Common Causes of Slip and Fall Injuries

Slipping on an icy sidewalk or tripping over a loose rug can have life-changing repercussions, including serious injury or death. According to the National Safety Council, 35,000 people died from slip and fall accidents in 2019 alone. Although sometimes falls are inevitable, being aware of common dangers can help you stay safe. If you or a loved one have been hurt in a slip, trip, or fall accident, a personal injury lawyer can evaluate your case and advise you of your options. 

Causes of Slip and Fall Accidents

Wet or uneven surfaces – More than 50% of slip and fall accidents are caused by dangerous walking surfaces. Some hazardous conditions that can cause injuries include:

• Spilled liquids

• Cluttered floors

• Loose rugs or torn carpets

• Missing or loose floorboards and stairs

• Defective, cracked, or pitted outdoor walkways

• Potholes in parking lots

• Recently mopped or waxed floors

Broken or defective handrails – Slip and fall accidents also may occur on staircases. Reaching for a handrail for stability while walking up or down the stairs is a natural thing to do, but if the railing is broken or loose, it can throw you off balance and result in a catastrophic injury. 

Weather conditions – Both indoor and outdoor slip and fall injuries can occur due to weather conditions such as snow, ice, and rain. Property owners have an obligation to ensure that sidewalks, parking lots, and entrances are free of hazards, regardless of how bad the weather may be. If a property or business owner fails to clear ice and snow and someone falls, they may be liable for any injuries.

Nursing home neglect – Falls are common among people age 65 and older, but this does not mean that they are unpreventable. When nursing home staff fail to properly supervise and assist residents, slip and fall accidents are much more likely to happen.

Work-related injuries – Improper training, poor safety standards, and inadequate equipment often lead to serious falls on slick surfaces in the industrial, manufacturing, and hospitality industries. 

Types of Slip and Fall Injuries

Slip, trip, and fall accidents can result in serious injuries that may require costly ongoing medical care and affect an injured victim’s ability to earn a living. Some common injuries sustained in these types of accidents include:

• Broken bones, particularly of the hand and wrist

• Sprained, strained, or torn muscles, ligaments, and tendons

• Neck and shoulder injuries

• Spinal injuries

• Traumatic brain injury (TBI)

• Cuts and abrasions

• Knee injuries

• Shoulder injuries

The best accident attorneys understand that injuries sustained in a slip and fall accident can have a significant impact on a victim’s physical, emotional, and financial stability. It can be challenging to put a number on damages like pain and suffering in these cases, so it is critical to seek the counsel of an experienced attorney. 

If you have been hurt or have lost a loved one in a slip and fall accident, you do not have to go it alone. Contact a Pennsylvania personal injury lawyer to learn about your options. Perna & Abracht have tremendous experience with slip and fall cases and serve the areas of Chester, Delaware, and Lancaster Counties in PA.

This blog was originally posted on https://www.pa4law.com/common-causes-of-slip-and-fall-injuries/

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Can I Sue a Hospital for Medical Malpractice?

Hospitals and their staff have an obligation to provide proper, safe medical care to patients in their charge. However, sometimes errors occur, which can result in life-changing injury or illness. Suing a hospital or healthcare system can be daunting, and there are certain factors that must be considered before filing a claim or lawsuit. Having a medical malpractice law firm evaluate your case can help you understand the nuances of these types of cases and who may be responsible for any injuries caused by negligence.

When Hospitals are Liable for Employee Actions

Nurses, CNA’s, technicians, and other medical workers are typically employees of hospitals. If their incompetence or negligence causes injury, illness, or death, the hospital that employs them most likely will be liable for any damages caused. For example, if a nurse gives a patient the wrong medication and the patient is harmed as a result, the hospital could be liable for the nurse’s mistake and be sued for medical malpractice.

Physicians and Hospital Employees

Many physicians and surgeons who work in hospitals are not direct employees of the facility. Unless a doctor who makes a medical error is an employee, the hospital usually will not be liable if the doctor’s actions cause injury or harm.

Similarly, if a hospital employee is negligent while under a doctor’s supervision, the hospital may not be liable, and the patient may have to file a claim with the doctor’s medical malpractice insurance company instead. Things can get very complex very quickly in these situations. Top-rated personal injury lawyers know how to sort out the facts to determine which parties may be held accountable for a patient’s injuries.

Determining Whether a Doctor is an Employee of the Hospital

Figuring-out the nature of a physician’s relationship with a hospital is a critical piece of the puzzle if you are considering filing a medical malpractice claim. If a doctor is an employee, the hospital typically will have control over their hours and vacation time, and will take payroll taxes out of any compensation the doctor receives. If a doctor is affiliated with a hospital but classified as an independent contractor, the hospital usually cannot be held liable for the doctor’s medical malpractice, even if the malpractice occurred there.

Other Situations in Which a Hospital May Be Liable

It is important to note that in some cases, if a physician appeared to be an employee of a hospital, the hospital may be liable if the patient was not informed that the doctor was not an employee. In addition, some states may hold a hospital financially liable if it continues to give staff or admitting privileges to a doctor who is incompetent or dangerous, whether the facility’s administration was aware of it or not. 

Medical malpractice law is complex. Before filing a claim, make sure to contact an experienced personal injury lawyer.

This blog was originally posted on https://www.pa4law.com/can-i-sue-a-hospital-for-medical-malpractice/

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Why You Should Seek Medical Care after an Accident

Often, victims of accidents want to rest at home without seeking medical care right away. Although it is understandable when someone is shaken-up after a car crash or slip-and-fall accident, the shock they may experience can mask pain and symptoms of serious injuries. After an accident, personal injury lawyers recommend that you go to the emergency room or see a doctor as soon as possible, even if you don’t believe you are seriously hurt. Getting checked-out by a health care provider helps to ensure that you get the treatment you need and can support a personal injury claim should there be a need to file one. 

Types Of Injuries That May Be Sustained in an Accident

Depending on the circumstances, symptoms of serious injury may be masked for days, weeks, or even months. Human stress hormones are released when you experience trauma, and can dull immediate pain. While you may believe that a bump on the head is just irritating, a concussion or traumatic brain injury can have serious physical, emotional, and cognitive short- and long-term repercussions. Through examination and diagnostic testing, these types of injuries can be spotted and treated immediately  which can reduce their impact on your health and may even save your life. 

Neck injuries, spinal damage, and back injuries can also pose a serious risk to your health, mobility, and well-being if they are not treated in a timely manner. Organ damage and internal bleeding may go completely unnoticed by an injured victim which can lead to serious complications or death. Even injuries such as sprained or torn muscles and bone fractures can be overlooked. Again, some symptoms of these injuries may not manifest until days or weeks after an accident, so it is better to be safe than sorry. 

What If I Don’t Seek Medical Care After an Accident?

Failing to seek medical care for your injuries can have grave consequences. A serious injury, chronic pain, or disability can interfere with your ability to earn a living and take care of your family. In addition, your quality of life may suffer, and you may face piles of medical bills that can put you in significant debt. If someone else was responsible for your injuries, they should be held accountable so you can get the care you need while protecting your financial stability. 

Seeking Medical Treatment after a Car Crash Provides Vital Evidence

Even the best car accident lawyers may not be able to recover compensation for an injured victim without evidence such as medical records and testimony of medical professionals. Insurance companies will pounce on this lack of evidence and use it as an excuse to deny your claim or minimize the severity of your injuries.  Whether you are hurt in a slip-and-fall, car crash, or another type of accident, take photos of your injuries, and get checked-out by a doctor. Do not speak to an insurance adjuster or accept a settlement without talking to an attorney first. It typically won’t cost you anything to have a personal injury lawyer evaluate your case and advise you on whether you have a viable claim. 

Contact a personal injury attorney to find out more about accident claims and the importance of seeking medical care for your injuries. If you are concerned about your rights and your family’s financial future, an estate attorney can help you create a plan tailored to meet your needs. 

This blog was originally posted on https://www.pa4law.com/why-you-should-seek-medical-care-after-an-accident/

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Speak with a Personal Injury Lawyer before Accepting a Settlement

After an accident, it can be tempting to accept the first settlement offered by an insurance company. You may be in financial straits and unsure about the next steps to take. It is important to keep in mind that insurance companies are not on your side and will try to offer as little compensation as possible. Before you give a statement, sign anything, or accept a settlement, it is vital to speak to a personal injury lawyer who can assess your case and advise you of your options. 

The Insurance Adjuster Is Not Your Friend

The top priority of an insurance adjuster is to protect the insurance company’s interests. This means they may try to pressure you into accepting a minimal settlement before you even know the extent of your injuries and the long-term impact they may have on your life. They may take advantage of injured victims’ vulnerability and will often try to twist your words to pin fault on you instead of their insured. If an insurance adjuster contacts you for a statement, you do not have to speak to them right away. Politely decline to speak with them and call an accident lawyer. 

If You Accept a Settlement, You Have No Further Recourse

Accepting and signing a settlement agreement releases the insurer from liability, so you will not be able to recover additional compensation down the road. A good car accident attorney will evaluate your claim, estimate what it may be worth, and advise you on how to protect your rights. When they assess the circumstances of your accident and injuries, they may also discover additional sources of compensation that you may not be aware you could pursue. If you proceed with your case, they will handle all negotiations on your behalf. 

What Happens If I Don't Accept a Settlement Offer?

Just because you reject a settlement offer does not mean that your case will go to trial right away. Litigation can be a costly and lengthy process, so insurance companies prefer to reach settlement agreements outside of the courtroom. Attempting to negotiate a settlement on your own will most likely result in minimal compensation or no recovery at all. Personal injury attorneys are familiar with insurance companies’ tactics and are there to fight for your interests and maximize the amount of settlements or court judgments. Although there are cases in which an injured victim may have to take their case to court, they are few and far between.  

Personal Injury Lawyers Work on Contingency

You really have nothing to lose when you contact an attorney after an accident. Personal injury law firms take clients on contingency, which means you will not pay attorney fees until and unless they recover compensation for you. Your initial consultation is free, even if they decide not to move forward with your case. Another benefit of hiring a lawyer is that it takes a big weight off of your shoulders, which allows you and your family to concentrate on your healing and recovery. 

If you or a loved one has been hurt due to someone else’s negligence, you don’t have to go it alone. Contact a personal injury attorney for a free case evaluation. If you have lost a loved one in an accident, an estate attorney can help you sort-out the legal issues that may come next if you recover compensation in a wrongful death claim. 

This blog was originally posted on https://www.pa4law.com/speak-with-a-personal-injury-lawyer-before-accepting-a-settlement/

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How to Prove a Distracted Driver Caused a Car Accident

Distracted driving is a growing problem in the United States. According to the National Highway Traffic Safety Administration (NHTSA), driver distraction took 3,142 lives in 2019 alone. If you have been involved in an accident you believe was caused by a distracted driver, there are steps you can take to protect your rights. Learning how a personal injury attorney will investigate these claims can help you understand the process and make informed decisions about the options that may be available for recovering compensation. 

Types of Distracted Driving

Although texting and talking on the phone are two of the most common types of driver distraction, eating, drinking, putting on makeup, talking with passengers, adjusting controls, and dealing with kids or pets in the backseat are also considered distractions that can cause an accident. There are many different types of evidence that can help prove distracted driving. Top accident attorneys know how to put them all together to create cohesive cases that prove a distracted driver was at fault. 

Analyzing the Scene of the Accident

Photographs, traffic and surveillance cameras, and other tools can help investigators piece together how an accident occurred. Skid marks and damage to vehicles, guardrails, and traffic signs can tell a story as well. Personal injury lawyers often employ car crash reconstructionists who examine evidence from the scene to determine whether a driver’s attention was diverted when an accident happened. These car accident experts provide critical testimony that can provide convincing evidence to support a claim. 

Cell Phone Data and Records

Cell phone records are one of the most valuable tools when it comes to proving distracted driving behaviors such as texting or talking on the phone. A lawyer can subpoena a driver’s cell phone data and records to determine whether they were texting, checking email, or using a device for GPS or other purposes while driving. 

Eyewitness Statements

If another driver, passenger, pedestrian, or bystander noticed that a driver was distracted at the time of a collision, their statements or testimony also can help prove your case. If you are involved in an accident, obtaining witness statements and contact information at the scene can add another layer of evidence that your car crash injury lawyer can use to help prove your case. 

Police Reports 

It is critical to call 911 or local law enforcement after a crash. Police scrutinize the scene and collect evidence to try and determine the circumstances of a crash and who may be at fault. They also collect the statements of the other driver, passengers, and witnesses to document what happened. Police reports and law enforcement testimony can provide important information that helps to confirm that a driver was distracted or exhibiting other dangerous behaviors when an accident occurred. 

How an Attorney Can Help

In addition to building a case that proves your distracted driving claim, your car accident attorney can aggressively negotiate on your behalf and help you recover maximum compensation for damages such as pain and suffering, medical expenses, wage loss, emotional distress, and other damages. 

Contact a personal injury attorney to learn more about distracted driving accident claims.

This blog was originally posted on https://www.pa4law.com/how-to-prove-a-distracted-driver-caused-a-car-accident/

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How Personal Injury Lawyers Determine Future Losses after Catastrophic Injury

Catastrophic injuries often cause permanent disability and leave victims unable to work and do things they used to love. Determining future losses after a catastrophic injury can be challenging. Knowing the factors your personal injury lawyer takes into account when calculating these losses can give you peace of mind and help you better understand the long-term impact an injury can have on your life. 

What Is A Catastrophic Injury?

A catastrophic injury is an injury so severe that it leaves a victim with permanent damage. Spinal cord injuries, traumatic brain injuries, and amputations are examples of catastrophic injuries, and can have significant long-term effects on a person’s ability to function. In fact, any debilitating injury that takes away someone’s mobility, cognitive function, or leads to disfigurement has a serious impact on the whole family’s quality of life. Although no amount of money can change what happened, victims of catastrophic injury caused by negligence need—and deserve—full and fair compensation to help them get the ongoing care they need and maintain financial security.  

How Are Future Losses Calculated?

Many catastrophic injuries require costly ongoing medical treatment and therapy. In addition to affecting an injured victim’s physical health, these types of injuries affect their relationships, social life, mental health, ability to make a living, and myriad aspects of daily life. A good accident injury lawyer will know what factors to consider and how to determine the long-term financial, physical, and emotional costs of your injury. 

Some factors that are usually considered when valuing a catastrophic injury claim include:

Tangible future costs. Personal injury lawyers consult with medical professionals, therapists, forensic accountants, and others who specialize in catastrophic injuries to estimate the total monetary costs of an injury. This may include future medical bills, nursing care, medications, therapy, additional necessary treatment, home modifications, and loss of future income and earning capacity. 

Non-economic damages. Putting a dollar amount on damages like pain and suffering, emotional distress, loss of enjoyment of life, and loss of companionship is more challenging, as these are intangible losses. Depending on the severity of your injuries, how they have affected your life, and the circumstances surrounding your specific case, your lawyer may determine that these damages are worth from 2-to-5 times the amount of tangible future economic damages like medical bills and wage loss. This is a general rule of thumb that varies from claim to claim. 

Looking At The Big Picture

Some other factors that have an impact on future losses include your age, education, occupation, medical history, where your claim is litigated, and whether multiple parties are liable for damages. Of course, insurance policy limits also play a part when determining how much an injured victim may be entitled to recover for future losses. If the negligent party who is responsible for your injury acted in a particularly reckless or malicious manner, your lawyer may seek punitive damages as well. If you or a loved one has suffered a catastrophic injury, it is also a good idea to speak with an estate attorney who can help you draft vital documents such as powers of attorney, an advance directive, and a will.  

What Are Mitigated Damages?

One of the reasons it is so important to get proper medical care after an accident is that insurance companies will try to offer lower settlement amounts if they believe you failed to mitigate injury-related damages. Going to the emergency room and following-up with recommended treatment after a car accident, slip and fall, or any other type of accident can help protect your rights and give you a better chance of recovering maximum compensation to get the care you need and move on with your life.

If you need assistance with a claim involving catastrophic injury, contact a personal injury attorney today.

This blog was originally posted on https://www.pa4law.com/how-personal-injury-lawyers-determine-future-losses-after-catastrophic-injury/

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Why Are Medical Malpractice Cases Challenging to Win?

 

Medical malpractice is one of the most complex areas of personal injury law. Although injured victims have a right to pursue compensation when they have been hurt due to negligence, it doesn’t mean that it is always easy to win. There are many challenges that personal injury lawyers face when litigating medical malpractice cases, including proving medical negligence, convincing a jury that a doctor or health system was wrong, and dealing with piles of complex evidence. If you are considering bringing a medical malpractice lawsuit, it is important to understand the elements involved in proving medical malpractice and why these cases can be so challenging.

Proving Medical Negligence

Proving that a doctor’s actions (or inaction) amounted to medical negligence can be difficult. Even though they may have substantial evidence in the form of medical records, medical malpractice lawyers rely heavily on qualified medical experts to evaluate treatment, determine what the doctor actually did, and show what the provider should have done that would have been in line with the medical standard of care. Although these experts can be convincing, depending on the circumstances of the case, the defense may poke holes in their arguments by bringing-up other factors, such as genetics and lifestyle choices, that could have had an impact on a plaintiff’s injuries or condition.

Complex Evidence

The complex nature of the evidence presented in medical malpractice cases also makes it difficult to prove negligence. Jurors without a medical background may find it difficult to understand and interpret the evidence. Even when expert witnesses explain the evidence in a simple way, some jurors may still misunderstand what is presented and rule in the defendant’s (doctor’s) favor.

Convincing a Jury of a Physician’s Negligence

Many people hold doctors in high esteem just because of the job they do. Connecting the dots between a victim’s injuries and a doctor’s negligence is challenging, and juries tend to give doctors the benefit of the doubt. They know that the practice of medicine is difficult, and that there are often different ways to go about treating certain conditions. However, good medical malpractice lawyers know how to use evidence and present a case in a way that makes the malpractice seem like an obvious mistake.

Finding a Qualified Lawyer Is a Key to Success

Finding an attorney who is experienced in negotiating medical malpractice settlements and litigating medical malpractice cases in court is critical to winning your case. The cost of medical experts and other expenses in medical malpractice cases is very high, so finding an established medical malpractice law firm can also be important to the success of a claim.

A good lawyer will know how to gather and analyze massive amounts of medical evidence, have qualified professional medical experts they trust, and understand how to aggressively negotiate on their client’s behalf during settlement talks with a healthcare provider’s insurance company. If a medical malpractice case goes in front of a jury, an attorney’s demeanor, knowledge, communication style, and personality can be significant factors in helping jurors understand the case.

If you believe you or a loved one sustained injuries due to a medical professional’s negligence, contact an experienced medical malpractice lawyer.

This blog was originally posted on https://www.pa4law.com/why-are-medical-malpractice-cases-challenging-to-win/

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