Slip And Fall Legal Questions

You will sue the person that owned the house, not the home owner's insurance company directly.  You will sue the home owner for your injuries, and the home owner will then notify their insurance company of the litigation and the insurance company will then get involved.  You will most likely not have to pay the lawyer up front.  If you choose to sue, you will be able to find a lawyer that will file the litigation for your, and the lawyer will be paid from a portion of what you receive in compensation.  That is know as a contingency fee case, because the lawyer's fee is contingent on you getting an award of money from the lawsuit.  PLease fell free to call my office if you want to discuss this further.  ... Read More

Dear Anonymous, I am sorry to hear about your injury, but your question brings up a lot of issues that may be relevant to many others on this site.  You tripped and fell over a concrete barrier in your father-in-law's garage, but just because it happened at his house, does not mean he is responsible.  To prevail on a negligence claim in Indiana you would have to prove that your father-in-law did something wrong.  If the barrier was open and obvious, and you just failed to notice it, then it is not likely you could prevail if you were to file a claim.  But, if the barrier was hidden, or placed there in such a way for it not to be readily seen by his guests, then you may have a viable claim.  As a homeowner, your father-in-law has a responsibility to keep his property reasonably safe from unseen defects for his invited guests.  If he does not, he may be found to be negligent.  However, there is coverage under most homeowner's insurance policies for medical payments for persons who might be injured on your property.  This "med pay" coverage is available no matter who was at fault.  The limits of most med pay policies are usually fairly small ($5,000 - $10,000), but this may be helpful in paying for some of your medical bills, and it would not require filing a lawsuit against your family member, which can be a very delicate proposition. All you need to do is notify the homeowner's insurance carrier and let them know what happened and submit your medical bills to them. If you have already paid the bills out of pocket, you will be reimbursed up to the limits of the med pay coverage.  If your health insurance company has paid the bills, then they would be reimbursed directly from your father-in-law's insurance company.  Your father-in-law should not have a problem with you making a med pay claim, as that is a coverage that he has paid for, and your injury at his home is precisely the reason that he has such coverage.   Best, Chip Clark  ... Read More

Often, businesses have insurance policies that pay for medical expenses regardless of whether the business was at fault.  This insurance coverage is usually limited--maybe $5,000 or so.  You should inquire of the insurance company for the restaurant to see if the policy provides for the payment of medical expenses.  Beyond that, the restaurant and its insurance company would pay only if they believed that the restaurant was negligent.  Your description of this accident does not explain what caused the stool to shoot out from under your aunt.  The question of fault may turn on things like whether there was something on the floor that caused this to happen or if there was something about the stool itself that caused it to shoot out.  You and your aunt should meet with a lawyer to discuss these issues.... Read More

You should be asking this question of your lawyer.  If you have not hired a personal injury lawyer, you should do so immediately to get the maximum that your case is worth. Dr. Michael G. Sribnick, Esq. personal injury attorney in Charleston, S.C. Michael G. Sribnick, M.D., J.D., LLC... Read More

Hello Deirdre, Thank you for submitting your question. There are many factors related to a slip and fall claim against a property owner. Please visit http://attorneyinjury.com for additional information and contact methods.  In order to properly evaluate your situation, you will need to provide additional information. Please feel free to call our offices at 702 734 3936. One of our experienced staff members will be happy to assist you. Thank you. Best personal regards, Edward J. Achrem & Associates, Ltd.... Read More

I assume your topic area of "slip and fall" was chosen because you are afraid someone could slip and fall in the future on the road at issue?  *For future reference, a "slip and fall" is usually a type of case that personal injury attorneys handle (for example when someone falls on a slippery floor in a grocery store and sustains an injury). To answer your question:  Many times, a strongly worded demand letter with applicable citations to the law and legal responsibilities will cause some movement with the HOA board.  However, it depends on many factors likes (a) who is on the Board and are they truly working in the interests of the community, (b) where on the property is the needed repair, and/or (c) whether there is a more fundamental issue going on here where the Board is breaching their duty to the community members or worse...actively misappropriating funds of the HOA for their own personal gain or use.     In any case, the first step is to be sure you document your issue (IN WRITING) to the Board and all interested parties.  Review your CC&Rs and bylaws to be sure what you are asking the Board to fix is within the lines of their responsibilities and obligations.  Lastly, if this is an issue that is on the list of "to do" by the Board (including many other issues), in a world of finite resources, it may be something you need to vote to approve.  If this last point is applicable, you would do best to recruit your fellow community members and force the Board to vote and/or take action due to the overwhelming demand of the community.... Read More

Generally, NO. This likely falls into the classic"assumption of risk" category. Moreover, merely being slow for other calls is subjective standard and moreover, its is HIGHLY unlikely that the nursing staff would admit that they told anyone that a post-op patient should be assisted to the bathroom by anyone but the trained nursing personnel. ... Read More

Dear Shelia,   The statute of limitations to file a law suit for personal injury in Indiana is 2 years from the date of the accident.  If you do not file a lawsuit within that time period, your claim will be forever barred.  There are some exceptions to this general rule, for example a child who is negligently injured may have until 2 years after they reach the age of majority (18).  Because there are many nuances to filing a personal injury claim, it is important to discuss your case with an experienced personal injury attorney.   Best,   Chip ... Read More

You should consult with a lawyer.  There are many questions such as who owns the property in which you were injured.  If it is a city or town, they have limited liability under the doctorine of sovereign immunity.  Many lawyers have the ability to communicate with Skype, Facetime, etc.  In order to preserve your claim you should act quickly.  Best wishes.  ... Read More

Yes - You are entitled to get your file back from your attorney. See generally http://www.padisciplinaryboard.org/documents/PBAFO2007-100-CLIENT-FILES.pdf I would request the file from the attorney.  He/She should provide it within a reasonable time period. If not, you can file a grievance with the PA disciplinary board.... Read More

It depends where the accident occurred.   If the accident occurred in a business that has a location in New Jersey, you can bring the litigation in New Jersey.  For example, did you fall in McDonalds?  Because there are McDonalds everywhere.  If it happened in a hotel that is a chain located in New Jersey, or some other business that has a similar connection, you can bring the litigation in New Jersey.... Read More