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INJURED AT AN UNSAFE Premises?

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The law requires that property owners maintain a safe property for visitors. Despite the clear standard to which property owners are held, safety isn’t guaranteed. In fact, property owners are often found to have deficiencies in their premises which are unsafe, and may lead to an injury.

Accidents, and slip & fall cases usually arise because the owner didn’t realize a danger, or systems were not put into place to fix a potentially-dangerous situation. While the property owner may not have intended for someone to get hurt, an injury claim can be pursued so long as the owner acted negligently. The question to be asked is whether or not the the premises was reasonably safe for a visitor.

Accidents, and slip & fall cases usually arise because the owner didn’t realize a danger, or systems were not put into place to fix a potentially-dangerous situation. While the property owner may not have intended for someone to get hurt, an injury claim can be pursued so long as the owner acted negligently. The question to be asked is whether or not the the premises was reasonably safe for a visitor.

If you have been injured because of an unsafe premises, you should contact our team to discuss the details of your case. We look forward to explaining more about Occupiers Liability law and reviewing the insurance coverage in place at the home or business through which your claim will be pursued.

Your access to benefits in a slip & fall claim are different than those applicable to a motor vehicle accident. Your lawyer is able assist you obtain access to available treatment and benefits under an applicable policy of insurance. Injuries from a fall can be just as severe as injuries from a serious car accident. In fact, because your claim is not a car accident case, you may be able to access higher levels of compensation for certain injuries. Major injuries can also occur, leaving the victim in hospital and exposed to potential surgery. In addition to physical injuries, victims are often left with serious mental or psychological effects from the incident.

No matter how severe your injuries are, be sure to access the help you need through an insurance policy when possible. The team at NOVA Injury Law can assist you through the entire process from the original injury through to the settlement of your claim.

What injuries can you get from falling?

Head injuries. Falls are the most common cause of traumatic brain injury (TBI). A TBI may be a minor concussion that heals with rest, or a severe injury that causes ongoing seizures, mood changes, cognitive impairment and other debilitating symptoms.

Hip fractures. More than 95 percent of broken hips are suffered in falls. A hip fracture typically requires surgery and hospitalization for about a week followed by extensive rehabilitation.

Back and spinal cord injuries. The impact to the body in a slip-and-fall accident can fracture vertebrae or cause slipped or herniated discs, which cause significant pain and limit mobility. An injury to the spinal cord can lead to permanent paralysis, temporary paralysis and other neurologic and sensory impairments.

Shoulder injuries. A slip-and-fall accident may result in a shoulder dislocation. These painful injuries are treated with surgery followed by physical therapy to rehabilitate the injured limb and joint.

Sprains and fractures. Slipping, tripping and falling can cause the victim to twist a knee or ankle and sprain the connective ligaments at those joints. The impact of landing on the ground or floor or hitting something while falling can break bones. The most common fractures suffered in falls are of the hip, spine, forearm, leg, ankle, pelvis, upper arm and hand.

Should I file a slip & fall claim?

In order to advance a claim, the victim must be able to show that someone (usually the property owner) was at fault (responsible) for the injuries.

When considering the question of liability, there are two main items to think about:

1. Who is responsible?
2. Were the responsible parties actually negligent?

You should be able to complete the following sentence: “X was responsible for my accident and had X not done Y the injury wouldn’t have happened”.

The burden of advancing evidence in a legal claim is on the injury victim. In order to win a legal claim, the victim will need to prove that “X” was responsible and “Y” was, in fact, negligent and led to the injuries.

What is the average slip & fall settlement amount?

Personal injury law is complex, and there are many factors that impact a claim’s worth.

Most important is the injury victim’s pre and post-accident condition. Lawyers don’t go to medical school, and they don’t have the medical experience to fully understand some injuries. That’s why we have an in-house physician, Dr. Laura Mitchell, on our team.

Our lawyers work with Dr. Mitchell to understand the extent of the injury and its impact, and collect supporting medical evidence.

A properly constructed claim will clearly detail the health of the injured person before the incident, and impact of the injury to the individual in various areas of his or her life.

Are slip and fall cases hard to win?

Winning Slip & Fall claims generally make one of two arguments:

A) The responsible party should have been aware of a dangerous condition and done something about it.
B) The responsible party caused the dangerous condition leading to the accident.

Dangerous conditions can occur all the time. Consider the pothole in the parking lot, uneven walkways, or icy entryways. Hazards can also be caused by, for example, a pallet left around a corner by movers or water spilled on the floor by cleaners.

The question is whether the responsible party and the victim acted “reasonably”.

Insurance lawyers and adjusters are quick to say “accidents happen and my client can’t be responsible for everything. No one can be perfect”. This is correct, the law will excuse someone who acted reasonably, even if something still happened. The law does not require perfection, just reasonable efforts to avoid an unsafe condition.

An experienced personal injury lawyer will assess whether the responsible party acted reasonably. He or she must also consider whether the injured person also acted reasonably for a person in the setting (ie. shopper, guest, etc.)

When to contact an injury lawyer after a fall

Do you know when to call a personal injury lawyer to help you with a slip & fall claim? Slip & fall claims are complex and a lawyer dedicated to the practice of injury law is a necessity. Here are 4 ways a good lawyer will help:

1. Guidance About Giving a Statement
2. Help to get medical care and guidance
3. Knowledge of how to negotiate
4. Experience to assess how much your claim is worth

If you’re not sure if you need a lawyer, get in touch with us for a free case review.

Slip and fall accidents at work

Filing a claim against your employer, whether it’s a workers compensation board claim or a personal injury claim, can be an awkward situation. The fear of retaliation may even be enough to stop some from filing a claim. That’s why it’s in your best interests to consult with a slip & fall lawyer prior to making a decision.

Not only will a lawyer know whether your claim is best suited as a worker’s compensation claim or a personal injury claim, but he or she will also ensure that your rights are protected in the workplace.

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Additional Information

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