What Damages are Awarded?

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What Damages are Awarded? What Damages are Awarded?

Injury From Broken Stairway and Premise Liability Claim

Have you suffered an injury from a broken stairway? Do you realize that you may be entitled to file a claim?

Stairways are necessary inside and outside of buildings that have more than one floor. Even though elevators are wonderful, there are times when they cannot be used for one reason or another. At other times, you may simply want or have to take the stairs.

Serious injury

You may use a stairway so often that you are not prepared for loose handrails, irregular steps, broken stairs or other difficulties that may result in a fall. Falling on a broken stairway can bring about a serious and/or severe injury. This may include:

Head injury
Broken bones
Other kinds of trauma.

One of the problems with a broken stairway is that it is often not obvious or otherwise easily visible. Things like ice or snow may prevent you from seeing a broken stairway on the outside of a building. Poor or inadequate lighting or carpet or other covering may keep you from noticing a broken stairway on the inside of a building.

Did your fall down a broken stairway cause serious injury? Are you wondering whether you can be compensated for your injury? Would you like to know if you have a claim against the owner because of your injury?

Things to consider

There are several things to consider before filing a claim against the owner of the building where you suffered a broken stairway injury. Some of these are:

How serious is your injury? If you only received some minor bumps and bruises, you probably do not have a claim against the building owner. However, if your injury involves things such as, a broken bone, concussion or other head or brain injury, you may certainly want to consider pursuing a lawsuit against the owner of the building.

The age of the stairs.

The design of the stairs

Has age caused the surface of the stairs to become slick

Lighting was poor or inadequate.

If you decide to pursue a claim against the building owner, it falls in a category of law that is referred to as premise liability. Premise liability is law where a person who is the owner of a building or land may be held responsible for some types of injuries that a person suffers who is there in the building or on the land.

A premise liability lawsuit is a type of lawsuit in which you seek to prove that a property owner was negligent, and their negligence was what caused your injury. In this instance, you would be seeking to prove that the building owner was negligent in his care and upkeep of the stairway. Due to his negligence, there was a broken stairway which resulted in you falling and being injured.

The best thing to do is to get in touch with a personal injury lawyer who will discuss and evaluate your case with you. A personal injury lawyer will help determine whether you have a strong premise liability case. A person injury lawyer will advise you as to whether a premise liability lawsuit against the owner of the building is the best option to pursue.

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Filed under: Claims, Compensation, Settlements — Tags: , , — james @ 11:18 am

Injury From an Uneven Sidewalk and Slip and Fall Claims

A sidewalk is a wonderful thing that can make walking so much easier. A sidewalk can provide much better “footing” and help prevent slips, trips and falls.

However, a sidewalk may become cracked and uneven. Then, instead of preventing slips and falls, it may become the cause of a slip and fall accident.

Causes of an uneven sidewalk

There are two main causes of a sidewalk becoming uneven. The first is the result of tree roots pushing up through the concrete pavement. The second main cause of an uneven sidewalk is the concrete pavement becoming sunken as a result of material warping or an unstable base.

You may have fallen and received an injury on an uneven sidewalk. The thing you would like to know is, “Am I able to file a personal injury claim as the result of falling and sustaining an injury on an uneven sidewalk?”

When you fall on an uneven sidewalk, this injury comes under the heading of what is called a “slip and fall”. You can slip and fall almost anywhere and for a variety of reasons.

Why did you slip and fall

If you slip and fall on an uneven sidewalk because of your own carelessness or not paying attention to where you were going, you really do not have a claim and will have to bear the consequences and costs of your injury, yourself. However, if your slip and fall on an uneven sidewalk was due to some degree of negligence on the part of the owner of the property, you may be able to file a “slip and fall” claim. A slip and fall claim comes under the heading of what is known as a premise liability lawsuit.

Premise liability law is a body of law in which a person who is the owner of premises or land is liable for certain kinds of injuries that happen to a person who is there on the land or premises. Premise liability laws vary from state to state.

Premise liability cases that involve a slip and fall on an uneven sidewalk are not easy to prove. This is because it is necessary to prove that the property owner either unreasonably permitted a dangerous condition to continue that he should or could have fixed, or the property owner was responsible for creating the dangerous condition.

Not automatically liable

It is essential that you understand that a premise or land owner is not automatically liable simply because you slip and fall on their premises or land. It is necessary for you to prove that the owner should have seen the condition, recognized the danger and did something about it. However, a court may say, “If the condition of an uneven sidewalk was open and obviously dangerous to the owner of the land, it should have been open and obviously dangerous to you, also. In which case, you should have seen the condition and avoided it.

For these reasons, among others, it is always wise to consult a personal injury lawyer to have him or her determine the merits of your case and whether it would be a good idea to file a premise liability claim for your slip and fall on an uneven sidewalk.

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Filed under: Injuries — Tags: , , , — james @ 2:51 pm

Injuried In A Car Accident In Washington D.C.? You May Need An Attorney

USGS satellite image of Washington, D.C., modi...
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Washington D.C. is a populated metropolitan area where hundreds of car accidents occur each day. If you have been injured in a car accident you may have suffered minor or serious car accident injuries and may be eligible to receive car accident injury compensation.

The District of Columbia is a no-fault state which means all drivers are required by the state’s car accident laws to carry car insurance. No-fault car insurance provides compensation for car accident injuries (up to a policy limit) regardless of who caused the car accident.  No-fault car accident insurance assumes all drivers will receive medical coverage because all drivers are required to purchase car accident insurance. The initial goal of no-fault coverage was to reduce the legal costs of settling car accident insurance claims.

Can I file a car accident injury lawsuit in Washington D.C.?

Almost all states have some type of loophole which allows a driver to be held financially responsible if they caused another driver’s car accident injuries. Some states have a dollar threshold, which require the car accident victim’s damages to be greater than a certain dollar amount, to file a car accident law suit. Other states have what is called a “verbal threshold” and can only file a car accident law suit if they can prove their car accident injury is “serious and permanent”. It is important to discuss your car accident injury with a Washington D.C. lawyer to determine if you can file a car accident law suit.

In the District of Columbia a defendant will only have to pay for damages if it is determined he is 100% responsible for the car accident. The District of Columbia utilizes the concept of contributory negligence, and if the plaintiff had any responsibility in the car accident they will not be eligible to receive any personal injury car accident compensation.

The statute of limitations for filing a car accident law suit in the District of Columbia is three years from the date of the car accident. Exceptions exist for minors, who have three years from the date of their eighteenth birthday, and plaintiffs who are disabled.

Car accident insurance requirements in Washington D.C.

Washington D.C. car accident laws require all drivers to purchase the following car accident insurance coverage:

  • · $25,000 in bodily injury coverage per person and $50,000 for each accident
  • · $10,000 in property damage replacement for each accident
  • · Uninsured motorist car accident insurance coverage

Do I need a car accident lawyer?

 

Given the complexity of the car accident laws in Washington D.C. and the need to successfully argue against contributory negligence, if you have been injured in a car accident it is important to hire a car accident lawyer who understands the District of Columbia’s car accident law.

Steps after a car accident in Washington D.C.

 

Some steps after a car accident injury may seem like common sense, but if you have been injured in a car accident it is easy to panic and make decisions which can hurt your chances to receive adequate car accident injury compensation. The following steps should be taken immediately following a car accident:

  1. Never flee the scene of a car accident. You can be charged with a hit and run.
  2. Make sure all drivers are fine and if needed call 911.
  3. Talk to your car accident lawyer before accepting a car accident insurance settlement.
  4. Make sure you have the contact information for all of the drivers who are injured in the car accident (names, addresses and insurance information).
  5. Do not make statements of guilt.
  6. Take pictures of the car accident scene.
  7. Go to the doctor to evaluate your car accident injuries.
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Auto Accident Injury In Philadelphia

Do you live in Philadelphia and have you been injured in a car accident? If you have, you may need the help of a car accident lawyer who can give you legal advice and evaluate your car accident injury claim. Bad road conditions, driver distraction, speeding and recklessness all can cause car accidents, and each year thousands of Pennsylvania drivers are injured in a car accident.

Car Accident Insurance Claims in Philadelphia

Philadelphia car accident insurance offers two types of tort options on their insurance policies.

  • Limited Tort – Drivers who have the limited tort option on their car insurance policy may give up the right to receive compensation for their pain and suffering if they are injured in a car accident in Philadelphia. Choosing the limited tort option does save about 10% on insurance coverage, but individuals give up their right to sue for pain and suffering even if another driver is responsible for the car accident injuries except in cases where:
    • The victim passes the limited tort threshold test by suffering a serious injury which results in loss of body function or serious disfigurement.
    • Another driver is convicted of operating a vehicle under the influence of drugs or alcohol.
    • The driver has committed an action to intentionally cause your car accident injuries.
    • The driver is driving a car which is registered in another state.
    • The driver does not have car insurance.

  • Full Tort – Full tort car insurance will provide full compensation to a victim injured in a car accident. Full tort coverage will pay for past, present and future lost wages, pain and suffering, property damage, rehabilitation, permanent injuries, scarring, spousal support and medical costs. Full tort coverage provides compensation for your car accident injuries regardless of how serious the injuries are and gives the injured driver the right to sue the guilty party for their car accident injuries.

What can a car accident attorney do for me?

Whether or not a car accident lawyer should be hired often depends on the complexity of the car accident injuries. If the car accident has caused only minor property damage, a car accident attorney may not need to be consulted. If however, there is a dispute over liability or the insurance company is refusing to provide coverage, it may be a good idea to discuss your car accident injuries with a car accident attorney.

Steps to take after a car accident

  1. Make sure everyone is okay.  If necessary call 911 to transport the injured person to the hospital.
  2. Notify the police. This may not be necessary if there are no injuries and all the vehicles can be driven from the scene, but some times car accident insurance claims require a police report.
  3. If possible, remove all vehicles from the road.
  4. Exchange information with all of the drivers involved in the accidents in the car.
  5. Contact your insurance company about the car accident injuries.
  6. Photograph the accident scene.
  7. Seek medical attention for your car accident injuries. All medical bills should be sent to the insurance company.
  8. Seek legal representation for your car accident injury claim.


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