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Understanding Negligence in a Slip and Fall Case
A slip and fall accident can result in injuries both mild and severe. On the mild end of the spectrum, individuals may only suffer momentary pain, such as that caused by a stubbed toe. More serious cases can involve sprained ankles, fractured bones, spinal cord damage, or traumatic brain injury (TBI). If you’ve sustained injuries in a slip and fall accident in the Riverside area, you have the right to contact a personal injury lawyer to discuss your legal options.
Evaluating Injuries
Your personal injury lawyer will assess your case to determine if certain elements are present. First, victims of slip and fall accidents must have sustained damages or losses directly caused by the accident. If you fell, but weren’t hurt and didn’t require medical care, then you cannot hold someone liable for the accident. Your medical records should be sufficient to prove your damages.
Identifying Hazardous Conditions
Next, your personal injury lawyer will consider whether a hazardous condition was present that caused you to slip or trip. Some common causes of slip and fall accidents include inadequate lighting, uneven floorboards or missing floorboards, the lack of handrails, and the presence of spilled liquid on the floor. However, the mere presence of a hazardous condition isn’t enough to prove negligence in a personal injury case. In order to prove that the property owner or manager was negligent, your lawyer must prove that the individual or an employee caused the hazardous condition or that these individuals knew of the hazardous condition, but did not take action to correct it in a timely fashion. Alternatively, your lawyer may argue that the defendant should have known of the hazardous condition because any reasonable person in the same situation would have discovered it and fixed it.
Assessing Reasonableness
The determination of the degree of reasonableness on behalf of the defendant is often a key issue in slip and fall cases. Many factors may be evaluated to assess the defendant’s reasonableness, including whether the defendant has a history of regularly examining and fixing the property, whether there is evidence of regular maintenance, and whether warning signs or caution tape had been placed in the area.
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Tips for Avoiding Motorcycle Accidents in the Rain
Motorcycle accident lawyers in Riverside often work with clients who sustained serious injuries in crashes that occurred during inclement weather. Although a motorcycle accident lawyer can help you obtain compensation with an accident lawsuit, it’s definitely preferable to avoid a crash altogether. When a rainstorm strikes, the roadways will be slickest during the first 15 minutes, thanks to the accumulation of motor oil on the roadways. If possible, pull over and wait out the storm or at least the first 15 minutes.
Watch this video for more helpful tips on riding safely in the rain. It recommends wearing waterproof gear to help you stay warm, since it’s hard to drive safely when you’re cold. You should also wear bright clothing and reduce your speed. And remember to contact a motorcycle accident lawyer promptly if you do get into a crash.
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Potential Catastrophic Injuries
A car accident lawsuit filed in Riverside can help victims obtain compensation for all sorts of related losses-from medical bills and lost wages to psychological injuries and disfigurement. In the case of catastrophic injuries , it’s even more important to contact a car accident lawyer as quickly as possible. Individuals who sustain catastrophic injuries tend to accrue significant medical bills very quickly. A car accident attorney can assist individuals who have catastrophic injuries such as extensive third-degree burns that cover much of the body. Burn injuries may require multiple skin grafts and reconstructive surgeries, and they tend to result in lasting disfigurement.
Traumatic brain injuries are another common type of injury caused by car accidents. Since brain injuries can result in lifelong disability, the car accident lawyer may have the victim undergo independent evaluations to develop an estimate of the damages. Other examples of catastrophic injuries include the amputation of a limb, paralysis caused by a spinal cord injury, and the loss of vision or hearing.
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Common Types of Personal Injury Cases
As the name suggests, a personal injury case occurs when an individual sustains an injury that is the result of the other party’s actions. In the majority of personal injury cases, the defendant is accused of behaving negligently, rather than intentionally. A personal injury lawyer located in Riverside may handle a range of types of cases, including those that involve motor vehicle accidents and trip and fall accidents.
Auto Accidents
Car accidents are among the most common types of incidents that lead to personal injury lawsuits. Many car accident survivors make the mistake of trying to negotiate with the insurance carrier by themselves, rather than contacting a personal injury lawyer. But since it’s not in the insurance carrier’s best interests to offer a fair settlement, car crash survivors are unlikely to receive just compensation for their losses. In fact, the insurance carrier may try to claim that the victim was at fault for the crash. It’s always a good idea to contact a lawyer. Even if no lawsuit is filed, the personal injury lawyer can effectively negotiate with the insurance carrier on behalf of the victim.
Motorcycle Accidents
Motorcycle accidents often result in catastrophic injuries. Even when a motorcyclist is careful to wear a DOT-approved helmet and other protective gear, getting thrown from a bike can result in permanent disability. For this type of personal injury case, the victim’s attorney may seek compensation for his or her physical injuries, psychological injuries, lost wages, and other damages.
Slip and Fall Incidents
A slip and fall accident can occur anywhere. If a person falls outside of his or her own home, it may be attributable to an act of negligence committed by another party. For example, a building manager may have failed to nail down loose floorboards in the common area of an apartment building, causing a tenant or visitor to trip and fall. These types of cases can be tricky to litigate, so it’s very important that the victims carefully document the scene of the incident, the hazardous condition, and their injuries.
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Taking Action After an Accident or Injury
If you’ve been injured, you should take a few steps to protect your legal rights , even if you aren’t sure whether or not you can file an accident lawsuit in Riverside. It’s important to contact an accident lawyer as soon as possible, since waiting too long to file a claim may cause you to forfeit your right to do so. Your accident lawyer will need as much evidence as you can provide about the incident and your losses.
When you watch this video, you’ll learn about gathering the types of evidence that your accident lawyer can use to obtain compensation on your behalf. For instance, it’s always a good idea to take pictures of the scene of the incident and to obtain a copy of the police report. You should also ask eyewitnesses for their full names and contact information.
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Protecting Your Rights After a Motorcycle Accident
Motorcyclists often choose this particular mode of transportation for the freedom it provides, not to mention the excellent gas mileage. But motorcycles do have a serious disadvantage: The lack of the fiberglass shell that protects the occupants of a car. After a motorcycle accident, it’s likely that you will accrue significant medical expenses and other losses, which you may be able to recoup by filing an accident lawsuit in Riverside. To protect your legal rights, get in contact with a motorcycle accident lawyer as soon as possible.
File a Police Report
It should go without saying that it’s essential to call 911 after a motorcycle accident. However, if you were unconscious after the crash and were taken to a hospital, then you will need to contact the local police department later to file a police report. Be sure to get a copy of the report and share this with your motorcycle accident lawyer.
Get Medical Care
Assuming that you aren’t taken to the ER while unconscious, it’s essential to get to the nearest hospital after the police clear you to leave the scene. Even if you think your injuries are relatively minor, you may need medical attention for undetectable internal injuries. Plus, your motorcycle accident lawyer will need your medical records as evidence to support your legal claim.
Follow the Doctor’s Instructions
It’s important to pay careful attention to your doctor’s discharge instructions. Keep all follow-up appointments as recommended by your doctor and undergo all recommended medical tests. Let your doctor and your lawyer know about any new or worsening symptoms and any complications that may develop. Be sure to keep copies of all of your medical receipts, including bills for your hospitalization, diagnostics, treatments, and medications.
Preserve the Condition of the Motorcycle
It may be tempting to rush your motorcycle to the repair shop as quickly as possible. But actually, your motorcycle accident attorney may ask that you preserve the post-crash condition of your bike. This is because your attorney may hire accident reconstruction experts. Additionally, the damaged bike is a convincing piece of evidence in the event that the lawsuit goes to trial.
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Who Is Responsible In A Slip And Fall Case?
Countless people slip and fall every day, but in some cases the accident could be the fault of another person. This is known as premise liability. If you slip and fall outside of your own home and you feel someone else could be responsible, you have the right to consult a personal injury attorney. A lawyer in Riverside, CA, who handles slip and fall cases can review the issues at hand to determine if someone else might be held liable for your losses.
Assessing Duty of Care
To determine who might be held responsible for your accident, your slip and fall lawyer will assess which party might have held a duty to you to exercise reasonable care. For example, if you are inside a restaurant or retail store, then the store manager or owner may hold a duty of care to you. If you are in the common areas of your apartment building, then the building manager may owe the duty of care.
Proving Breach of Duty
It is not sufficient to identify the party who owed a duty of care to you. Your slip and fall attorney must also prove that this person breached the duty of care. For example, if you’re shopping in a retail store, place your handbag on the floor, and then trip over your handbag, then the store manager has not breached a duty of care. Rather, you created the tripping hazard. However, if the store manager spilled cleaning fluid on the floor and failed to clean it up within a timely manner, then he or she might be held liable for breaching a duty of care owed to you.
Proving Damages
Many falls occur without inflicting harm. After identifying the party who had a duty of care and breached this duty, your attorney must then demonstrate that the breach of duty directly led to your damages or losses. Medical records that demonstrate your diagnosis and treatment shortly after the accident are very helpful in proving your damages.
Evaluating Comparative Negligence
California is a comparative negligence state. This means that even if you could be considered to be partially at fault for the accident, the person who breached a duty of care toward you might be held liable for a percentage of the accident. In this case, your compensation could be adjusted accordingly.
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A Look at Government Liability Cases
You might already know that if you’re involved in a car wreck that was the fault of the other driver, you have the right to pursue legal recourse against that party with the help of personal injury attorneys in Riverside, CA. But what happens if the other party was driving a government vehicle? In these cases, it’s best to consult a car accident lawyer who has experience with government liability cases . You do still have the right to pursue compensation from an at-fault city, state, or federal government entity. Similarly, a car accident lawyer can help hold government entities liable for crashes that occur with other private citizens due to dangerous intersections, lack of traffic signage, and other problems that were the responsibility of the municipality.
Government liability cases extend well beyond auto crashes. Accident attorneys may file a lawsuit in the wake of civil rights violations committed by law enforcement officers. They may also sue for injuries caused by the negligence of public schools or public school districts. And since slip and fall accidents can happen anywhere, an attorney can step in to help if you fall on public property or in government buildings because of someone else’s negligence.
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What Not to Do After a Car Accident?
After an auto accident in Riverside, CA, an attorney can review the case, determine liability, and discuss the next steps to take. But in the immediate aftermath of the crash, there are some steps you need to take right away-well before you contact a personal injury attorney . It’s equally as important to avoid making certain mistakes that can jeopardize the efforts of your accident lawyer to obtain just compensation on your behalf.
Avoid Driving Away
Driving away from the scene of an accident could result in criminal charges. Even if it appears that no one is injured and that the property damage is minimal, it’s always essential to pull over.
Avoid Making Verbal Agreements
If the other driver doesn’t have auto insurance, he or she might try to convince you not to call the police, file an accident report, and notify a personal injury attorney. But it’s never a good idea to make a verbal agreement to settle the matter between the two of you. Quite simply, there’s no guarantee that the other driver will uphold his or her end of the bargain. Plus, you might later accrue unexpected expenses stemming from the crash. Always call the police and file an accident report.
Avoid Neglecting to Obtain Important Information
You might already know that you need to exchange insurance information with the other driver. But did you know that you should also write down his or her driver’s license number, make and model of the car, license plate, and the names and contact information of any witnesses? Use your cellphone to take plenty of photos of the crash site, including any skid marks and traffic signs, and to document the damage on the vehicles and your injuries.
Avoid Discussing the Crash
When you’re exchanging information with the other driver, it’s essential to avoid discussing the crash with him or her. Save your account of what happened for the police officer. If the other driver insists on discussing the accident or becomes belligerent, you can refer him or her to your auto accident attorney.
Avoid Waiting to See a Doctor
When the police authorize you to leave the scene, you should go to a hospital right away, even if you think you are not seriously injured. Waiting to see a doctor might later enable the insurance carrier to claim that you couldn’t have been badly injured.
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Why You Need Evidence in a Personal Injury Case?
Evidence is the backbone of a successful lawsuit. When you meet with a personal injury attorney serving the Riverside, CA area, he or she will ask you about any evidence you can produce. Evidence is best preserved in the immediate aftermath of an incident. To help your personal injury lawyer substantiate your claims, it’s a good idea to take photographic evidence of the scene of the accident, your injuries, and any property damage.
As you’ll learn when you watch this video, your personal injury lawyer may also contact other parties to obtain evidence. For instance, he or she can obtain copies of the report you filed with the police officers. An accident lawyer might also use the testimony of expert witnesses or eyewitnesses to the accident. The more compelling evidence you can produce, the stronger your case will be.
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