Answers to Your Questions About Slip and Fall Accidents

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From helping you after a dog attack or truck accident in Wisconsin to defending your rights as a rider, the personal injury trial attorneys at Hupy & Abraham will be fierce advocates in your time of need.

With offices across Wisconsin, Illinois, and Iowa, and representing clients hurt by slip and fall incidents, car accidents, wrongful deaths, drug and medical device injuries, dog bites, and motorcycle crashes, we are available where you need us and when you need us.

Contact our professional team of Midwest injury attorneys by calling 800-800-5678 today for your free consultation.

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  • Can eye injuries result from fall accidents?

    Eye injuries or eye loss can result from an unexpected fall or slip

    Yes, eye injuries are a serious type of slip and fall accident injury.

    Research Points to Falls as the Number One Cause of Eye Injuries

    In November 2015, the American Academy of Ophthalmology held its annual meeting in Las Vegas. During that meeting, new research was presented concerning the cause of eye injuries in the United States.

    Approximately 8,400 people were hospitalized in the United States over a ten-year period because of eye injuries sustained in fall accidents. The researchers from Johns Hopkins University analyzed information about 47,000 patients who suffered eye trauma from 2002 to 2011 and found that:

    • Over 8,400 people suffered ocular trauma in fall accidents that required hospitalization, making falls the most common cause of eye injuries.
       
    • The majority of people who suffered eye injuries in falls and required hospitalization were over the age of 60.
       
    • Slipping was the most common cause of fall accidents that resulted in hospitalizations for eye injuries. Approximately 3,000 of the 8,425 people requiring hospitalization for this reason where hurt in slip and fall accidents.
       
    • Falling down stairs was the second most common cause of fall accidents that resulted in hospitalizations for eye injuries. Approximately 900 of the 8,425 people requiring hospitalization for this reason were hurt by falling down stairs.

    According to CBS News, the study also found that the average cost of treating serious eye injuries rose from $12,430 in 2002 to $20,116 in 2011.

    If you or your child has suffered an eye injury in a fall accident, then it is important to know your rights. You may be able to recover for your past, current, and future medical expenses, lost income, out-of-pocket costs, pain, suffering, and other damages if you pursue a legal case against the property owner or manager who knew or should have known about the dangerous condition that led to your fall injury.

    To find out more about your rights and how to protect them, please contact our experienced slip and fall lawyers today via this website.

  • What should I do if I suffer a facial or dental injury in a slip and fall accident?

    Severe facial and dental injuries can result from a trip or fall

    You ask an important question, because it is essential for you to know what to do if you suffer an injury such as a:

    • Broken nose.
    • Broken jaw.
    • Broken cheekbone.
    • Broken tooth (or teeth).
    • Dislocated jaw.

    Treatment for these injuries will depend on the extent of your injury, your age, and your overall health. Facial and dental injuries can be serious consequences of slip and fall accidents. Your injury may be painful, your treatment may be extensive, and your financial losses may be substantial.

    Get the Medical and Legal Advice You Deserve

    It is important to see a doctor, dentist, or endodontist as soon as possible so that you can manage your pain, prevent your injury from worsening, and get the treatment that you need to get better.

    However, that’s not the only step that you should take. While your medical or dental team works on your physical recovery, you will also need to take charge of your financial recovery. In order to protect your financial recovery, you should speak with a slip and fall lawyer as soon as possible after your fall accident. An attorney can:

    • Help you determine if you have a case by reviewing the facts about your fall.
    • Gather and preserve the evidence surrounding your accident.
    • Value your damages and advocate for your full and fair recovery in an insurance settlement or in a court of law.

    If you have suffered a facial or dental injury then you may have significant…

    • Medical expenses.
    • Lost income.
    • Out-of-pocket costs.
    • Physical pain and emotional suffering.

    Your attorney can help you get the fair recovery that you deserve if you’ve suffered any of these damages due to the negligence of a property owner or manager. For more information about your rights, please start a live chat with us now to schedule your own free, no-obligation consultation.

  • I fell on a city sidewalk in Wisconsin. Can I recover damages?

    A slippery sidewalk may lead to a Wisconsin personal injury lawsuit

    The short answer is maybe, but more information is needed to help you determine whether you have a claim worth pursuing.

    If you have been seriously injured in a slip and fall accident, then you should review the information provided below and start a free live chat with an experienced fall injury lawyer today.

    Was There Snow and Ice?

    Many falls occur when there is snow or ice covering the sidewalk. While the municipality may own the sidewalk, many city ordinances make snow and ice removal the responsibility of the person who owns the land immediately abutting the sidewalk. For example, in Milwaukee property owners are required to remove snow and ice from the sidewalks next to their properties within 24 hours after snow stops falling from the sky. In Madison, property owners have until noon the day after the snow stops to clear their sidewalks or take other measures to create safe sidewalks for pedestrians.

    Despite these ordinances—and others like them around the state of Wisconsin—it can be difficult to recover damages from a property owner after a slip or fall on an icy or snowy sidewalk. If you are going to pursue a case, then it is important to take photographs immediately following your fall, to see if there were any witnesses to your fall who can testify about the condition of the sidewalk, and to see if the property owner had a history of failing to adequately clear the sidewalk of snow and ice. Typically, fall victims can recover if they can prove that the snow or ice was an artificial condition rather than the natural accumulation of snow and ice and that the property owner was negligent.

    What If There Was No Snow or Ice?

    In the absence of snow and ice, it is usually the city or town that is responsible for maintaining the sidewalk. If the city or town had knowledge of a broken or defective sidewalk, then you may have a successful claim for your fall injuries. However, it is important to remember that the time frame for providing notice to a city, town, or other government entity is short and that you need to take action quickly.

    To learn more, please call us directly at 1-800-800-5678 for your own free, no-obligation consultation.

  • Should I report a slip and fall accident if I’m hurt, and, if so, how should I do it?

    You should promptly file an accident report after being injured on someone else’s propertyYes. If you have been hurt on someone else’s property. then it is important to make the property owner or manager aware of the accident and of your resulting injury.

    Whom to Report To

    The right person needs to receive your report. If you were hurt…

    • At a private residence, then that person would be the homeowner, renter, or landlord.
    • At a commercial property, then that person would be the store manager, facility manager, or owner.
    • On government property, then that person might be the on-site manager or an administrator for that government agency.

    You should make your report as soon as possible after your accident.

    What to Report

    In some cases—particularly if you fall in a retail location, healthcare facility, or on government property—you may be provided with an accident report form to complete. In other cases—such as when you fall at someone’s home—you may need to write your own report.

    In either case, it is important to notify the responsible parties that you have been hurt in a slip and fall accident. You should not guess about the cause of the accident. Instead, you should include the following types of information:

    • State there was an accident. It is important that parties responsible are made aware that there was an accident and that you were the victim.
    • Let them know you have been injured. You need to inform all the parties that you have been injured in the accident. Explain in general terms the type of accident you suffered, but do not go into details about the extent of your injuries.
    • Do not state fault. In this initial letter it is not necessary to state that you believe they are at fault. The details of the fault or responsibility will come later.
    • Request a response. Include in the letter that you would like a written acknowledgement to your letter. This is important to insure that they have received your letter and are aware of the circumstances.

    If you have any question about how to make the report or if you want more tips for protecting your slip and fall case, then please do not hesitate to contact an experienced slip and fall lawyer for help. You can reach us today at 1-800-800-5678.

  • What should I say to the insurance adjuster after a slip and fall accident?

    Don’t let a suspicious insurance adjuster browbeat you into a hasty settlementYou ask a good question, and it is important that you get an answer before speaking with an insurance adjuster. Before you can decide what you should or should not say, it is important to understand that the insurance adjuster has a job to do. That job is to maximize profits for the insurance company by paying you as little as possible. Thus, the insurance adjuster’s job is not to provide you with fair damages for your fall injury. Instead, it is the insurance adjuster’s job to pay you as little in damages as you will accept for your fall injury.

    And You Need to Watch What You Say

    Anything that you say to an insurance adjuster can be used by the insurance adjuster to justify a lower settlement amount. Sometimes, an insurance adjuster can twist your words or get you to admit to something that is not true. Accordingly, you should say as little as possible to the insurance adjuster who contacts you.

    Some things that you can say are:

    • “This was the date and location of my fall.”
    • “I have no further comment at this time.”
    • “I am represented by an attorney. Please call my lawyer.”

    These statements will put the insurance company on notice that you have a potential claim and that you are represented by counsel, but will not provide the insurance company with an ambiguous statement that can be misunderstood and used against you later.

    There Is a Way to Avoid the Stress of Negotiating With Insurance Adjusters

    When you are represented by an attorney, the insurance company should stop calling you and start negotiating with the lawyer. You no longer have to worry about saying the wrong thing or about accepting a settlement offer that is too low. Instead, you can trust your attorney to understand how insurance companies work and to fight hard for your fair recovery.

    To learn more about the tricks that insurance companies might play pleases order our FREE DVD, Secrets Insurance Companies Don’t Want You to Know, and please call us at 1-800-800-5678 for more tips about protecting your fall injury claim.

  • How long do I have to file a slip and fall lawsuit in Wisconsin?

    You have only a limited period of time to file a fall injury claimIn most cases, you have three years to file a slip and fall lawsuit in Wisconsin. This time limit is known as the statute of limitations, and like most statutes or laws there are important exceptions to the general rule…and there are important things that you need to know so that you can protect your rights.

    Exceptions to the Three-Year Rule

    The statute of limitations may be shortened or lengthened depending on your specific circumstances. For example:

    • The statute of limitations may be shorter if you fall on government property. Specifically, you must follow certain rules to provide required notice to the government of your fall accident and resulting injury. For example, you may be required to provide notice in writing within 120 days of your fall. Other rules may also apply.
    • The statute of limitations may be lengthened if you were a minor at the time of the fall. If you were under the age of 18 when you fell and your parent or guardian failed to file a lawsuit on your behalf, then you may be able to pursue a lawsuit for two years after you turn 18 so long as that does not extend the statute of limitations more than five years.

    An experienced slip and fall lawyer can let you know if any statute of limitations exceptions apply to your case.

    How to Protect Your Rights

    Regardless of when the statute of limitations expires for your case, it is important to take action quickly. When you pursue a claim quickly there may be better evidence available to prove your case and you may be able to recover damages faster.

    To find out more about protecting your rights after a Wisconsin slip and fall accident, please start a live chat with us now and schedule your own free and confidential consultation with an experienced lawyer.

     

  • Can I still recover damages after a slip and fall in Wisconsin if I was partly to blame for falling?

    The balance of responsibility for a trip or fall accident will determine your possible financial recoverySometimes many factors may lead to a fall injury, and it isn’t always easy to tell who may be legally responsible for injuries. Consider, for example, a situation where there was a bad lighting but the person who fell was distracted by a cell phone, or a situation where there was a loose railing but the person who fell also had an untied shoelace.

    If You Were the Person Who Fell, Could You Recover Damages?

    The answer is maybe. Wisconsin law may allow you to recover if you were partially responsible for your fall—as long as you were no more than 50% responsible for your fall. This modified comparative negligence law allows a person who was hurt in a fall accident to recover damages if the person who was hurt was not primarily responsible for the fall. However, the amount of damages may be reduced by the percentage of fault attributable to the person who was hurt.

    How Do You Know What Percentage of Fault Is Attributable to You?

    You, alone, cannot decide how much of the fault was your own. Instead, that is something that would need to be decided in court or through settlement negotiations.

    If, however, you believe that someone else was primarily responsible for your accident then you can put yourself in a strong position to argue for your fair recovery by gathering evidence to prove your argument. This evidence could include:

    • Eyewitness testimony.
    • Expert witness testimony.
    • Pictures or video from the accident scene.
    • Other evidence related to liability.

    An experienced slip and fall attorney can help gather evidence and analyze it for you so that can make strong arguments and fight for the recovery that you deserve. To learn more about your potential recovery, please browse the free resources available on our website or contact us today to find out how a slip and fall case works.

  • What should I do if I can’t work after a slip and fall accident?

    You may find it impossible to work in your old job after your slip or fall injury

    It can be frustrating and frightening to be out of work while you are recovering from your slip and fall injuries. As you recover from your injuries, you still need to keep a roof over your head and feed your family and, of course, your creditors still want to be paid.

    But How Will You Do That?

    If you have been hurt in a slip and fall accident and the property owner or manager is liable for your accident injuries, then you may be able to recover damages that include compensation for lost income. In other words, the insurance company, property owner, or property manager who is legally responsible for paying your damages may also be obligated to reimburse you for your lost income.

    An experienced slip and fall attorney can advocate for your fair and just recovery of lost income.

    Know What You are Fighting For

    Lost income includes your past, current and future losses if you can’t work due to your slip and fall injury. Specifically, lost income may include past, current, and future:

    • Wages. This includes partial wages if you are able to work fewer hours or a job for lower pay.
    • Bonuses and incentive pay. These are important parts of your compensation package that may be recoverable if you can’t work.
    • Benefits. The value of your health insurance, dental insurance, disability insurance, life insurance, paid time off, or other benefits may be compensable.
    • Income from clients or customers. If you are self-employed, then you may be able to recover for any income that you could not earn while you were hurt.

    In order to make a fair recovery, you are going to need to present evidence about the value of your damages. Please contact us now via this website to learn more about your legal rights and about protecting your recovery of lost income after a slip and fall accident.

  • Who is liable for a slip and fall accident in Wisconsin?

    The owner is responsible for maintaining his property in a safe conditionIf a slip and fall accident results in your injury and someone else—typically a property owner—has been negligent, then you may want to look into a lawsuit to cover the expenses and pain.

    But You Must Prove Liability in Order to Recover Damages

    It is necessary to prove liability in Wisconsin slip and fall cases. After all, sometimes accidents happen and no one is at fault. While a property owner must take precautions to make sure his premises are clean and safe, he cannot be responsible for people who simply do not watch where they are going.

    In order to recover damages, you must be able to prove that:

    • The property owner owed you a duty of care. If you were legally on the property then the owner likely owed you a duty of care.
    • The property owner breached that duty of care by failing to act like a reasonable property owner would in similar circumstances. For example, the property owner may have known about the hazard that caused you to fall and failed to take action, or the property owner should have known about the hazard and taken action but didn’t.
    • The breach of the duty of care caused you to fall. In other words, you would not have fallen but for the property owner’s breach of the duty of care.
    • You are legally entitled to damages. Wisconsin law allows you to recover damages.

    Often, a slip and fall case hinges on whether a property owner breached the duty of care.

    A Closer Look at What the Property Owner “Should Have” Known

    A property owner should have known about the dangerous condition that led to your fall when a reasonable person who owned or cared for the property would have known about it. Accordingly, in order to recover damages pursuant to this theory of liability, you will need to prove what a hypothetical reasonable property owner or caretaker would have known about.

    While every case is unique, you may consider the following factors when considering whether the property owner was reasonable:

    • Had anyone been hurt by the dangerous condition on the property before?
    • Had anyone reported the dangerous condition before?
    • Did the property owner have procedures for taking care of the property?
    • Where those procedures followed?
    • Were there any warnings (such as cones or signs) in the spot where you fell before your fall?

    These factors and others can help you present a convincing argument that the property owner should be liable for the injuries that you sustained in the fall.

    Who Decides Liability?

    Regardless of your evidence or of how strongly you believe that the property owner should have known about the dangerous condition, you cannot be the one to decide what the property owner should have known. However, it is not up to the property owner to decide that either. Instead, you will either need to convince the insurance company that this standard can be proven in court and thus should be considered in settlement negotiations, or you will need to convince the judge or jury that this element is met. Ultimately, if there is no consensus on what the property owner should have known, it will be the jury in the case of a jury trial or the judge in the case of a bench trial who will make the determination.

    Liability Is a Legal Concept and You Need Legal Help

    As you can tell from the information provided above, it is not always easy to prove when someone else is liable for fall injuries. Accordingly, we encourage you to contact an experienced slip and fall lawyer today. Your attorney can examine all the evidence and can make the convincing legal arguments needed to get the recovery you deserve, either from the insurance company or through a slip and fall lawsuit.

     

     

  • What am I going to do about all of the out-of-pocket costs that keep adding up since I was hurt in a slip and fall accident?

    Getting hurt is expensive. You are incurring a lot of financial damage because of your medical bills and lost income, and also because of your out-of-pocket costs.

    While your out-of-pocket expenses may not be the largest of your damages, they are important and you deserve to make a fair recovery of these costs.

    What’s Included?

    Your out-of-pocket costs will be unique and will depend on your individual needs. Some costs that should be considered include:

    • Childcare.
    • Cleaning help.
    • Transportation costs.

    Of course, these must be expenses that you incurred because of your injury and not simply expenses that you were already paying prior to getting hurt.

    Inclusion of Out-of-Pocket Costs Isn’t Automatic

    In order to recover damages for your out-of-pocket expenses, you must prove two things. First, you must prove the economic value, or dollar amount, of your damages. This could include past, current, and future costs. Second, you must prove that you had to pay these costs because of your slip and fall injury.

    The insurance company or the defendant is going to fight hard against your fair recovery so that they can pay you as little as possible.

    You Are Going to Have to Fight Back

    You are going to have to stand up for yourself and advocate for your full and fair recovery, but you are not going to have to do it alone. Instead, you have the right to hire an experienced slip and fall attorney to help you recover the out-of-pocket costs—and other damages—that you deserve. Our lawyers would be pleased to provide you with a free consultation. You have nothing to lose and much to potentially gain by contacting us, and we invite you to do so today either via this website or by calling 1-800-800-5678.