While some people enjoy the cold weather, it is a huge inconvenience for the majority of people. We all need to go for a stroll now and again, and the presence of snow and ice can make something as simple as navigating parking lots and walkways a tremendous hardship. One of the top causes of avoidable injury in the United States is falling, with a high proportion of falls occurring during the winter months.
Slip and fall incidents can result in a variety of injuries, depending on several circumstances. For example, elderly victims and those with pre-existing medical issues such as back and neck pain are at a significantly higher risk of suffering catastrophic, life-altering injuries.
Prevention of Winter Slip and Fall Injuries
The key to avoiding injury in a slip and fall disaster is prevention. Knowing the dangers and taking precautions to keep yourself and the people you care about safe is one of the most effective strategies to avoid a slip and fall accident in the winter.
- Watch where you go: Unshoveled walkways and roadways can endanger workers and others who enter the business or facility. After a snowfall or ice storm, sidewalks and roadways should be treated to enhance walking traction and avoid falls. Examine your surroundings to ensure that any snow, ice, and debris is cleared from pathways and common spaces at your business or neighborhood.
- Use the appropriate gadgets: Wearing sturdy boots or shoes with textured bottoms can provide you with additional grip on ice and slippery surfaces throughout the winter season. Another useful tip is to use supporting items, such as handrails if they are accessible. This may help you retain your balance, stay upright, and recover from a potential fall. You also may not be able to detect risks in your way if your eyesight is impaired. Wear proper eyewear, such as sunglasses, to protect your vision and allow you to identify potential risks.
- Walk Smart and Take your Time: When walking outside during the winter, try to use less risky routes wherever feasible. Consider taking fewer steps, walking gently with a flat foot, and avoiding sprinting on slippery surfaces. Try not to rush if you are walking to your destination. Allow for extra driving time in case your route has slick weather. Stay cool and relaxed if you start to fall. If you fall forward, try to roll, and if you fall backward, try to get into a sitting position.
What to Do If You Have Been Faced with Slip and Fall Accident?
Property owners, homeowners, and company owners all have a legal duty to keep their premises in good condition so that visitors and guests are not put in danger. Removing prospective danger and removing recognized hazards are critical components of keeping people safe from harm. If you are hurt in a slip and fall accident, you may be able to claim against the property owner or another individual who is responsible for maintaining the area where you fell. Autrey Law firm’s slip and fall attorney would gladly sit down with you, analyze your accident, and advise you on your legal options.
The laws coined on personal injury allow a person to receive compensation if others harm them. Multiple situations might lead to individual injury cases. But every injury is not termed as a liability. Some common causes can be called personal injury.
Cases of car accidents
Car accidents mostly lead to personal injury cases in the United States of America. When an accident occurs, it is caused due to breaking the rules of the road or someone roughly driving the car. A driver who drives the vehicle carelessly can be charged under personal injury law and held financially. Although, there are quite some exceptions in the US where the drivers need to collect the insurance from their insurers except in fatal injury cases.
Fall and slip cases
Slip and fall is another typical personal injury case. The property owners should keep their property free from hazards to be safe for the people living inside it. All the injuries or fall cases that occur inside the property will be coined as personal injury cases. The exact cause of the issue and the landowner’s legal duty depends on the kind of situation. It also depends on the law designed for the particular place or state where the liability occurs.
In maximum cases, the dog owners are financially responsible for any liabilities caused due to dog bites. However, the same law of the owners differs from state to state. But in some places, the dog owners are highly responsible for any dog bite even if the dog did not intend to bite in the past. Therefore, dog bites are a significant cause of personal injury problems.
Slander or Libel
Defamation in the form of slander or libel means disrespecting a person and injuring a person’s reputation due to untrue sentences. The exact cause of defamation is brought under the law depending on the person’s statements and where the announcement was made. An average person needs to prove that a vague negative comment was made and that the financial losses came from it. Celebrities, on the other hand, need to confirm that the untrue statement was spoken intentionally.
Battery, Assault and Other Intentional Tortures
Unlike the other different types of personal injury claims, intentional tortures do not depend on the carelessness or negligence of a person. It comes under personal injury law if the harm is caused by the person intentionally. It can also fall under the added feature of the criminal case of the perpetrator. Assault cases also fall under the clause of personal injury.
Personal injury cases generally tend to get delayed in settlement due to the following reasons:
- Factual and legal issues are creeping into the cause.
- The case involves a considerable sum of money.
- In case you did not reach the medical requirements.
A personal injury case can be settled quickly, but it happens only when a minimal amount of money is involved. The primary consideration is how fast you accept the issue and give it up to the court.
Personal injury that results from an accident can cause physical and emotional trauma besides financial losses. Personal injury lawsuits are filed to claim compensation for these aspects.
Here’s a list of common causes of personal injury:
An individual may suffer an injury due to the negligence or irresponsible act of another person. For instance, a car accident may be caused due to the irresponsible behavior of the driver. When an accident results due to the negligence of another, a personal injury lawsuit may be filed to claim compensation.
Slip and Fall:
Public places are supposed to be maintained such that they do not pose any kind of risk to people who visit them. However, if individual slips and falls and suffers an injury, he can file a personal injury case against the owners of the place to claim compensation.
Sometimes an injury may be caused because of an action that was intended to injure. In such cases also, you can file a personal injury case to claim compensation.
If an injury or a health condition is caused to the negligence of a doctor, it is considered medical malpractice. The patient can claim compensation from the doctor for such injuries.
A patient can also claim compensation if his illness is diagnosed incorrectly by a doctor. This is known as “misdiagnosis” and the doctor who misdiagnoses can face a personal injury lawsuit.
If you are bitten by someone else’s dog, you have a right to file a personal injury case to claim compensation from the owner of the dog.
If a private home or a public place has unsafe conditions that can harm visitors, the owner of the place can face a personal injury lawsuit if someone gets injured due to unsafe conditions.
A product liability lawsuit may be filed against the manufacturer of defective products.
These are some common reasons why an individual can file a personal injury lawsuit.
In a personal injury lawsuit, 4 things need to be established:
- The type of injury
- Cause for the injury
- The extent of the injury
- The impact of the injury in terms of medical expenses, loss of job, etc.
Establishing the reason for the injury is important because it helps decide against whom the compensation claim must be filed.
A personal injury lawyer investigates the cause of the accident. He establishes who the individual/enterprise case must be filed against. He collects the supporting evidence and witnesses to represent his client. A personal injury lawyer estimates the extent of the injury and the financial and other losses his client suffers. He also identifies who exactly is responsible for the injury and files the lawsuit against the person/party responsible for the injury.
Many times the injured individual may decide not to hire an attorney and file the case himself. Proving the other party responsible for the injury and claiming the right amount as compensation can prove to be quite difficult. Hence, the person should hire a personal injury lawyer to represent him.
Autrey Law Firm is one of the best law firms in North Dakota that has experienced personal injury lawyers who can represent clients for any type of personal injury they may face.
When you are a victim of an accident or any kind of mishap, you may face physical injuries or even mental agony. If these are due to the acts of another individual/organization, then you can file a personal injury lawsuit.
However, not all injuries qualify as personal injuries that can be compensated. Besides, there is a time limit within which you must file the case. Also, you must know the amount you can claim against the defendant.
Many a time personal injury lawsuits are settled outside the courtroom by mutual agreement on a particular amount as compensation.
For a layman, it is extremely difficult to assess all these aspects of the case. This is where a personal injury lawyer steps in!
A personal injury lawyer will assess the extent of damage and decide whether you should appeal for compensation or not. He will collect all the information and evidence to back your representation in the case.
Often the victim of a personal injury case needs to deal with insurance companies. A personal injury lawyer understands all the terms and conditions of insurance companies and represents your best interests.
If you were to suffer a personal injury, what will you do?
A physical injury can be a harrowing experience. When you are suffering physical pain and emotional trauma, the thought of consulting a personal injury lawyer will not be a predominant one in your mind.
The first thing to do when you suffer a personal injury is to seek medical attention. Call emergency services at 911.
You also need to inform the police to lodge an official complaint.
You or your people around you can take pictures of the spot of the accident. For instance, if the injury is caused due to a car accident, you/co-passengers can take pictures of the vehicle that caused the accident, make a note of the registration details of the vehicle that caused the accident.
It is recommended that you engage a personal injury lawyer as fast as possible. This is because he is an expert in the field who can collect all the evidence and other data required to substantiate your claim. Engaging a lawyer also reduces your stress and makes it easier for you to recoup. When you hire a personal injury lawyer, he will do all the legwork while you can rest and recover from your injury.
The lawyer will ask you questions and collect all the relevant data and sue the defendant(the person responsible for the injury).
If possible, the case will be settled outside the court and you will receive the required compensation. However, in case both parties do not agree to the terms of the settlement, a court case is required. In the court, both the attorneys will present their case in front of the Judge and the jury. And, then the case will be settled.
For the best personal injury lawyers to represent your case, connect with Autrey Law Firm! Our experienced team of lawyers will ensure that you get the best compensation you deserve!
Do you want to get the compensation you deserve from your personal injury lawsuit? We guess that you probably do. How do you do this? This article will help you make sure you are getting the most from your claim.
All personal injury law cases are different. While there may be quite a few similarities, the laws regarding these cases vary depending on the state you live in. You should make yourself aware of how your particular personal injury claim can be defined, and what kinds of compensation you’re entitled to.
Defining Your Type of Claim
Three types of torts are generally taken into consideration when defining personal injury law cases.
The name explains what kind of activity falls under intentional tort law- acts that are committed intentionally. If someone has wronged you, while knowing full well the consequences of their actions, then you could claim an intentional tort against them. Assaults, physical abuse, mental abuse, and bullying of various kinds are all acts that you can claim an intentional tort against.
Most personal injury law claims are filed under negligence law. Negligence means that someone has neglected to act in a reasonable and/or responsible manner. For example, if your landlord is aware of a pipe that has burst in your apartment, but has not called in the plumber to get it fixed, then he has been negligent in his duties to maintain your house. The claim you have will likely fall under negligence tort law.
Strict Liability Tort
If you are faced with a situation where you have been harmed by someone else, your claim may fall under strict liability tort. The person who has harmed you is usually considered guilty because you have been personally injured by their action(s). Claims of not being aware of the consequences do not hold up in court in these types of cases.
You can also be a victim of a personal injury case through professional malpractice. In this case, your claim would be defined as a malpractice suit. For example, if a medical practitioner fails to give you adequate health care, then you file a malpractice suit against them.
If you are sold a defective product then you can claim personal injury under product liability. This means that you will be fairly compensated for being sold faulty goods. Often, however, you would not reach the stage of filing this claim as brands would try to compensate you themselves to hold a good public relation standing.
Sometimes your personal injury may result from a form of transportation such as automobiles, trains, aircraft, etc. This type of personal injury is typically defined using transportation laws.
If you are unsure about how to define your particular case- don’t panic! That’s what personal injury lawyers are here for. As experts, they will help you define your case, and they will make sure that you get the compensation you deserve.
If you have been in a situation where you have faced personal injury, like for example, an accident, you may want to consider hiring a personal injury lawyer. They can help by representing you in a court of law, and securing some kind of compensation for the injuries that you have faced. But before you go into that, you have to choose a lawyer to hire.
Here are some things you should consider when you hire a personal injury lawyer:
Do you have a case that can be tried under personal injury law?
Lawyers can be quite costly, even for just a consultation. You may want to look over your case and talk to friends and family to examine the circumstances before you choose to consult with a lawyer. For example, if a bicyclist hits you on a busy street while you are walking and you only sustain a very minor bruise, then your case is probably not strong enough to hold up in court. But, if someone hits you with a car leading to several broken bones, then you may have a case. If you have looked through your situation and still feel that you need a lawyer, then visit an office that practices this type of law.
Does the lawyer you want to hire have adequate qualifications and experience?
Not all lawyers have the same amount of experience or qualifications. It’s a good idea to look at how many cases a personal injury lawyer has dealt with, and what kinds of cases these are. Remember that there are different kinds of laws that will apply to you based on your situation, which means that you should look for a lawyer who has represented similar interests before. Someone who has been practicing personal injury law for a long time is a good candidate to hire. Referrals are a great way to find a good lawyer; ask your friends and family if they know of any personal injury lawyers that you can look at.
Does the lawyer you want to hire have a good success rate?
Now the lawyer you want to hire may have lots of experience and may have fought many cases in court. But how much does that experience count for if they have lost all their cases, or have only won a very small number? It would be a wise decision to hire someone who has won most of the cases they have handled.
Do you have the budget to hire your lawyer?
Probably one of the most crucial things is whether you have the budget to hire your lawyer. Top-notch lawyers are the most expensive, but your case may not be big enough to need their services. Personal injury lawyer services can be expensive, but a bit of research can help you find a lawyer with enough experience to take on your case and who is also affordable.
To put the process of hiring a personal injury lawyer very simply, it requires- asking for references, reading reviews, doing a bit of research- and you will be able to find a lawyer who is the perfect fit for your case!
A personal injury case is a legal dispute that arises when you suffer a loss or get hurt owing to the negligence of another person. Generally, serious matters involve huge compensations but even with minor injuries, you can seek settlement for medical expenses and lost wages. A personal injury lawyer can help you in this respect by filing a lawsuit against the defaulter. But how does he begin with the process? Well, gathering evidence is the crucial step for the same.
What Kinds of Evidence are Required for a Personal Injury Case?
Evidence that can be seen visually seen or observed by the jury is known as physical evidence. The most common examples of physical evidence are property damage and physical injuries. Clicking pictures of the accident is the best way to present the evidence before the courtroom. Physical evidence forms an important part of the legal proceedings, thereby should be presented as early as possible.
When factual information or testimony is presented to the jury, it refers to non-physical evidence. Most of the time, it becomes difficult to present physical evidence, that is why non-physical evidence is common these days. Be it medical bills, police reports, depositions, or medical reports, non-physical evidence can be presented in any of the forms. The testimonies are presented by the witnesses (both normal and expert). The injury attorney retains expert witnesses to express their opinion regarding the case. Normal witnesses tend to confirm what happened at the scene of the incident.
What is the Way for Collecting Evidence for a Personal injury Case?
The victim needs to provide maximum information and evidence to the chosen injury attorney regarding the case. The best way to gather evidence is by clicking pictures at the scene of the incident. Providing police reports and medical bills can also prove to be beneficial as evidence for the case.
Hire an Experienced Personal Injury Attorney
Seeking the help of an experienced personal injury attorney is the best option if you want to escape the stress involved in a serious case. He will discuss your legal rights and will strive hard to attain justice for you. An experienced attorney will help you gain complete compensation for your case. If you are involved in an accident case, a personal injury attorney will help you make the best possible settlement. He will delve deeper into the facts to present the truth before the court. If you want to hire the services of a personal injury attorney in North Dakota then end your search right away because Autrey Law Firm got you covered. We have a pool of experienced and knowledgeable lawyers who will gather all the necessary details and evidence related to your case. They will help you seek fair compensation for your case so that you can remain stress-free. So, what are you waiting for? Call at 701-772-2255 for a free consultation.
Just imagine you have been hurt in a car accident without you being at fault! What will you do next? How will you pay your medical expenses? How will you deal with insurance companies? How will you seek compensation for the loss? Well, the solution is hiring a personal injury attorney! A personal injury attorney provides assistance and representation in cases such as car accidents, construction accidents, slip and falls, and a lot more. He will seek justice for you if you suffer owing to the negligence of another person! But how can he help you?
Let’s take a look:
Be it a car accident, liability case, or a slip and fall case, a personal injury attorney will leave no stone unturned in finding out the evidence related to the case. He may have to hire investigators or collect medical records; he will dig out deep to find out the hidden traces of the case to get the true picture of the incident.
Handling Insurance Cases
Personal injury attorneys play a crucial role in dealing with insurance companies. Whether you need to interact or negotiate with insurance companies, personal injury attorneys can help you in every aspect. They will go through the communication with the insurance companies to save you from all the hassles. A personal injury attorney will work towards your best interest while dealing with insurance companies.
Prepare and File Claims
A personal injury lawyer is responsible for filing complaints in the court on your behalf. He handles several pleadings and documents on your behalf so that you can have a seamless process.
Prepares the Client for Deposition
Well, a personal injury attorney will prepare and represent you at the time of deposition in the court. But the question arises what exactly is a deposition? When you give ‘sworn’ evidence, it is known as a deposition. During this process, the plaintiff and the defendant appear at a reporting office which has a generally less formal environment than a court. Both the parties are required to present the sworn evidence, facts, and figures related to the case during the deposition before the final trial. An attorney plays a major role during this process.
Represents the Clients at the Trial
If your case doesn’t get resolved during the litigation or at mediation, then you need to represent at the jury. A personal injury attorney can come to your rescue in this case! He will use his expertise and knowledge to represent you before the jury. He will help you become comfortable in the court setting so that you do not face any problem. He will easily convey your message before the jury on your behalf.
Want to hire a personal injury lawyer in North Dakota? Get in touch with Autrey Law Firm. We have licensed lawyers who can help you in dealing with a wide array of personal injury cases. Our team will gather accurate information and rightfully handle the documentation so that you can remain at ease.
No one likes being involved in a lawsuit, especially if it involves a court trial. However, many a time, we find ourselves facing circumstances where either we are being sued or we need to sue someone.
Personal Injury cases are typical examples where the individual who is injured needs protection of rights, and receive the compensation that he deserves.
Often the victims in a personal injury case are unaware of their rights and do not fight for them.
Here’s a look at the type of injuries that can be categorized as personal injuries for which the victim is eligible for compensation:
If you are injured in a vehicle accident due to the fault of someone else, you have a right to claim monetary compensation. The accident may be caused due to the irresponsible behavior of another driver, a passenger, or even a pedestrian, etc. Whoever is responsible for causing the accident is liable to pay the injured individual.
A death is identified as a “wrongful death” when it occurs due to the careless behavior of another person. Some examples are deaths due to car/truck crashes, medical malpractice, workplace accidents, and many more.
In case of wrongful death, the party responsible for the death is liable to provide compensation to the family of the deceased.
Slip and Fall Cases:
An individual can file a personal injury case if he experiences an injury due to a fall on a property that is ill-maintained.
A slip and fall victim can sue if he falls due to conditions like torn carpeting, flooring changes, low lighting, etc.
One can also claim compensation if he suffers slip and fall accident if he trips on a broken sidewalk, or falls on a flight of stairs.
You have a right to file for a personal injury case if you slip and fall because of rain, snow, ice, or hidden hazards such as potholes.
Accidents at Workplace:
Personal injury cases that occur at the workplace could be due to slip and fall, hazardous workplace conditions or accidents caused due to hazardous material being used, etc.
The injured person can claim a worker’s compensation claim from the organization. The compensation can include expenses towards medical treatment, lost wages, or a lumpsum payment.
If a product you purchased malfunctions and causes an injury to you, you can claim compensation from the manufacturer.
An injury caused due to negligence by a doctor is considered medical malpractice. The patient has the legal right to claim compensation from the doctor.
An individual can file a defamation case against someone who tarnishes his/her reputation. A defamation lawsuit qualifies as a personal injury case because it causes personal harm to the individual.
In addition to these, there are several other instances of personal injury where the injured person can file a personal injury lawsuit and claim compensation. Only a personal injury lawyer can guide and represent you in matters of personal injury.
Autrey Law Firm has the best personal injury lawyers who ensure that the plaintiff they are representing gets adequate compensation.
A personal injury lawsuit is built on the premise that an injured person deserves to be compen-sated financially after he/she has suffered harm due to the irresponsible conduct of another. The injury may be caused due to the negligence or malicious intent of another individual/s. In either case, the person who suffers the injury is eligible for financial compensation.
What is a Personal Injury lawsuit?
A personal injury claim can be filed by a plaintiff if he or his loved one gets injured due to the fault of another person. The plaintiff filing the lawsuit has legal rights to get compensation on several fronts.
Personal Injury rules are applicable in:
- Accidents such as those caused due to the negligence of others. For example, car accidents, slip, and fall accidents, medical malpractice, etc.
- Intentional acts leading to injury to another person. These may be assault and battery, etc.
- Product liability claims may be filed in cases where someone is adversely affected due to a defective product provided. These could be products such as vehicle components, consumer products, pharmaceutical products, etc.
- Defamation cases also fall under the purview of personal injury lawsuits. These are filed against a defendant who causes harm to another because of his defamatory statements.
The process of a personal injury lawsuit:
- Personal Injury is identified: The defendant harms the plaintiff in some way or the other. The personal injury lawyer of the plaintiff assesses if the defendant has breached any law while caus-ing the injury.
- The plaintiff sues the defendant: The personal injury lawyer sues the defendant for compensation. There is a time limit by which an individual needs to file a personal injury case after the injury has occurred. The duration is specified according to the type of injury by the State of law.
A plaintiff can sue the defendant for compensation towards:
- Medical expenses
- Suffering caused
- Loss of workdays
- Loss of income
In addition to these, there are several other reasons for which compensation can be claimed. These could include paying for the fees of the attorney, etc. The types of claims vary from case to case.
A personal injury case can be filed against an individual, an organization, or the government.
Settlement: The personal injury lawyer takes up the case for settlement. A personal injury law-yer scrutinizes the case and decides the valid claims for a specific case. He then collects relevant supporting information to represent his client. The attorney might attempt an out-of-court settle-ment with the defendant before filing the case in a court of law.
Personal injury cases differ from other types of cases. While all other types of lawsuits are bound by specific rules and statutes, personal injury cases are argued based on previous court decisions and treatises written by legal experts. In other words, personal injury cases are assessed based on precedents.
Autrey law firm is one of the most reliable law firms in North Dakota and Minnesota. We have a team of personal injury lawyers who are committed to the clients and ensure that he/she gets the compensation they deserve in a personal injury lawsuit.