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How Can You Prove Fault in a Slip and Fall Case?
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.
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Possible Causes of Trucking Accidents
A car accident lawyer near Riverside, CA, handles cases of auto collisions involving commercial trucks . Sadly, trucking accidents almost always result in serious personal injuries, simply because trucks are enormous vehicles. When a trucker loses control, the results can be devastating. If you are hurt in a trucking accident, contact a personal injury lawyer as soon as you can. Continue reading to find out why trucker fatigue, speeding, and distracted driving cause trucking accidents.
Driver fatigue is one of the leading causes of trucking accidents. As a personal injury lawyer knows, state and federal laws regulate the number of hours each trucker can drive per day. Unfortunately, many trucking companies and drivers ignore these rules. Another cause of trucking accidents involves speeding. Truckers are almost always in a hurry to get to the next destination, and truck drivers often seriously exceed the speed limit, causing major auto accidents. Distracted driving is another cause of personal injury and visits to personal injury law firms, and may occur if a driver uses a cell phone to talk or text, or adjusts the ratio.
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Auto Accidents in California [INFOGRAPHIC]
Even though driving a car is something many people do every day without incident, accidents can happen at any time. There were roughly 3,000 fatalities due to auto accidents in California in 2013, an increase of over one percent from the previous year. If you or someone you love has been injured or even killed as a result of an auto accident, you need an accident lawyer near Riverside to represent you and your rights. Accidents can be caused by negligence, unsafe driving conditions, alcohol or drug impairment, and more. Take a look at this infographic to learn more about the statistics and changes in car and motorcycle accidents in California. Please share with your friends and family, and remember to stay safe on the road.
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Advice for Avoiding Motorcycle Injuries
A personal injury attorney handles many motorcycle injuries each year. Sadly, motorcycle accidents sometimes have the most serious personal injuries. Unlike a passenger in a vehicle, a motorist has little protection during a car accident. If you have been hurt in a motorcycle or any other kind of auto accident, contact an auto accident lawyer to find out if you may have a claim for damages. Continue reading to learn how.
Be Aware
All too often, an accident attorney handles motorcycle accident cases that could have been avoided if the motorists had been paying more attention. If you ride a motorcycle, it is especially important to always be aware of your surroundings. A split second can make the difference between life and death. As you drive, always look for signs that indicate a car may be turning ahead of you. For example, if there is a gap in traffic and a car is waiting at an intersection, make sure to slow down, cover your brakes, and be prepared to act. A gap in traffic indicates that someone can drive through that gap, even if you do not see a vehicle.
Be Cautious
Auto accident lawyers also regularly handle cases of drivers and passengers hurt because someone was speeding. Speeding is one of the most common causes of personal injury accidents, and motorcyclists are no exception. Whenever you are on the roads, ride at a pace where your reaction time and ability to react to sudden situations fit within your range of vision. By staying at an easy pace, you can be prepared for any obstacles in the roadway, including stalled cars and potholes.
Be Watchful
A personal injury firm warns all potential clients to be watchful of blind spots at all times. A blind spot is the small area on either side where a driver’s mirror does not naturally reflect. In these spaces, a motorcycle or vehicle driver is completely blind, because it is impossible to see surrounding motorists. Before changing lanes, always look completely over your shoulder, and never rely on a mirror alone.
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Understanding Pain and Suffering Compensation
Personal injury law firms serving Riverside, CA, may suggest pursuing a claim for pain and suffering compensation . As your personal injury attorney will explain in more detail, pain and suffering refers to physical and emotional injury suffered by an accident victim. You can learn more from this video.
When a personal injury lawyer evaluates your claim, he will generally advise pursuing compensation for medical bills, lost current and future wages, and pain and suffering. While only a qualified accident lawyer can properly evaluate your claim, pain and suffering is almost always experienced by an accident victim. Experience personal injury attorneys pursue the maximum amount of damages for all clients. Damages from pain and suffering can widely vary, and your compensation depends on how badly you were hurt and the circumstances surrounding the accident.
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What Injuries Are Most Common After Car Crashes?
Car crashes can inflict injuries on any part of the body. Even minor fender benders can result in serious injuries and chronic symptoms. After calling the emergency dispatcher and filing a police report, it’s essential to get to the nearest hospital—even if you don’t think you’ve suffered serious injuries. The adrenaline your body releases during a crash can camouflage symptoms, which means your injuries may not be immediately evident. Seeking medical care is also imperative because your personal injury lawyer can use your medical records to substantiate your claim. After you’ve received medical care, get in touch with accident attorneys in Riverside, CA to discuss your legal rights and options.
Whiplash
Whiplash is one of the most common injuries that accident attorneys see in car crash victims. Whiplash primarily develops in victims of rear-end collisions. It refers to damage of the tendons, muscles, ligaments, and nerves of the neck. Sometimes, car crash victims also suffer injuries of the intervertebral discs. The symptoms of whiplash—which typically include neck pain, stiffness, and reduced range of motion—may not develop until a few days after the crash. If you’re diagnosed with whiplash, be sure to inform your auto accident lawyer of any changes in your health status while your claim is pending.
Traumatic Brain Injuries
A personal injury case that stems from an auto accident may involve a traumatic brain injury (TBI), which can range from mild to severe. A mild concussion or TBI may cause disorientation, confusion, brief loss of consciousness, headache, fatigue, dizziness, nausea, and vomiting. Even when symptoms are mild, victims are generally advised to stay home and rest until the symptoms are completely resolved. A severe TBI can result in extensive losses. Victims may be in a coma, minimally conscious state, or vegetative state. Victims may suffer from seizures, intellectual impairment, paralysis, behavioral changes, communication impairment, and sensory problems. For some, the complications of a traumatic brain injury last a lifetime.
Chest Injuries
Chest injuries are quite common in car crashes. Although seatbelts and air bags can save lives, they can also inflict injuries when a person is forcefully thrown against them. Drivers may suffer chest injuries if they strike the steering wheel. Chest injuries can range in severity from minor contusions to broken ribs or internal organ damage.
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Are You Entitled to Compensation After a Dog Bite?
Dogs may be man’s best friends, but they have also been known to attack people and inflict serious injuries. If you’ve been attacked by someone else’s dog , you should contact a personal injury lawyer in Riverside that specializes in dog bite claims, after you receive medical care. Personal injury law in California may allow you to recover compensation for your medical expenses, lost wages, and related costs. To determine if you’re eligible to seek compensation, your personal injury attorney must know the exact location of the attack.
Under California dog bite laws, victims may only seek compensation if the dog attacked in a public place or while the victim was lawfully on private property. This caveat protects dog owners whose pets bite unlawful intruders. As your personal injury attorney can explain to you, California follows the strict liability concept for dog bite cases. This means that your injury lawyer can pursue compensation on your behalf regardless of whether the dog had never previously displayed a “vicious nature.” It also means that the dog’s owner cannot try to dispute the claim based on fault.
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What Is the Legal Definition of Negligence?
If you’ve recently consulted a personal injury attorney serving Riverside, CA, you may have heard the term “negligence.” Negligence is a key concept in personal injury law. As you’ll learn when you watch this video, the legal definition of negligence is that a person owes a duty of care to another person, yet breached that duty in some way. For example, if you are the victim of a car crash, your personal injury attorney may argue that the other driver had a duty to exercise reasonable caution on the road, yet he or she breached that duty by speeding, tailgating, or engaging in other dangerous behaviors. Your personal injury attorney must also prove that the defendant’s negligent behavior directly caused the crash and your injuries.
You can learn more about the concept of negligence by consulting your injury lawyer and by watching this video. You’ll hear about the types of compensatory damages that may result and you’ll learn the steps you should take immediately after an accident.
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Answering Common Questions About Slip and Fall Cases
Quite often, falls occur because an individual failed to exercise reasonable caution, such as by texting while walking. However, in some cases a fall may be the result of negligent behavior on behalf of the property owner or manager. This is known as a slip and fall case. Under personal injury law, a victim may be eligible to seek compensation for damages related to the incident. If you or a loved one has suffered injuries in an accident, you can contact a slip and fall lawyer near Riverside, CA to discuss your case. Your personal injury lawyer can answer any questions you may have.
Who Might be Held Liable in a Slip and Fall Claim?
The defendant in a slip and fall lawsuit will depend on the circumstances of the incident. Your personal injury lawyer may name the owner, supervisor, or manager of an apartment building, restaurant, or other type of property in which the accident occurred. If you slipped and fell on rental property, your injury lawyer will review the lease agreement to determine if the tenant or the landlord was responsible for the existence of the hazardous condition.
What Constitutes a Hazardous Condition?
The types of hazardous conditions that may cause an accident are virtually limitless. Some hazardous conditions are permanent, such as a staircase that was defectively designed. Others are temporary, such as frayed carpeting. A lawsuit may be filed when a person slips because of spilled beverages or food, loose electrical cords, broken handrails, or inadequate lighting, just to name a few. However, it’s important to note that proving the existence of a hazardous condition that caused the fall is not sufficient to obtain a favorable resolution to a lawsuit. Your injury lawyer must also demonstrate that the defendant created the condition or knew that the condition existed, yet failed to correct it within a reasonable amount of time. Alternatively, the lawyer could demonstrate that the condition existed for such a length of time from which it may be inferred that the owner should have known about the problem.
What Damages Could I Recover?
Slipping and falling by itself isn’t the basis for a lawsuit. In addition to proving negligence and the existence of a hazardous condition, your lawyer must prove that you suffered damages as a result. If so, a lawsuit may recover compensation for your diagnostic tests, medical treatments and procedures, lost wages, and loss of earning capacity.
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