Slip and Fall Lawyer in Plymouth Meeting

“Slip and fall” and “fall down” accidents are terms used for a personal injury case in which the victim is injured from slipping or tripping and/or falling on someone else’s property, whether that’s a government, private or commercial property. Slip and fall cases usually fall under the broader category of “premises liability” claims.

Slip and fall accident cases can arise in an instant, and can often result in a serious injury to the victim. A property owner has a duty to maintain the property in a manner that is safe for visitors. A breach of this duty that causes injury can result in liability. If you have been injured by the negligence of a property owner, the best thing to do is to seek medical attention and consult an experienced slip and fall attorney near you.

The following are some signs that your slip and fall accident was due to someone’s negligence. If one or more of these elements contributed to your fall, you may be entitled to damages:

What is Comparative Negligence?

It should be noted that the mere presence of one or more of these elements does not mean you will absolutely win a liability suit. Pennsylvania is a comparative negligence state. Comparative negligence acknowledges all of the parties’ responsibility for the accident including the injured plaintiff’s. Were you distracted in some way? Would a “reasonable” person have fallen where you fell? Were there any warning indicators that you overlooked? The property owner has a duty to keep his property safe and to notify you of any defects on the property,  but you also have a duty to be careful and to remain aware of your surroundings.

Professional personal injury attorneys and insurance companies evaluate their claims and cases based on the “marketplace”. The marketplace is determined by previous outcomes or settlements for similar personal injury cases that were tried in that jurisdiction and/or less than the sum of money necessary to try the case in court.

There are many factors that go into settlement calculations. The figure provided when we believe the case may be ready to settle is an estimate. If the case is tried, the verdict could be higher or could be lower, than our estimate. Sometimes cases can settle relatively early. Sometimes they can settle in the middle of a trial. Nevertheless, here are factors that can affect settlement values:

• The severity of the injury. Injuries that involve fractured bones, torn ligaments, herniated discs in the neck or back requiring surgery, traumatic brain injury, permanent scarring, or catastrophic injuries will generally result in higher settlements than cases involving sprains, strains, and bruises.
• Whether medical treatment is completed. It is far easier to estimate settlement values when your treatment has ended and you have finished all of your medical care. You generally do not want to settle a claim if future care is anticipated. However, if your case has to go to trial, we can ask your doctor to testify about future medical care. This can go into the jury’s calculation when they are considering a verdict.
• Property damage to all of the cars/vehicles in the accident. In accidents where there is little or no damage to your car and the other cars, settlements will generally be lower than cases where there is major damage. High amounts of property damage, as well as visible damage recorded on video or photographs, are valuable to both insurance companies and juries.
• The degree to which you may have been at fault in the accident. If you contributed to the accident in any way, your ability to be fully compensated is reduced under Pennsylvania law.
• Your medical history. If you had any prior medical care or surgery to the area of your body that you injured in the accident which is the subject of the lawsuit, this will negatively impact settlement values.
• The type of healthcare provider you choose to see. Cases involving orthopedists, neurologists, neurosurgeons, and other specialists will generally have higher settlement values.
• The amount of insurance available for the accident. Unfortunately, the amount of insurance the property owner (in a fall down case) or the other driver ( in a motor vehicle accident case) has will determine your financial recovery. Many people who are insured carry low levels of automobile coverage. You can protect yourself, however. In a car accident case or motorcycle case, if the other person’s insurance is low, you can turn to our own Underinsured Motorist Coverage for additional protection, if you purchased it on your own insurance policy.
• The jurisdiction where the case will be tried. The demographics of jury pools differ from county to county. So too, if the case is to be tried in the Federal Courts, the jurors can be different from those in state courts. Simply put, some juries are more generous than others when it comes to compensating personal injury victims, and where the case will be tried is therefore very important. This fact alone must be taken into consideration when evaluating a case for settlement purposes.