The following is an expert answer given by Slip And Fall Case Lawyer, Joseph M. Maus, and taken from AllExperts.com, a free Q & A service on the internet:
Question: I fell on a floor in the hospital while taking care of my brother. I hurt my back and knee pretty badly, but I did not go to the ER at that hospital till the following day. They took a bunch of x-rays and said nothing was broken, then referred me to see a back specialist. Is this worth pursuing anymore? I can walk and do not have too much pain except for when my back has a spasm. There was definitely something wet on the floor when I slipped.
Answer: The answer to your question is that you may have a claim. It depends on the State you live in, and laws that may apply to your claim. I am an attorney in Florida specializing in car accident, slip and fall (premises liability) and workers comp claims. Laws vary from state to state so the law in Florida may be different than your state. In Florida, you probably have a claim, but you should consult with an experienced personal injury lawyer in your area to find out what laws may apply to your claim. Your email is not really specific as to how your fall occurred other than the floor was wet. Keep in mind, at least in Florida, just because a person falls at a business, it does not automatically mean the business owner is responsible for injuries which result from the fall. You have to be able to prove that the business owner knew or should have known of the dangerous condition that caused the fall, i.e. the wetness on the floor was near a hospital employee, the wetness was dirty so as to indicate it had been on the floor for a long time, a leaking roof allowing water to drip onto the floor, etc. Generally, a business such as a hospital only owes two duties to persons lawfully on the property – maintain the property in a reasonably safe condition, and to warn persons on the property of dangerous conditions that the person may not be able to appreciate themselves. In Florida, a slip and fall case is evaluated based upon the degree of liability that exists against the business, the specific nature of the injury, the amount and type of medical care and bills that you have had, and that you may continue to require in the future, and the amount of pain and suffering you have experienced in the past, and future. Lost wages and loss of future earning capacity can also be recovered in Florida. From what you have described, your injuries sound significant enough to pursue a claims against the Hospital. The best advice I can give you is to speak with an attorney in your area that specializes in premises liability claims, i.e. slip and falls. Many attorneys say they do “personal injury” claims, but after asking around, you’ll find they take anything that walks in the door. Ask how many claims like yours they have handled. Ask them if they have tried any cases like yours. Maybe this is not the first time an accident like yours has happened at this hospital, or maybe the hospital has a pattern of leaving many dangerous conditions on the premises which have resulted in many claims for injuries being made against it. If its a large hospital such as some of the ones in Florida, you can almost guarantee that there have been other slip and fall case claims made against it for claims like yours. You should contact an attorney soon. There are many steps your attorney should take now, i.e. notify the insurance company for the hospital, find out what types of coverage are available, preserve and obtain witness statements, obtain medical records, get photographs of any visible signs of injury, etc. Most attorneys specializing in premises liability claims handle the claims on a contingent basis,i.e. their attorneys fee is a percentage of any money they recover for you, and offer a free, no-obligation consultation to discuss whether you have a viable slip and fall case. If you claim occurred in Florida, I would appreciate the opportunity to speak with you about your options.
For more information about your slip and fall case, contact Florida premises liability lawyer, Joseph M. Maus at 1-866-556-5529, visit his website at www.jmmlawyers.com, or email him today.
Posts Tagged ‘Advice’
Case Of Slip And Fall On A Hospital Floor – Expert Advice
Monday, June 7th, 2010Is Bankruptcy the End of the Road? Legal Advice You Can Use to Climb Out of the Hole
Saturday, March 13th, 2010When the modifications to U.S. Bankruptcy Code made it more difficult for people to declare bankruptcy and have debts forgiven, many consumer rights activists cried foul. The credit industry worked hard to get this passed, and at first blush, it does appear to work against debtors.On the other hand, the changes did debtors a favor in some respects. By making it harder to seek bankruptcy protection, the new laws made it mandatory that those who might not need to declare bankruptcy go through credit counseling and enter a repayment plan if possible. The changes also revealed just how desperate creditors are to keep your debts from being written off completely. Armed with that knowledge, there are ways to avoid bankruptcy and right your personal financial ship.Pennies on the DollarEveryone has seen or heard ads for law firms or other agencies that will work with creditors and settle your debts for virtually nothing. This can happen, but there are some caveats. One is that many such agencies are not reliable or trustworthy. If they are full-fledged law firms, they will have some oversight from the state supreme court’s disciplinary counsel, as well as the local bar association. Even so, be wary and investigate before signing on with anyone.Further, these agencies collect your money for a time without paying your creditors. Your accounts will get further behind while you pay them, knocking your credit score down nearly as much as a bankruptcy would. If you are struggling to make ends meet but paying on time or nearly so, this is a fairly unpalatable option.Finally, to the extent that these agencies do help, you may be able to do the same for yourself. While some creditors are more willing than others to settle for lower dollar amounts, any of them would rather take something than nothing. Thus, if you are already that far behind, you might try saving yourself some fees that would be charged by the agencies by negotiating for yourself.Credit CounselingAn adage that has been unfairly applied to lawyers is true in the area of credit counselors; 99 percent of them give the rest a bad name. Class action suits against these groups abound, and internet message boards are full of angry stories. A good credit counseling agency can help immensely.The way such agencies work is to work out a payment plan with you based on what you can afford. They then apply it to paying off your creditors based on preset rate reductions. They are funded by the credit industry, which is a major turn off for some people. However, the credit industry pays them to do something that helps the consumer; they help you pay your accounts off, at a lower interest rate than you might get otherwise.Again, many of these agencies are unreliable, paying late or not at all. Many creditors, upon your telling them you plan to work through a credit counseling agency, will try to talk you out of it for this reason. When they do, listen. You may be able to work out a better deal for yourself than the agency could. The creditors want to be paid to the extent possible; they have no incentive to ruin your credit by forcing you into bankruptcy.If you do decide to go through a credit counselor, investigate first. Is the agency accredited? What complaints against them have been filed with the Better Business Bureau and how have they been resolved? Find a place you can trust.ConclusionThere are ways to avoid bankruptcy in most cases. If you have lost everything with uninsured hospital bills, that is one thing. Being behind on your bills and overextended on credit need not push most people over that edge. Creditors want you solvent so they can collect something; you want yourself solvent so you can obtain credit again someday. The U.S. government wants you solvent so you can contribute to the economy. Look into your options and you will learn that you can usually find your way out of the bankruptcy hole before you hit bottom.
