaluation.

Get Your FREE Injury "Cheat Sheet"

Inside, You'll Discover How To:

  • INCREASE Your Chance To WIN Your Injury Case!
  • How To ELIMINATE The Most Common Dirty Trick Insurance Companies Do!
  • Get EVERY DOLLAR The Law Allows!

Best of All,  You Can Download The Injury  "Cheat Sheet" RIGHT NOW and It's 100% Free and No Obligation

Testimonials

"Hiring Scott was one of the best moves I have made in my life.   Scott is a down to earth person and attorney.  Scott is a 5 star first class act who really knows his stuff.   The Judge said his presentation was one of if not the best he had ever seen.   Take my advice, hire Scott. I’m sure you’ll be 200% satisfied.  I was."

Richard Lange

Cab Driver, Fall Down                  

See More >

Want The Injury "Cheat Sheet"?

Inside, You'll Discover How To:

  • INCREASE Your Chance To WIN Your Injury Case!
  • How To ELIMINATE The Most Common Dirty Trick Insurance Companies Do!
  • Get EVERY DOLLAR The Law Allows!

Best of All,  You Can Download The Injury  "Cheat Sheet" RIGHT NOW and It's 100% Free and No Obligation

Falls on City Property: Pitfalls Most People Do Not Know About

Falls on City Property: Pitfalls Most People Do Not Know About

When You Fall On Public Property, The Tort Immunity Act Has Some Surprises For You.

There is a special law in Illinois (and in most States) that protects Cities from liability in fall down cases.

The Tort Immunity Act provides:

Except as otherwise provided in this Article, a local public entity has the duty to exercise ordinary care to maintain its property in a reasonably safe condition for the use in the exercise of ordinary care of people whom the entity intended and permitted to use the property in a manner in which and at such times as it was reasonably foreseeable that it would be used, and shall not be liable for injury unless it is proven that it has actual or constructive notice of the existence of such a condition that is not reasonably safe in reasonably adequate time prior to an injury to have taken measures to remedy or protect against such condition.

This legal gobbledegook means that if you fall on public property (an alley, a city sidewalk, a street, a curb, a parkway), the Court will look at whether you were intended and permitted to use the property as you were using it.  If you are not seens as an intended and permitted user of the area, then the Court will throw out your case.

Keep in mind that this is only special protection that Cities like the City of Chicago get when being sued when someone falls on public property.  Private Defendants, like a home owner or a store owner do not get this kind of protection.  incidentally, talking to a fall down lawyer is a good idea, because one of things we can do for you is to make sure who officially owns thye property.

So here is a summary of various situations and when the Court usually decides that a person who fell down and got hurt was an ‘intended and permitted user’ under the Tort Immunity Act.

Parkways:  Parkways are the grassy area of a street after the sidewalk but before you get to the curb and the street.  Generally, it is foreseeable that private citizens will have occasion to step off of the sidewalk and step onto the parkway, and therefore, encounter a defect or problem that usually causes a fall or other kind of fall down injury, like a broken ankle.  The thing to watch out for here is that the Courts seem to want to know WHY you were on the parkway.  For example, a minor can be expected to walk on the parkway.  Walking to your car on the parkway when you fell is another explanation.  Avoiding a muddy sidewalk, or stepping aside to let a large group of people pass on the sidewalk is good, too.  Maybe you were walking your dog and you had to step onto the parkway to pick up the dog’s droppings.  Any of these are the sorts of things that the Court wants to know.

If you have some reasonable explanation for why you stepped onto the parkway and fell, rather than using the sidewalk, then your case will probably be okay and will not be dismissed.

Alley:  Alleys are generally NOT intended for pedestrian foot traffic, believe it or not.  I was surprised to discover this since we all know that people walk in alleys all the time.  But if you were taking a shortcut through an alley and your foot got caught and your tripped and fell in the middle on an alley, you may be out of the luck, since the Court is likely to say that since you were not an ‘intended and permitted user”, then you cannot maintain a lawsuit.

An important exception is that if your city requires you to place your garbage cans on public property for the city to remove your garbage (like it is required in Chicago), and you encountered the problems while, say, throwing away your garbage, then you have a pretty good argument and the Court might allow you to keep your case going.

Street:  Walking in the street is a no-no if you want to have an injury case.  Basically, the Court says that streets are designed for vehicular traffic and not people walking (i.e., pedestrians), and therefore, you aren’t an intended and permitted user.

Of course, like so much of the law, there are exceptions.  For example, if your car is legally parked, and you are walking onto the street only to get into your case, you might be able to win that case, as long as you are going to your car and your car is parked on the same side of the street as you are on.  You cannot cross the street in the middle of the block, because if you do?  You guessed it:  you aren’t an intended and permitted user of the street.

Another exception is if you are crossing the street within a marked crosswalk.  Then, the City would have a pretty hard time saying that you aren’t allowed to access the street in a marked crosswalk since they are the ones who designated the area for street crossing.

Recreatioanl Property:  Recreational property refers to parks and places like that; places that are maintained specifically for recreation. It is very, very tough to sue for a fall on public property if it is recreational property.

Section 3-106 of the Tort Immunity Act says:

Neither a local public entity nor a public employee is liable for an injury where the liability is based on the existence of a condition of any public property intended or permitted to be used for recreational purposes, including but not limited to parks, playgrounds, open areas, buildings or other enclosed recreational facilities, unless such local entity or public employee is guilty of willful and wanton conduct proximately causing such injury.

If you fell on a recreational property, you cannot sue the City for negligence.  A municipality is immune from liability for injuries occurring on the municipally owned recreational property unless the municipality or its employee is found guilty of willful and wanton conduct.  Willful and wanton conduct is an action which shows a conscious disregard for the safety of others or actual knowledge that their actions will result in hurting someones.  It is very hard to prove.  You need extremely strong evidence to have any shot of winning a case like this.

Get Your FREE Injury "Cheat Sheet"

Inside, You'll Discover How To:

  • INCREASE Your Chance To WIN Your Injury Case!
  • How To ELIMINATE The Most Common Dirty Trick Insurance Companies Do!
  • Get EVERY DOLLAR The Law Allows!

Best of All,  You Can Download The Injury  "Cheat Sheet" RIGHT NOW and It's 100% Free and No Obligation

Testimonials

"Hiring Scott was one of the best moves I have made in my life.   Scott is a down to earth person and attorney.  Scott is a 5 star first class act who really knows his stuff.   The Judge said his presentation was one of if not the best he had ever seen.   Take my advice, hire Scott. I’m sure you’ll be 200% satisfied.  I was."

Richard Lange

Cab Driver, Fall Down                  

See More >

Want The Injury "Cheat Sheet"?

Inside, You'll Discover How To:

  • INCREASE Your Chance To WIN Your Injury Case!
  • How To ELIMINATE The Most Common Dirty Trick Insurance Companies Do!
  • Get EVERY DOLLAR The Law Allows!

Best of All,  You Can Download The Injury  "Cheat Sheet" RIGHT NOW and It's 100% Free and No Obligation

Can Slip and Fall Lawyers Prove Property Owner Responsibility?

Can Slip and Fall Lawyers Prove Property Owner Responsibility?

You make your way into the store with a Christmas list in hand and a Christmas song in your heart, ready to paint the town green. But your jolly journey takes a tragic twist as you slip on a puddle of water on the floor and fall. As pain reverberates through your body, a single thought should enter your head: “Only slip and fall lawyers can help me now.”

Statistics show that falls make up more than eight million visits to the ER and thus are the primary reason for ER visits — at 21.3%. Slip and fall incidents make up a little more than a million ER visits — 12% of this total.

Unfortunately, an accident that happens in a split second may lead to overwhelming medical bills depending on the nature of the fall. You may even have to miss days from work, which only adds salt to the proverbial wound.

Fortunately, attorneys may help you to hold an at-fault property owner accountable through a lawsuit.

Here’s a rundown on how lawyers can help to determine if a property owner is responsible for your injuries.

Let’s get started!

Slip and Fall Lawyers: Proving Negligence is Necessary

In some cases, a property owner might intentionally try to harm a visitor, but these cases are rare.

Most of the time, you will have to prove negligence if you want to win your accident case. Negligence means the owner of the property where you hurt yourself did not act reasonably considering the circumstances.

For instance, a reasonable store owner would set up warning signs in an area that has just been mopped. If he or she fails to do this and you slip and hurt yourself on the floor, the store owner might be financially responsible — or liable — for the harm you suffer.

The owner of the property has a legal duty to provide a safe area for you to traverse. This includes disclosing every unreasonably hazardous condition he or she knows about or should know about. It also means remedying any dangerous situation he or she notices.

What Did the Owner of the Property Know?

This is the most important question slip and fall lawyers will ask when investigating this type of accident case on your behalf.

After all, whether somebody behaved in a negligent manner depends on what he or she knew.

One defense that a property owner may use against you is to assert that you knew about the dangerous condition when you slipped and fell. If you were aware of the danger on the floor when you fell, then the store owner may not be held liable for your injury.

Another defense that might come into play is that the dangerous floor was open and obvious for all to see this risk. In this situation, the store owner does not have to warn you about it or address it.

Information Gathering

Finding out what the owner of the property knew is your legal right. And it’s possible via a procedure known as discovery.

During this procedure, the property owner may have to submit items such as surveillance video, repair logs, and even maintenance records.

Lawyers can also conduct depositions with the property owner at their office locations. During a deposition, the owner will answer the attorney’s questions about the incident, and the answers will be recorded.

In addition to peeking into the store owner’s mind, you can also find out what witnesses saw at the time of your accident.

Slip and fall lawyers can conduct depositions with witnesses, too, to get an idea of what they plan to say at trial.

These testimonies are important because they give both sides an idea of how much the owner of the property was at fault in your accident.

This may serve as a foundation for settlement negotiations if you decide this is the best way to resolve the issue versus going to trial.

What You Have to Prove at Trial

To win your case at trial, you’ll have to prove one of three things:

The first is that the owner of the property should have realized that the puddle of water was covering the floor when you fell.

The second is that this person was aware of the puddle but didn’t take the necessary steps to clean it up.

The third is that the owner of the property caused the water to collect on the store’s floor.

But Beware…

Let’s say the owner of the property is at fault in your accident. This doesn’t mean you won’t assume some responsibility for the fall, too.

This is based on a concept known as comparative negligence. It means if you contributed to the accident somehow, your monetary award might be decreased by an amount reflecting how at fault you were.

A jury or judge will determine this percentage reduction.

A few questions to ask yourself are:

  • Were you texting while heading into the store? In other words, were you distracted?
  • Wasn’t there a warning sign in the area where you fell?
  • Would someone else in your shoes have avoided the situation altogether?
  • Were you not paying a reasonable amount of attention to your environment?

The answers to such questions may help you to estimate your likelihood of being found comparatively negligent.

How We Can Help

We offer help with these types of cases, which can be challenging to win without a proper understanding of the law.

The right slip and fall lawyers will help you recover the monetary damages you have sustained in your accident.

That means even though you can’t undo the accident or its ill effects, you can cover your loss of wages due to not being able to work for a time. You can also cover your medical bills associated with your injuries.

Monetary compensation can also help with addressing emotional distress that your accident caused.

Contact us to find out more about how we can help you to fight for justice following an injury-causing incident.

Get Your FREE Injury "Cheat Sheet"

Inside, You'll Discover How To:

  • INCREASE Your Chance To WIN Your Injury Case!
  • How To ELIMINATE The Most Common Dirty Trick Insurance Companies Do!
  • Get EVERY DOLLAR The Law Allows!

Best of All,  You Can Download The Injury  "Cheat Sheet" RIGHT NOW and It's 100% Free and No Obligation

Testimonials

"Hiring Scott was one of the best moves I have made in my life.   Scott is a down to earth person and attorney.  Scott is a 5 star first class act who really knows his stuff.   The Judge said his presentation was one of if not the best he had ever seen.   Take my advice, hire Scott. I’m sure you’ll be 200% satisfied.  I was."

Richard Lange

Cab Driver, Fall Down                  

See More >

Want The Injury "Cheat Sheet"?

Inside, You'll Discover How To:

  • INCREASE Your Chance To WIN Your Injury Case!
  • How To ELIMINATE The Most Common Dirty Trick Insurance Companies Do!
  • Get EVERY DOLLAR The Law Allows!

Best of All,  You Can Download The Injury  "Cheat Sheet" RIGHT NOW and It's 100% Free and No Obligation

Broken Ankle and Chipped Tooth Nets Sales Manager $120k-plus!

Broken Ankle and Chipped Tooth Nets Sales Manager $120k-plus!

My client, who, for confidentiality reasons, we will call “WR”, was referred to my office by a woman who spoke with me about a case years before but who did not hire me (all of my clients refer me their families and friends, and I appreciate it!).

She broke her ankle and chipped a tooth on a private sidewalk. Most lawyers would tell you: tough case. And it was a tough case. Until I hired an architect and structural engineer to write a report outlining the problems with the sidewalk and the overhang.

Pre-suit, only one of the three Defendants would even return my call. The other two would not acknowledge the claim in any way. That is until I filed a lawsuit. Once they saw that the cooperative Defendant was settling, and saw that my case was ready to go to trial BEFORE I even filed the case, they knew we were serious.

The funny thing is, about 16 years ago, before I was a lawyer, I broke my leg in the exact same way and got the exact same treatment, and my case settled for $30,000.00.

I was able to get WR more than $120,000.00 for her injuries.

All cases are different and I am certainly not suggesting that I can get anyone anything in particular in their case, but I do guarantee that I will work hard on every case that comes into my office.

Not every case ends as well as WR’s case. But when they do, it really makes this job worth doing.

Get Your FREE Injury "Cheat Sheet"

Inside, You'll Discover How To:

  • INCREASE Your Chance To WIN Your Injury Case!
  • How To ELIMINATE The Most Common Dirty Trick Insurance Companies Do!
  • Get EVERY DOLLAR The Law Allows!

Best of All,  You Can Download The Injury  "Cheat Sheet" RIGHT NOW and It's 100% Free and No Obligation

Testimonials

"Hiring Scott was one of the best moves I have made in my life.   Scott is a down to earth person and attorney.  Scott is a 5 star first class act who really knows his stuff.   The Judge said his presentation was one of if not the best he had ever seen.   Take my advice, hire Scott. I’m sure you’ll be 200% satisfied.  I was."

Richard Lange

Cab Driver, Fall Down                  

See More >

Want The Injury "Cheat Sheet"?

Inside, You'll Discover How To:

  • INCREASE Your Chance To WIN Your Injury Case!
  • How To ELIMINATE The Most Common Dirty Trick Insurance Companies Do!
  • Get EVERY DOLLAR The Law Allows!

Best of All,  You Can Download The Injury  "Cheat Sheet" RIGHT NOW and It's 100% Free and No Obligation

When Do You Need A Work Related Injury Attorney?

When Do You Need a Work Related Injury Attorney?

Getting injured at work can be devastating for you and your family.

The emotional costs of these injuries can be hard enough to deal with. When you consider the potential financial costs, it can be extremely overwhelming. 

In these cases, a work related injury attorney may be able to help you get the compensation that you deserve to help your family overcome this hardship. 

Filing for worker’s compensation can result in a lot of negative pushback from employers and other employees. They could be upset that you are attempting to rock the boat. 

Employers are not always looking out for your best interests. So, you need to have somebody on your side if your compensation request goes awry. 

Here are some ways you can determine whether or not you need a work related injury attorney.

The Nature of the Injury

What were the circumstances that lead to your injury? This is an essential question asked in all personal injury cases. 

If your injury happened at your workplace, you may think you have a substantial claim. But you must be able to prove that your injury was a direct result of your employer’s negligence. 

For example, let’s say you became injured after falling in your company’s warehouse. In this case, you have to be able to prove that your injury was because your employer did or didn’t do something. 

Many cases have been won or lost based on this question. If you are in a public place and you slip and injure yourself because of standing water, you have a valid claim for compensation. 

But if there was a “caution” sign next to that standing water, then whoever owns that public place is not technically liable for your injury. 

That’s why you will see many disclaimers post all around work environments that some would consider dangerous. This is a huge part of what makes some compensation cases so complicated. 

Cases where the injury happened at an offsite location can be even trickier. Even if you are at a specific location for the purposes of your job and you get injured, you may not have a substantial case. However, there are instances where these cases were successful. 

Either way, the “how” is the most important part of building your compensation case. This is because the answer to that question will define who is to blame for your hardship. 

The Severity of the Injury

How serious is your injury?

This qiestion directly correlates with whether or not you need to employ a work related injury attorney. If your injury only requires a brief hospital visit or a simple outpatient procedure, it may not be in your financial interest to hire an attorney. 

But if your injury is more serious, there will be more costs associated with it. Additionally, you’ll be entitled to much more money.

For example, if you are severely disabled in some way because of employer negligence, there will be a lot to endure. These things can include surgery, lengthy hospital stays, and physical rehabilitation. 

These injuries can change a person’s life. They will need compensation to ensure that their affairs are being taken care of when they can’t control them. 

A work related injury attorney is often hired in cases where an employee will have to miss work and will not be able to be paid a livable wage for the length of recovery.

In these cases, an employee may be entitled to compensation. This compensation can cover medical costs, lost wages, and emotional damages associated with the injury. 

But sometimes, employers will not want take your injuries seriously. They will pressure you into downplaying your injury so they don’t have to pay you as much. 

Whether or Not Your Employer is Cooperating

Severe, permanent injuries warrant a serious payout. 

This is a major reason to employ a work related injury attorney. The problem is that there are employers out there who will seek to give you as little money as possible for your injury — even if they were indirectly responsible for it. 

It’s shameful, but a lot of employers just want to save their money. This is true even if it means putting your financial and emotional situation in turmoil. 

Insurance companies are sometimes just as guilty. Often, a representative will attempt to question the circumstances and severity of your injury. They will try to pay out less money than you deserve. 

Their job is to question the validity of your claims. However, this undermines the plight of workers who actually need compensation to survive. These workers are regularly not taken seriously. 

In times like these, you need someone who will fight for you and speak up for you and your family. A lawyer can work as your spokesperson. 

An attorney can also negotiate a settlement for you. Settlement payouts can sometimes be in the millions. They can go a long way to ensure you and your family’s security. 

Sometimes, your injury at work is caused by a chronic hazard at your job, such as asbestos. In this case, a lawyer can contact other plaintiffs and help build a class action lawsuit against your company. This way, nobody else will be hurt by their negligence. 

Ready To Hire A Work Related Injury Attorney?

Remember, it’s crucial that you make the decision to contact an attorney before too much time has passed.

The longer you wait, the less that will be covered by your employer’s insurance. You will have to shoulder most of the cost out of pocket.  The time limit to file a worker’s compensation lawsuit varies per state. So, make sure you are aware of the restrictions. 

Hiring a work related injury attorney is the first step to justice. Your injury was not your fault. You shouldn’t have to bear the brunt of all of the expenses associated with your injury. 

Consider employing a work related injury attorney that has experiences dealing with cases like yours. 

Contact us for a free case evaluation and to get closer to receiving the emotional and financial support you need. 

Get Your FREE Injury "Cheat Sheet"

Inside, You'll Discover How To:

  • INCREASE Your Chance To WIN Your Injury Case!
  • How To ELIMINATE The Most Common Dirty Trick Insurance Companies Do!
  • Get EVERY DOLLAR The Law Allows!

Best of All,  You Can Download The Injury  "Cheat Sheet" RIGHT NOW and It's 100% Free and No Obligation

Testimonials

"Hiring Scott was one of the best moves I have made in my life.   Scott is a down to earth person and attorney.  Scott is a 5 star first class act who really knows his stuff.   The Judge said his presentation was one of if not the best he had ever seen.   Take my advice, hire Scott. I’m sure you’ll be 200% satisfied.  I was."

Richard Lange

Cab Driver, Fall Down                  

See More >

Want The Injury "Cheat Sheet"?

Inside, You'll Discover How To:

  • INCREASE Your Chance To WIN Your Injury Case!
  • How To ELIMINATE The Most Common Dirty Trick Insurance Companies Do!
  • Get EVERY DOLLAR The Law Allows!

Best of All,  You Can Download The Injury  "Cheat Sheet" RIGHT NOW and It's 100% Free and No Obligation

7 Smart Tips from Personal Injury Attorneys in Chicago

7 Smart Tips from Personal Injury Attorneys in Chicago

Injured man consulting an attorney about a lawsuit.

You’ve just been injured in a car accident. Left leg was broken. Index finger on your right hand crushed. Left thigh burned to the third degree.

You know you’re entitled to financial compensation due to the negligence of the other driver, but you’re not sure how to go about getting it.  

So where do you turn? The good news is that persoanl injury lawyers are available to help.

Let's take a look at 7 smart tips on how you can successfully naviagte your claim with the best personal injury attorneys Chicago has to offer.

1. File a Police Report ASAP

Remember, if it’s not documented, it didn’t happen, at least according to the courts. Unless you have what happened in writing, anyone can say anything during a personal injury case.

Be sure to include as much relevant information as possible, including the:

  • Full names of every person involved
  • Contact information for every person involved
  • Facts as you know them to be
  • Make and model of the other vehicle if in an auto accident
  • Location and time of the accident
  • Machinery, objects or anything else involved in the accident if not an auto accident

It’s a good idea to write down as much information as possible before filing the police report.

2. Collect Evidence

Every little piece of evidence you can gather for your case can have a significant impact and adds credibility. Your personal injury lawyer can help you with this.

When you’re searching for “personal injury attorneys Chicago,” you’ll want to read the testimonials. Once you’ve established that you’ve chosen a reputable lawyer, he or she can help you know what type of evidence is most important to your case.

Keep in mind that lawyers can get sued, too. So, you’ll want to make sure that the information you’re giving your attorney is accurate, complete, and provided to the best of your ability.

3. Speak Mindfully

During a personal injury court battle, less is more. Make it a point to only speak with your attorney in the privacy of his or her own office.

You’re entitled to your privacy, and the details are no one’s business but yours and whomever you choose to share them with.

Avoid speaking about your case to family, friends, and especially strangers. Though it may seem as if your words are safe when you’re chatting with the grocer, beware. Even the walls can have ears.

Remember that “anything you say can and will be used against you in a court of law.” Keep your confidential information confidential.

4. Take Responsibility For Your Emotions and Reactions

After you’ve sustained a personal injury, all sorts of emotions may come up: anger, grief, fear, sadness, resentment, betrayal. And these are all valid and completely understandable.

But don’t forget these are your emotions, and you can choose how to respond to the situation when they arise.

Pursuing a personal injury claim is about receiving what you’re due in compensation for the physical, financial, psychological and employment consequences you endured. This is not about revenge. It’s only about justice.

So, even though it may be tempting to shout at or curse the person who harmed you, keep your emotions in check. Speak respectfully to all parties involved in your case, resting in the knowledge that justice will be served.

5. Stand Your Ground with Your Insurance Company

It’s natural for your insurance company to offer you the lower financial compensation that you deserve during your first attempt to contact them. They’re trying to save money and will agree to the lowest you will allow. This is normal operating procedures for insurance companies.

While you do want to be reasonable, you don’t want to sacrifice what you’re entitled to. Their inability or unwillingness to see the extent of your personal injuries does not have to determine how much you settle for.

Contact them a third or fourth time if needed. It’s normal for there to be several offers and counter-offers before reaching an agreement.

Comprise where you can to show them that you know what you’re worth and you’re willing to be open and reasonable. But also know when not to budge. This is where a personal injury attorney can help tremendously.

6. Social Media Can Be Your Best Friend or Worst Enemy

Many of us enjoy our daily romp down the Twitter page or our hourly browsing of Facebook pictures.

Social media is connecting, entertaining, and just plain fun.

But it’s important to remember that all this can change during a personal injury claims battle. Every status you post, every picture you take, every comment you give — all of it can potentially be used against you and hurt your personal injury claim.

From that picture of you throwing a ball to your 2-year-old cousin to that status about the great time you had a party the night before, you can greatly affect the outcome of your settlement.

These pictures and statuses can be used to demonstrate that you’re not really that hurt, or that you haven’t really suffered that much.

A good rule of thumb is to take a break from social media altogether during the personal injury claim process. It may just be worth the withdrawals you go through.

7. Hire a Good Personal Injury Lawyer

This may be a given, but it bears repeating. A good personal injury attorney can fight the battles that would only give you additional headaches and stress.

You’ll want to either fully research “personal injury attorneys Chicago” or get a very good recommendation from a trusted source.

The nice thing about having a lawyer is that they often fight these types of battles for you to get you the greatest financial compensation possible.

The next time you’re searching for “personal injury attorneys Chicago,” remember these seven tips.

The Best Personal Injury Attorneys Chicago Can Provide

You don’t want to cheat anyone. You just want to receive what you’re entitled to.

When you’re looking for personal injury attorneys, look no further than DeSalvo Law.

We’ll work with you to make sure you receive what you’re due, and we’ll be there for every step of the journey.

Contact us for more information and let us lead the way!

Get Your FREE Injury "Cheat Sheet"

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  • INCREASE Your Chance To WIN Your Injury Case!
  • How To ELIMINATE The Most Common Dirty Trick Insurance Companies Do!
  • Get EVERY DOLLAR The Law Allows!

Best of All,  You Can Download The Injury  "Cheat Sheet" RIGHT NOW and It's 100% Free and No Obligation

Testimonials

"Hiring Scott was one of the best moves I have made in my life.   Scott is a down to earth person and attorney.  Scott is a 5 star first class act who really knows his stuff.   The Judge said his presentation was one of if not the best he had ever seen.   Take my advice, hire Scott. I’m sure you’ll be 200% satisfied.  I was."

Richard Lange

Cab Driver, Fall Down                  See More >

Want The Injury "Cheat Sheet"?

Inside, You'll Discover How To:

  • INCREASE Your Chance To WIN Your Injury Case!
  • How To ELIMINATE The Most Common Dirty Trick Insurance Companies Do!
  • Get EVERY DOLLAR The Law Allows!

Best of All,  You Can Download The Injury  "Cheat Sheet" RIGHT NOW and It's 100% Free and No Obligation

Can You Sue If You Slip and Fall at Work?

Can You Sue If You Slip and Fall at Work?

Taking the wrong turn and falling down happens sometimes. But what if it occurs at work?

This leaves you injured, unable to work, and out of money. What do you do if you experience a slip and fall at work?

Although worker’s compensation kicks in for many folks, what if it doesn’t? Or what if you believe the accident was the fault of your employer, and shouldn’t have occurred to begin with?

Here’s everything to know about when you can sue if you are the victim of an accident at work that involves slipping and falling.

Prove That Someone Else is Liable for the Accident

When dealing with a slip and fall at work, it’s important to understand that for you to sue your employer, you need to show they were liable for the accident.

Proving fault isn’t simple as an accident occurs. You must make the claim that the employer either ignored or didn’t take action quickly enough to correct a problem.

An ideal example of this is a huge puddle of water that was left standing. You come into work and don’t see the puddle, causing you to slip and fall.

If your employer wasn’t in the act of getting a mop or attempting to clean up the mess or even show there was a mess present (such as with signs) this presents a problem. Another example would be the workplace not training new employees in proper safety measures.

These are examples showing that there is a lack of concern and you are not the one at fault. Make sure you’re aware of what workplace conditions are present, so you have an accurate picture of what you’re dealing with.

Show That Conditions Existed Causing You to Slip and Fall at Work

When proving an accident at work, it’s important to understand the difference between the employer not doing their job and cleaning up, and being careless and not paying attention. When suing someone, the burden of proof remains on you to show that you weren’t at fault for what occurred.

If you don’t look where you’re going, ignore signs that are clearly up around a wet or damaged area noting it is dangerous, or simply didn’t see someone who was working on the area, this creates an issue. It’s important to show that none of these things were present when your accident happened.

When understanding slip and fall injuries at work, here are certain factors that contribute to them:

  • Ice
  • Lubricants on the floor or ground
  • Water
  • Wires, cables, or other cord-like items across the floor that lead to tripping

Keep in mind other factors such as if you:

  • Have a disability, and use a cane, crutches, or another type of walking aid
  • If you were carrying several items at once and weren’t able to see what caused your accident
  • There were signs up that you missed
  • You were in an area that transitioned from one surface to another (carpet to floor)

Being aware of your surroundings and what caused you to have a problem is crucial to your case. You’ll need to give your lawyer complete information when you file a slip and fall at work suit against your company.

Show The Accident Wasn’t Created by You

Certain accidents, especially those caused by you, cannot be used when suing for slip and fall. This is because you are the one responsible for what caused the accident.

Let’s you start mopping and get called away to do something else without putting up signs alerting others to a wet floor, and you come back and slip. The fault becomes yours since you were responsible for addressing what caused the slip to begin with.

Proving fault in a slip and fall lawsuit is difficult for some folks. This is true for those that played a role in creating the conditions that lead to the accident.

Some examples of problems that weren’t created by you are:

  • Long-time hazards that the company knew about but did not fix
  • No signage up that would make employees aware of the problem
  • The problem was created by someone other than the employee
  • The problem occurred before the employee arrived to work

You’ll also need to show that there was no reasonable understanding of the problem or condition. For example, someone who saw signs up about slippery surfaces would infer not to walk quickly in that area.

When pursuing a slip and fall at work, documentation is one of the most important things. This helps your attorney build a strong case, and show how the manager or owner left the area in a state of neglect.

Make a note of:

  • Where the accident occurred
  • How long it had been in this condition
  • What happened to you
  • Any diagnoses from a doctor you saw related to this accident
  • Any witnesses who will come forward with the accident

The more you can prove you weren’t at fault for what occurred, you’re likely to win a slip and fall case against the company and your employer.

Let Us Help You

Taking your employer to court over a slip and fall at work is intimidating. You don’t want to lose your job, but you aren’t comfortable or safe with a company that permits bad conditions.

Contact us, and see how we help build your case. Together, we help you work toward a solution that involves safety and gives offers financial help for the pain and suffering endured.

We will help you find a solution to your problems and ensure no one else’s safety gets put in jeopardy by the company. Get started and reach out to our offices today.

Get Your FREE Injury "Cheat Sheet"

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  • INCREASE Your Chance To WIN Your Injury Case!
  • How To ELIMINATE The Most Common Dirty Trick Insurance Companies Do!
  • Get EVERY DOLLAR The Law Allows!

Best of All,  You Can Download The Injury  "Cheat Sheet" RIGHT NOW and It's 100% Free and No Obligation

Testimonials

"Hiring Scott was one of the best moves I have made in my life.   Scott is a down to earth person and attorney.  Scott is a 5 star first class act who really knows his stuff.   The Judge said his presentation was one of if not the best he had ever seen.   Take my advice, hire Scott. I’m sure you’ll be 200% satisfied.  I was."

Richard Lange

Cab Driver, Fall Down                  See More >

Want The Injury "Cheat Sheet"?

Inside, You'll Discover How To:

  • INCREASE Your Chance To WIN Your Injury Case!
  • How To ELIMINATE The Most Common Dirty Trick Insurance Companies Do!
  • Get EVERY DOLLAR The Law Allows!

Best of All,  You Can Download The Injury  "Cheat Sheet" RIGHT NOW and It's 100% Free and No Obligation

CTA Accident Claims and CTA Injury Cases

CTA Accident Claims and CTA Injury Cases

What You Need To Know If You Were Injured on the CTA

A lot of people get hurt on the CTA (Chicago Transit Authority) buses and trains. The CTA operates buses and trains that transport millions of people every year. Some of their drivers and train operators are great and skilled.

Many of them are not very bright and are not very diligent at their jobs. A lot of them are just waiting for retirement and couldn’t really care much less about the safety of their passengers.   Many of them are angry at cutbacks and staff reductions and they end up taking it out on the CTA passenger by acting with less care and safety than they should.

hurt on ctaAt least 6 times per year, I am contacted by someone who is hurt by bad driving or other bad conduct by a CTA employee.  

This includes pumping the brakes on a crowded bus, causing people to fall, or hitting the brakes hard for no reason, or a bus driver not paying attention and closing the pneumatic power bus doors on a person who is entering or exiting the bus. Or even falling in a train station or “El” platform.

Usually, the injured person doesn’t want to make a big deal about their injury. Maybe they call the CTA to try to resolve the case themselves. When you do, they get a big surprise.

See, the CTA, years ago, would settle small cases and cases they know are valid. Those days are gone. These days, CTA buses and trains all have video cameras that take pictures inside the bus AND outside the bus.  

And when the CTA is helped by the video, showing a very minor incident or if the accident did not happen the way the injured person says it did, they tend to have access to the video. They use the video very persuasively in their defense of the CTA injury case.

But I have seen a disturbing trend where, in major cases and in cases where I have a number of witnesses to the negligence of a CTA employee, suddenly the video ‘goes missing’ or there was a ‘camera malfunction.’  

Very convenient for the CTA and their defense of a case where someone is hurt on a CTA bus or train. It used to be that there was a 6 month deadline to file a Statutory Notice, notifying the CTA of the facts of the injury, but that law has been repealed.  

But you STILL only have one year from the date of an injury to file a lawsuit. YES, the Statute of Limitations is usually 2 years in many types of injury cases…

BUT THE CHICAGO TRANSIT AUTHORITY HAS MORE PROTECTION AGAINST LAWSUITS BECAUSE IT IS ONLY ONE YEAR!

Armed with video, the CTA rarely or never settles these cases and that means that the smartest thing you should do if you get hurt on the CTA is to call a lawyer right away.

Unfortunately, some personal injury lawyers in Chicago so not even want to handle cases against the CTA, because they know they do not settle and they have to go to trial. However, some do, like yours truly…

At least twice a year, I am forced to give the bad news to someone who has been wrongfully hurt by the CTA. Because they did not contact a lawyer or file the lawsuit within one year, their case is over and nothing can be done.

That is why I always encourage people to contact a personal injury attorney in Chicago if they have been injured.

Although these requirements that apply to the CTA in personal injury claims are the worst (cases against the City of Chicago also have a one year deadline), there are all sorts of variations and exceptions in the Statutes of Limitations in all sorts of different cases.

Only qualified attorneys have the training and experience to evaluate your personal injury case and let you know whether you still have time to file a personal injury lawsuit in your injury case.Neck Injury

CTA lawyers fight all of these cases, even when they know that they should settle. That’s because the CTA lawyers are employees, and executives at the CTA in the city of Chicago decide policy.

They have decided that they will save more money by fighting in cases where they should pay. Many of the lawyers who work for the CTA have been there for years. That means that they have defended the same kind of case, over and over.  They get really, really good at it.

Imagine if you only did one kind of job…over and over. After a while, you’d get pretty good at it.  Because you’d have 20 or more years of experience doing that one thing. These TA lawyers are smart cookies with lots of experience.  

You’d better hire a lawyer who is willing to take your case ‘all the way’ if that’s what it takes to get the job done. I do not mean to discourage you. I have had success with CTA cases.

Many of the best cases I have had involving an injury on the CTA came from people who ALMOST didn’t call me. Then, it turns out that I was able to develop evidence and information that made their case very strong.  

Many times, we do not know unless we put in a bit of time and money and effort into seeing just how strong we can make your case. Besides, injury lawyers offer free consultations, so it costs you nothing.

What You Need To Know If You Were Injured on the CTA

Budget cutbacks and poor use of the money they get from taxes means that CTA management has reduced the safety of the entire CTA system over the years.

Reducing staff, most notably the number train conductors on a train, the number of staff at train stations and the number of bus drivers has resulted in a major transit system that has become substantially less safe. All the while, the cost to ride the bus or train continues to go up.   

As citizens and taxpayers, we shouldn’t stand for it. We should demand care for our safety and a reasonably safe ride for the cost of our fare and tax dollars.

What a lot of people don’t realize is that the CTA is what is called a “common carrier” – meaning that normal people place their safety in the CTA’s hands every day.

Because this is the case, the CTA is supposed to exercise the ‘highest degree of care’ for the safety of its passengers. But often times, they don’t. There can never be any reasonable excuse for this.  

But rather than giving any sort of reasonable excuse, the CTA tries to cover up wrongdoing, pretend that it is no big deal. They defend cases even when they know that there were wrongdoings and violations of even their own internal safety policy.

CTA never settles the case before filing a lawsuit — almost never. I get contacted by lots of people who get a phone call from the CTA about their CTA accident claims. CTA collects a lot of information from the injured person.

Sometimes, they even take a recorded statement from the person. I always tell my clients never to do that, but people do it before they call me. In my opinion, that is always a mistake. The people who call me tell me that they think the CTA is getting ready to settle their case.   

I promise you, they are not. They are creating a defense to your case from the minute they pick up the phone with you. They act helpful and friendly, but they don’t settle cases anymore.

They are being nice to you so that you will give them information to beat you if your case goes to court.

I have what I think is a unique way of handling CTA cases and I am able to settle some of them.  And really, at this point, I’m ready to take them all to trial.

Most Common Cases

Here are the most common kinds of cases I get calls about when someone is hurt on the CTA:

  • The bus suddenly stops or suddenly starts, and the client falls down.
  • The bus crashes into something, including another car, truck or bicycle, or even a concrete median.
  • The train stops, and then lurches suddenly as a passenger is getting up to get off the train, causing them to fall.
  • The train malfunctions and fails to stop and smashes into something.
  • The CTA bus or train operator closes the door on a rider, hurting their hand or arm; or even worse, started to drive away, dragging the client!
  • There is water or debris on CTA property, causing a fall.

There are other ways you can say “I got hurt on the CTA” but these are the most common. Until personal injury lawyers show the CTA that they’re not afraid to go to trial, then the strategy of not settling cases rewards them by saving them money.

testimonials-heroSo, this is going to sound very self-serving but I will tell you whether you hire me or you hire another lawyer: the number one thing that is going to make a difference between you recovering money or getting no money is hiring a good lawyer with experience.

I am telling you, there are ways to handle CTA injury cases that many lawyers do not know about.

Most general injury lawyers (who aren’t experienced in CTA cases) don’t even know about these techniques and strategies. They’ve never read about it, never tried it and never studied it.

Choosing an Attorney

So make sure you speak with an attorney who has handled train crash and bus crash cases. If you talk to a lawyer and they ask you three or four questions and then immediately reject your case, they may not be thinking creatively enough about your case.

I’ve been able to get substantial settlements for several clients in several different kinds of cases against the Chicago Transit Authority.  

Make sure your CTA lawyer can handle an injury on the El, a CTA bus crash, or even a case where the CTA driver closes the door on your arm (believe it or not, this happens an awful lot).

If a CTA injury lawyer is going to take a case, then he or she needs to be willing to take the case ‘all the way’ or give you a very good explanation why not. That’s often the only means of making sure that YOU end up with full compensation for your injuries.

Lawyers have to take the CTA to trial and win verdicts against them to convince the CTA that they ought to try harder to settle cases. If you have a CTA accident claim, give me a call. Maybe I can help.

 

injury lawyerIf you have been hurt or have questions about an injury case, I offer injured people a copy of my FREE Injury DVD and Book.  

 

Just call me at my 24/7/365 toll free number 888-HURT-318 (888-487-8318) and ask for the free injury book, and give us your name and mailing address and I will mail it to you free of charge and no obligation. If you are ready to talk, call that same number and ask to speak with me!

Get Your FREE Injury "Cheat Sheet"

Inside, You'll Discover How To:

  • INCREASE Your Chance To WIN Your Injury Case!
  • How To ELIMINATE The Most Common Dirty Trick Insurance Companies Do!
  • Get EVERY DOLLAR The Law Allows!

Best of All,  You Can Download The Injury  "Cheat Sheet" RIGHT NOW and It's 100% Free and No Obligation

Testimonials

"Hiring Scott was one of the best moves I have made in my life.   Scott is a down to earth person and attorney.  Scott is a 5 star first class act who really knows his stuff.   The Judge said his presentation was one of if not the best he had ever seen.   Take my advice, hire Scott. I’m sure you’ll be 200% satisfied.  I was."

Richard Lange

Cab Driver, Fall Down                  See More >

Want The Injury "Cheat Sheet"?

Inside, You'll Discover How To:

  • INCREASE Your Chance To WIN Your Injury Case!
  • How To ELIMINATE The Most Common Dirty Trick Insurance Companies Do!
  • Get EVERY DOLLAR The Law Allows!

Best of All,  You Can Download The Injury  "Cheat Sheet" RIGHT NOW and It's 100% Free and No Obligation

Proving Fault: Understanding a Slip and Fall Lawsuit

Proving Fault: Understanding a Slip and Fall Lawsuit

Each year, more than 800,000 people are hospitalized due to a slip and fall injury, often because they’ve injured their head or broken their hip. Long-term impacts can range from disability and time off work to dependence on others and reduced quality of life.

Whether you’re on public or private property, if you’re seriously injured, you may need to prove fault in a slip and fall lawsuit. This type of lawsuit is complicated and includes a variety of different factors, but this blog post will help you understand your rights and responsibilities.

Ready? Let’s get started.

Understanding Slip and Fall Law

When you hear the term “slip and fall law”, this is referring to the rules around liability when someone falls and suffers harm due to dangerous or unsafe conditions on public or private property.

These cases are determined by the basic rules of negligence. While the word “slip” is referenced, the law covers any accident resulting from someone encountering unsafe conditions producing a twist, overextension, stumble, or another movement.

Slip and fall cases can be caused by hazards like:

  • Potholes
  • Uneven steps
  • Broken floor tiles
  • Snow and ice
  • Objects on stairs
  • Cracked sidewalks
  • Spilled food or liquid
  • Indirect causes like missing handrails or dim lighting

As soon as a slip and fall accident has occurred, the first step is to identify the responsible parties. Often, the fault can be attributed to a tenant or employee, but there will also sometimes be other parties who exercised ownership or control of the accident site.

These can include the owner or landlord of a property, a business owner, or a property manager. Most of the time, one or more of these people will be covered by liability insurance.

If it’s not immediately possible to determine the identity of the responsible party, in most jurisdictions will allow for a “John Doe” defendant to be named. The court documents are then changed once the responsible party or person is identified. This means that the plaintiff can file on time.

If a slip and fall accident happens on public property, the government can be sued in limited circumstances.

Winning the Lawsuit

To win a slip and fall lawsuit, you’ll need to show one of the following:

  • The employee or owner should have known of the dangerous hazard or condition because a “reasonable” person in their condition would have known and fixed it.
  • The employee or owner already knew about the hazard but didn’t fix or repair it.
  • The employee or owner caused the hazard (broken flooring, spill etc).

Most of the time, property owners are good at keeping their premises safe. Most often, the first situation is the one litigated in these cases. But this is also tricky to prove due to the words “should have known”.

It will ultimately be up to the jury or judge to decide whether the employee or property owner should have known about the hazard that caused injury.

Proving Fault

A slip and fall lawsuit requires a plaintiff to prove negligence. This means that the defendant didn’t act in a reasonable manner. For example, we can reasonably expect store clerks to place warning signs when they’ve recently mopped the floor. If this doesn’t happen, and someone slips on that floor, the store can, therefore, be liable for negligence.

It’s possible to prove whether someone acted negligently by revealing what they knew at the time. The plaintiff will find this out through discovery, which is a procedure where the defendant must turn over surveillance videos, repair logs, maintenance records, and any other similar items.

Testimony

Slip and fall victims can also gather sworn testimony about the accident. Plaintiffs don’t need to wait until the case goes to trial to hear what the witnesses will say. Instead, the defendant and witnesses will conduct depositions, which are recorded interviews.

This testimony is crucial in negligence cases. When the defendant and plaintiff receive this evidence early on in the litigation process, they can understand which circumstances led to the accident. This also helps them determine who is at fault.

Both sides will then take into account how severely injured the slip and fall victim is, and then determine how much the case should be worth. From there, settlement negotiations will begin.

Defenses

Landowners and homeowners must disclose and/or eliminate any known hazards to their guests. They need to tell guests of any potential risks in their home before when they’re invited in. Property owners have some knowledge-based defenses that they can use in a slip and fall lawsuit.

Actual Knowledge Defenses

If someone tells you to watch out for a ladder, a slippery step, or some other hazard, they’ve discharged their obligations by warning you of a dangerous condition. Once you know about a hazard, a property owner or landowner is no longer liable.

Open and Obvious Defenses

If hazards are ‘open and obvious’ it means anyone can see the risk. That means that the owner or landlord of a property doesn’t actually need to warn someone f the danger or fix the hazard.

An example could be if someone decides to walk across a frozen pool or pond- this would be seen as an obvious hazard. However, this defense can’t work if you have no choice but to encounter a particular hazard due to circumstances that the property owner could control. An example could be a stairway with no rail as the only way for you to get to and from your apartment.

Need Help With Your Slip and Fall Lawsuit?

If you’re involved in a slip and fall accident, the first thing you should do is get medical attention. Make sure you document everything you can and speak to an experienced lawyer ASAP.

Wondering if you should consider a slip and fall lawsuit? We can give you expert advice. Get in touch today to learn more.

Get Your FREE Injury "Cheat Sheet"

Inside, You'll Discover How To:

  • INCREASE Your Chance To WIN Your Injury Case!
  • How To ELIMINATE The Most Common Dirty Trick Insurance Companies Do!
  • Get EVERY DOLLAR The Law Allows!

Best of All,  You Can Download The Injury  "Cheat Sheet" RIGHT NOW and It's 100% Free and No Obligation

Testimonials

"Hiring Scott was one of the best moves I have made in my life.   Scott is a down to earth person and attorney.  Scott is a 5 star first class act who really knows his stuff.   The Judge said his presentation was one of if not the best he had ever seen.   Take my advice, hire Scott. I’m sure you’ll be 200% satisfied.  I was."

Richard Lange

Cab Driver, Fall Down                  See More >

Want The Injury "Cheat Sheet"?

Inside, You'll Discover How To:

  • INCREASE Your Chance To WIN Your Injury Case!
  • How To ELIMINATE The Most Common Dirty Trick Insurance Companies Do!
  • Get EVERY DOLLAR The Law Allows!

Best of All,  You Can Download The Injury  "Cheat Sheet" RIGHT NOW and It's 100% Free and No Obligation