Slip and Fall Lawyers in Philadelphia
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The slip and fall lawyers in Philadelphia at Rosen Justice Injury Lawyers can assist you in claiming monetary compensation when you’re hurt because of a slip and fall accident. It only takes a crack in a sidewalk, a broken handrail, or a slippery surface to cause a fall. What happens in an instant can affect you for years to come. But our Philadelphia trip and fall lawyers at Rosen Justice Injury Lawyers are battle-ready and relentless as we pursue justice on behalf of our clients.
Our Trip and Fall Lawyers in Philadelphia
When you work with our Philadelphia trip and fall lawyers, we go the extra mile to pursue your case. Here are the steps that you can expect when walking through the slip and fall lawsuit process with our professional team:
1. Client care and communication
We begin by learning about you and your case. From your perspective, we want to know the exact details of what occurred. Then, we conduct an investigation and work quickly to preserve evidence. When you work with us, you’re on a first-name basis with your personal injury team throughout your case.
2. Evaluation of a slip and fall case
Once we’ve investigated, we’re ready to evaluate the case. It’s not enough for us to simply bring your claim – we want to maximize your results. That means placing a watchful eye on damages that you may qualify to claim. It’s also critical to identify legal strategies that can make the process easier and ultimately help you achieve the results you’re looking for.
3. Filing a slip and fall accident claim
Your summons and complaint formally start your legal claim. What you say in these documents is extremely important because they form your demand for compensation. Our Philadelphia attorneys for injuries from falls are experienced in preparing these documents to identify the appropriate causes of action and demands for financial relief.
4. Pursuing your case through settlement or trial
Our team has the skill, experience, and resources to pursue aggressive trial advocacy for our clients. If you choose to go to trial, we’re prepared. We also work to build a strong case for settlement in advance of trial. Our team pursues your case from all angles in order to put you in the best position to get results.
Slip and Fall Accident Statistics
According to the Centers for Disease Control and Prevention (CDC), one out of five falls causes a serious injury, such as a broken bone or head trauma. These injuries can limit mobility, daily activities, and the ability to function without assistance. Slip and fall injuries are more common than most people realize.
- Unintentional falls are the leading cause of non-fatal emergency room visits, with over 6,800,000 patients hospitalized yearly.
- In 2020, 805 workers died because of falls, and 211,640 workers were injured badly enough to require days off of work.
- Work-related fatalities due to falls, slips, and trips increased by 5.6% in 2021, from 805 fatalities in 2020 to 850 in 2021. Despite the increase, this is still down 9.3 percent from 2019.
- In 2020, falls on the same level contributed to 17.7% of the most disabling work injuries compared to 8.7% of falls to a lower level.
Though the construction industry has the largest number of falling incidents, a slip and fall could happen to anyone at any time. Many people choose not to report their slip and fall accidents for fear of embarrassment. In reality, it happens to everyone, and if it was not your fault, you might be entitled to valuable compensation.
What are the Different Types of Slip and Fall Accidents?
Some different types of slip and fall accidents include:
- Broken sidewalks,
- Trees and branches cluttering a walkway,
- Items left in a path of travel,
- Crumbling parking lots,
- Wet and slick floors,
- Snow and ice that is not cleared,
- Falling objects,
- Poor flooring surfaces,
- Product Defect,
- Broken hand railings,
- A lack of warnings about dangerous surfaces,
- Too many people allowed in a space at one time,
- Bad lighting, and
- Malfunctioning automatic doors.
Any situation where a property owner doesn’t take reasonable steps to maintain the safety of their property may be grounds for the claim. The victim must show that the defendant failed in their duties to maintain the property. Then, the victim must tie the defendant’s failures to their injuries and damages.
How Do I Find the Best Slip and Fall Lawyers in Philadelphia?
We invite you to come meet with our team as you search for the best slip and fall lawyers in Philadelphia. We believe that our relentless pursuit of justice, combined with constant communication and professional care, sets us apart. When property owners allow dangerous conditions to exist on their property, you can turn to Rosen Justice Injury Lawyers for skilled and determined legal representation.
Do I Have a Slip and Fall Accident Claim?
Slip and fall cases generally fall under the legal doctrine of premises liability, which is a subset of personal injury law. Like all personal injury claims, slip and fall lawsuits are based on an injury occurring because of someone else’s negligent action or inaction. In this case, the property owner’s negligence or the negligence of the person managing the property is in question. For legal negligence to be determined, the following criteria must be met:
- The owner or person in possession of the land owed a reasonable duty of care to the injured party. The level of care depends on the injured party’s reason for being on the property;
- There was a “breach” of or failure of the property owner or manager to fulfill that duty.
- Breach of duty caused harm.
- The harm resulted in actual damages.
Your slip and fall lawyer can help you determine whether your accident was the result of someone else’s negligence and whether that party can be held liable, and to what degree. There are three main types of visitors to a property, and the category you fall into will determine the extent of the duty that was owed.
An invitee is owed the highest duty of care. This person visits a business for a purpose directly related to the business, such as a customer, client, delivery person, or employee. An invitee could also be someone who visits a public property like a church, museum, park, or airport. Owners of public places and businesses are legally required to keep the property reasonably safe. A property owner generally benefits from an invitee being on their property.
A licensee has the landowner’s permission to enter the property, but the landowner gains no benefit by them being there. A utility company doing work on the property for the local municipality would be a licensee, as would a social guest. The property owner has a duty to warn a licensee of any dangerous conditions they know of that are not obvious to the licensee.
A trespasser is someone on the property without the permission of the property owner and is owed virtually no duty of care. The owner’s only restriction is that they must refrain from intentionally inflicting injury on the trespasser. Children who trespass are owed some degree of a duty of care, and a landowner should be attentive to whether or not something on their property is dangerous but attractive and accessible to children.
Slip and Fall Statute of Limitations in Philadelphia
It is important to know that you only have two years from the date of your slip and fall accident to file a lawsuit in Pennsylvania.
This restriction governing how much time can pass before you are barred from legal recovery is called the statute of limitations, and it is different for each state. Your slip and fall lawyer can help you stay on track, but it is a good idea to file sooner rather than later.
It is not uncommon for an injured victim to file a claim against the City of Philadelphia or another government municipality for a slip and fall accident. For suits against governmental entities, the statute of limitations is much shorter. When suing the city, you only have six months to file a claim.
It may also be worth noting that to win against the City of Philadelphia, you must have at least $1,500 in medical expenses and be able to prove that you have suffered a permanent loss of bodily function, disfigurement, or dismemberment.
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Can I Obtain Slip and Fall Compensation if I’m Partially to Blame?
Yes, it may be possible to get slip and fall compensation even if you’re partially to blame for the accident. Of course, the property owner may try to shift the blame by accusing you of misconduct. They may have already accused you of not watching where you were going or not acting cautiously enough.
But don’t be intimidated – it’s up to the jury to determine fault for an accident. Pennsylvania law uses a system of modified comparative fault. Even if you share some responsibility for the accident, it may be possible to receive some compensation. The law allows a victim to collect payment for their damages as long as they are not more than 50 percent to blame. Let our attorneys explain how shared fault may apply in your slip and fall case and what compensation to expect.
Available Compensation for Slip and Fall Cases
Different forms of compensation that can be obtained in slip and fall incidents comprise:
- Emergency care;
- Surgeries to set bones and stabilize the individual;
- Compensation for broken bones, traumatic brain injury, and soft tissue damage;
- Follow-up healthcare;
- Physical and occupational therapies;
- Mental health treatment;
- Compensation for damaged property;
- Make-up payments for lost work and interrupted career path;
- Pain and suffering;
- Fair compensation for disfigurement and permanent scars;
- Emotional anguish compensation; and
- Exemplary damages (in extraordinary circumstances of extreme fault).
It’s critical to thoroughly identify all slip and fall damages so that the victim receives fair compensation based on Pennsylvania law.
Average Slip and Fall Settlement
Assigning a dollar amount for the average slip and fall settlement is difficult, if not impossible, because every accident is unique. Several elements determine the level of compensation you’re eligible for, such as:
- The severity of your injuries,
- The cost of your medical expenses,
- Your long-term prognosis,
- The emotional and psychological damage sustained,
- Your ability to work,
- The egregiousness of property owner negligence,
- Your involvement in the accident, and
- The skill of your slip and fall lawyer
For example, if you broke your arm, had to have surgery, and were unable to work for a certain period of time, you would be entitled to payment for all of those things.
Likewise, if you were paralyzed and never able to return to work or do any of the same activities you used to do before the accident, you should receive significantly more compensation.
Work with a Top Philadelphia Slip and Fall Lawyer Today
Contact a Philadelphia slip and fall lawyer today. Our slip and fall lawyers are taking cases now. We welcome you to reach out to our team to talk about your case. Get to know us, and get answers to your questions.