January, 2016 January 2016 - TMHLAW
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How To Avoid Losing a Fall Down Victim Case

What you don’t know could hurt you. Be sure to do your research when filing and learn about common errors.

A fall down victim case is a relatively common occurrence that requires a lawyer and immediate attention. People who are injured in a fall down victim case often make the error of waiting before speaking to a lawyer, thinking they have two years or more to do it. Waiting a few months is a mistake.

Fall Down Victim CaseHere’s why:

  1. Evidence may be destroyed 

    The time following the accident is exceedingly important for gathering the evidence required to prove your case. A deciding factor in a fall down victim case is the proof that a defect or danger existed…and without that, you won’t be able to establish much else. If you contact a lawyer early on, he or she can assess from the outset whether the proof is sufficient and take action if it is.

  1. Multiple parties may be responsible. 

    If you’re like many people, you’ve been in a fall down accident wherein multiple parties are at fault. This complicates your case. Especially if it occurred in a large commercial building, maintenance or other contractors may be the real parties at fault for what occurred. Figuring out who is actually responsible will take some time. If the party is not located before the two-year statute passes, that party will likely be dismissed from the case. Do not wait to start your case. You never know how much time all this could take.

  1. Fill out an accident report at the time of the fall 

    If your company has a way of generating reports, it’s a good idea to make a record of what happened as soon as you are able. Include such information as:

  • The events leading up to the fall
  • Who was there, and who you talked to afterwards (if anyone)
  • What you heard, saw, felt, smelled, etc.
  • Pictures taken from your phone to show evidence of the defect or danger that caused the accident

Even if your company does not have a formal system, you should still take notes down in a notebook about everything that happened, date it, etc. You are not required to make any written statements or sign anything, and you do not need to respond to insurance adjusters if they come to you asking questions. It is generally NOT in your interest, in these cases, to talk to the adjuster. Simply tell them that you are being represented by X lawyer.

TMH Law

We specialize in slip/trip and fall down victim cases especially in the Pennsylvania and New Jersey areas. Should you require assistance at this time to decide whether you have a case because of an injury at work, please call us for a free consultation of your needs at 215) 543-6771.

fall down victim case | victim case fall down

3 Things Never to Say to a Fall Down Victim

TMH Law: a new perspective on slip trip and falls.

We’ve all been in a situation where someone sticks their foot in their mouth, generally at a somber or important occasion. It even happens that sometimes the words are coming out of our own mouths! Nobody is perfect. But here at the law offices of Thomas More Holland, we know that a fall down victim goes through a lot. And there are a lot of such victims! In fact, the National Safety Council cites that falls are the leading cause of unintentional injuries in the United States. That’s why we’ve compiled a list of helpful things not to say to a fall down victim.

3 Things You Should Never Say to a Fall Down Victim

  • It was just an accident.

fall down victimA slip trip and fall is almost never just an accident. In fact, while the saying exists that some people trip over their own feet, the saying is more indicative of a general level of clumsiness. Actually “tripping on one’s own feet” is a rare occurrence. A fall down victim could tell you that most slip trip and falls are directly caused by negligence on the part of a landlord, mall, restaurant, or supermarket. Unrepaired sidewalks, a lack of proper signage, or no prompt cleaning up of spills are more often the culprits. These conditions are strictly regulated by the law, and while many might label a slip trip and fall as an “accident”, fall down victims deserve the compensation they are due by the law for unnecessary hurts and harms sustained.

  • Accidents happen! Get over it!

This is indirectly implying that the fall down victim was part of some grand cosmic destiny, that fate or karma directs who trips and who does not. In fact, the specific laws governing proper maintenance, signage, and upkeep of public walkways are there for a reason. Accident or no, a fall down victim has been injured, and should not have to shoulder the burden of missed work time or expensive medical bills alone. The legal system is designed to protect the citizens of this great nation. It’s not taking advantage, or making a fuss, it’s just being part of a system that is supposed to work for the good of everyone in it.

  • It isn’t worth it.

True, the legal system is not always expedient, but any amount of time is worth it if you’re going to get the compensation you deserve. While some law offices might charge you absurd amounts up front, and the risk you take when hiring them to represent you is enormous, the law offices of Thomas More Holland only get paid when you win or the case is settled. You can be sure it will be worth it when you’re represented by TMH Law.

If you or a loved one is a fall down victim, rest assured that TMH Law understands your case. As such, TMH Law is the most equipped to then make the case for your interests.

TMH Law: Dispensing justice, righting social wrongs.

What Injuries Qualify You for Slip, Trip, and Fall Settlement

Trip Slip and Fall Settlement

Are you gathering evidence to make your case?

If you or someone you know has recently gotten hurt at work, don’t wait. You may be able to collect damages for your injuries in a slip and trip fall settlement, thereby removing the financial burden of rehabilitation and medical care from your shoulders.

slip trip and fall settlementA “slip and fall case” simply refers to when a person slips or falls on a hazardous surface. In personal injury law and premises liability law, this is a common type of case. TMH Law in Philadelphia is experienced fighting for worker’s rights, including those which are compromised in an injury situation at work. When a property owner has not taken proper care to secure the safety of the premises and that negligence leads to someone getting injured, that results in substantial liability for the owner. Read more to avoid common mistakes when seeking a settlement for a work-related injury.

Did you know that slips and falls is the top reason for claims for workers compensation and a leading cause of occupational injury in workers aged 55 and older?

Reasons why the owner may be held liable

If you want to prove that the property owner is responsible for your (or your loved one’s) accident, you must be able to demonstrate that the owner knew –or should have known—about the slip trip and fall hazards. These might be reasons why you might want to pursue a lawsuit against the business owner:

  • The owner fails to warn people about the dangerous condition
  • A failure to conduct regular inspections leads to the accident
  • A combination of factors, such as spills that were not taken care of, which reflects negligence on the part of the owner

Common Types Injuries leading to Slip, Trip and Fall Settlements

These are a few reasons why a slip and fall injury could occur:

  • Slippery surfaces caused by muddy, wet, icy patches. This could materialize outside of a business entrance, or right on the floors inside where shoes and umbrellas cause water puddles. Even if the owner doesn’t control the weather, he or she still has a responsibility to clean these surfaces or put a sign up to warn about the dangerous condition.
  • Food and liquid spills are also a cause of falls at a business. An owner has a duty to monitor these spills and ensure that the business does everything it can to clean it up in a timely manner.
  • Cracked pavement, tile, and chipped or rough flooring with holes or loose carpets may also be a cause of an accident in which the property owner is liable. Have you ever tripped over a piece of loose carpeting or loose wood flooring?
  • Inadequate lighting could cause you to fall if you can’t see where you’re going. That’s the job of the property owner, and he or she is responsible for ensuring that it gets replaced so that you are always able to see while on the job (or at a business premise)

The key is: if you’ve been injured, don’t waste any time. The longer you take, the harder it can become to gather the evidence needed to prove your case and win a slip trip and fall settlement. Call a personal injury lawyer today at TMH Law to have your case assessed in a free consultation with one of our attorneys.

slip trip and fall settlement | settlement slip trip and fall

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