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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.
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Contact our professional team of Midwest injury attorneys by calling 800-800-5678 today for your free consultation.
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My child fell out of a shopping cart and broke her arm. Do I have a case against the store or shopping cart maker?
The answer to your question is going to depend on why your child fell out of the shopping cart and who knew—or should have known—specific facts prior to your child’s accident.
Who’s Responsible for the Accident: The Store, the Shopping Cart Manufacturer, or You?
Generally, the store may be liable for your child’s injury if the store’s staff knew or should have known that there was an unsafe cart in the facility. For example, if a store worker had seen the cart wobbling or another customer had complained that the cart wasn’t working right, then the store could be responsible for any injuries that result from the broken cart.
The shopping cart maker may be responsible for your child’s injury if there was a problem with the design or manufacturing of the cart. Additionally, the manufacturer may be liable for failing to provide warnings, such as weight limits, on the cart. Similarly, if proper safety restraints were not in place or were not functioning to industry standards, the manufacturer may be liable.
You, or the grown-up in charge of your child at the time of the accident, may be liable for your child’s injury if the child was standing in the cart, shaking the cart, or otherwise acting unsafely and in such a manner as to cause her accident.
If you think that the store or shopping cart manufacturer caused your child’s injury, then it is important to take action quickly to protect your child’s rights. You can schedule a free consultation with an experienced child fall injury lawyer today and we can take action to preserve any video surveillance of the accident, to make sure the cart in question is not repaired before it can be examined, and to help your child get the recovery that she deserves. To learn more, please call our experienced fall injury lawyers today at 1-800-800-5678.
Can I recover if I fall and get hurt on an elevator or escalator?
It depends on why you fell. While most elevator and escalator rides do not result in a fall injury, there are times when an elevator or escalator malfunctions and a serious injury can result. For example, you may have been hurt when:
- The elevator did not line up properly with the floor.
- The elevator moved abruptly and caused you to lose your balance.
- The doors to the elevator opened and the elevator cage was not there.
- The escalator stopped suddenly.
- The escalator was slippery.
- There was a problem with the handrail on the escalator.
Any of these situations can result in an injury that causes you to miss work, incur substantial medical expenses, and suffer significant pain.
The Accident Wasn’t Your Fault—So Who Will Pay?
If you got hurt when the elevator or escalator malfunctioned in one of the ways described above, or in another way, then you need to determine why the accident happened. The accident could have happened because of the negligence of one or more of the following parties:
- The building owner who failed to get regular inspections or fix escalator or problems he knew about—or should have known about—prior to your accident.
- The elevator or escalator manufacturer who may have made and sold a defective product.
- The elevator or escalator installer who may have made a mistake during the installation of the elevator.
- The elevator or escalator maintenance contractor who may have failed to complete a full inspection, to detect a problem, or to adequately fix any issues.
- The business where you were injured if the staff were negligent in responding to a hazard they knew about…or should have known about.
In order to determine which of these parties is responsible for your fall injury, you may have to conduct a thorough investigation into the cause of the accident. For more information about how to do that and about how to protect your rights, please start a live chat with us today.
My mother fell and fractured her hip in her nursing home. Should she pursue a lawsuit?
Every nursing home fall injury may be unfortunate, but not every nursing home fall injury should result in legal action. In order to determine if your mother’s fall injury should result in a lawsuit against the nursing home you must first determine if the nursing home, or an individual staff member, was negligent in the care of your mother.
What You Would Need to Prove
If you were to bring a successful nursing home negligence case, then you would need to prove that:
- The nursing home owed your mother a duty of care. If she was a nursing home resident, then the facility owed her a duty of care.
- The nursing home or its staff breached the duty of care by failing to act like a reasonable nursing home or staff member would in similar circumstances.
- The nursing home’s actions or inactions that were a breach of the duty of care caused your mother’s injury.
- Your mother has the legal right to bring a case. If the above elements of negligence are established then your mother has standing to bring a claim.
Before you can know whether the elements of negligence described above may be proven, you need to know exactly what happened when your mom fell.
How to Find Out What Happened
Often a full investigation will need to be done to determine what happened to your mom. An attorney can lead that investigation and ask the questions that need answering to determine if your mother has a potential nursing home abuse or negligence case. To find out more about how a lawyer can help your mother and what your mother should do to protect her rights, please start a live chat with us today.
It is worth calling an attorney if I trip and get hurt on the stairs?
Yes, if you fell and got hurt on someone else’s property and you did not cause your own fall, then it is worth calling an attorney to talk about your accident and possible recovery. While an attorney cannot help you if you got hurt on your own property, if you tripped on your shoelace, or if you were negligent on the stairs, an attorney may be able to help you in other cases.
Here Are Some Things to Consider
You may have a potential slip and fall lawsuit if a property owner knew or should have known of a dangerous condition that led to your fall and failed to fix it or warn you of it. Accordingly, you should think about:
- The lighting on the stairs.
- Whether there was a handrail or railing.
- Whether any of the stairs were lose or broken.
- Whether there was debris of any kind on the stairs.
You should also consider any other conditions that could have led to your fall.
You Have Nothing to Lose
We provide free consultations for slip and fall victims. If you have been hurt by tripping or slipping on stairs, then we would be happy to talk to you about your legal rights. If you don’t have a strong case then we will also tell you that—and you have lost nothing.
However, if we do think you have a good case then we will let you know that, and we can represent you on a contingency fee basis so that you don’t pay us anything up front for our services and instead pay our fee from your recovery. To find out more about your legal rights and how to protect your recovery, please start a live chat with us today.
My child was hurt in a slip and fall incident. Do we need an attorney?
If your child was injured in the slip and fall accident and the fall was caused by a dangerous condition that the property owner or manager knew about, or should have known about it, then you should contact a lawyer.
Don’t Listen to These Arguments
People may tell you that it isn’t important for you to contact a lawyer because your child does not earn an income and therefore has not lost any money due to her injury, and because you have health insurance to cover your child’s medical costs. While both of these things may be true, there still may be important reasons to consult a personal injury lawyer if your child has been hurt.
Your child may incur financial injuries that are significant regardless of your health insurance coverage or her non-working status. A fall injury could result in:
- Time lost from her education and other activities.
- Medical expenses or rehabilitation therapies that are not covered by your insurance.
- Expenses for your family if you need to take off from work to care for her or hire someone to do it.
- Permanent injuries that affect her for the rest of her life.
- Physical pain and emotional suffering that are deserving of compensation.
Other costs and injuries may also occur.
Time Is of the Essence
It is important to contact an attorney as soon as possible because:
- The law provides you with a limited amount of time to file a case.
- It is easier to collect evidence soon after an accident occurs.
- The sooner you file a claim, the sooner you may be able to recover damages.
You can find out more information right away by watching our free videos and by starting a free, no-obligation live chat with us via this website.
I shattered my elbow in a recent fall and I’m not yet sure if I have any permanent injury. Is it too soon to call a lawyer?
No, it is not too soon to call a lawyer if you slipped and fell on someone else’s property and got hurt. You may not know your long term prognosis yet, but there are benefits to contacting a lawyer now. Specifically, an attorney can:
- Investigate what happened and gather evidence before any changes are made to the accident scene. Time may of the essence in this regard. For example, if you tripped on a broken stair at an office building, tripped on an unsecured rug at a store, or slipped on a slippery surface in a store, then the dangerous condition may be fixed immediately. It could be useful for your lawyer to take pictures and gather other evidence before the condition is fixed. It might also be easier to find witnesses to the accident and employees who were working at the time of your accident if you act quickly.
- Help you get your financial recovery faster. The sooner you begin your claim, the sooner you can get a fair recovery.
By contacting a lawyer soon after you shatter your elbow in a fall you can be confident that your legal rights and potential recovery will be protected. Your attorney will not settle the case until your doctor is reasonably able to predict the extent of future damages. However, you have limited time to file a case. Accordingly, it is important to contact a lawyer as soon as possible and to find out more about your rights and possible recovery by watching our free videos and reading our free articles.
Can I recover for post-traumatic stress disorder (PTSD) after a fall injury?
If you suffer from PTSD and can prove that the PTSD was caused by your fall, then you may be able to recover damages for your injuries. Thus, it is important to understand how you can prove that you have PTSD that was caused by your fall.
Not Every Fall Results in PTSD. Did Yours?
PTSD is a type of anxiety disorder. In order to recover damages for PTSD, you are going to need an official diagnosis. It is not enough for you to explain how the fall has impacted you emotionally or physically. Accordingly, it is important for you to seek prompt medical attention if you experience any symptoms of PTSD after a fall. Those symptoms include, but are not limited to:
- Reliving your fall in such a way that it interferes with your day-to-day activities.
- Avoiding your normal activities, friends, relatives, and other things you once enjoyed.
- Being hyperaware of potential dangers in such a way that interferes with your daily life.
- Having negative thoughts or feelings.
Part of the PTSD diagnosis should include why it developed. If you developed PTSD because of a fall and you suffered a physical injury, then you should contact a lawyer as soon as possible.
How a Lawyer Can Help
If you fell because someone else was negligent or failed to maintain a safe property, then you may be able to recover damages for your injuries. An experienced lawyer can help you fight for a fair settlement or court verdict that includes compensation for your physical injuries and PTSD. To learn more, please start an online chat with us now or call us directly to schedule a free consultation.
Was my slip and fall back injury serious enough for me to call a lawyer?
Without knowing more about your specific injury it is impossible for us to tell you whether you have a potential legal case for which you may recover damages. However, we can tell you this.
You Should Call a Slip and Fall Lawyer
- Most slip and fall lawyers will provide you with a free consultation. Therefore, you have nothing to lose and much to gain by making the call.
- It is in your best interest to make the call early. Do not wait to see how long you will be out of work or whether your back pain will be permanent. Instead, if you have a potential case, then you can make sure that your lawyer begins protecting your rights immediately.
- You won’t know if you don’t call. Instead, you may continue to worry about whether you are doing the right thing.
What to Expect When You Contact a Lawyer
A lawyer may invite you to schedule a free initial consultation. The purpose of this meeting is to find out if the fall that you experienced at a store in Belvidere, in a restaurant in Loves Park, or somewhere else in the Rockford area was caused by the negligence of a property owner. If a property owner or manager was responsible for your fall and resulting injuries, then you may have a valid cause of action and you may be able to recover damages. To schedule your free consultation please fill out our online contact form or start a live chat with us now.
I slipped and fell outside the entrance to a store. Could I have a claim if I wasn’t inside the business?
Yes. Wisconsin law does not require that the fall be inside a store or other business in order for you to recover damages. However, if you slip or trip and fall outside of a store then you are going to have to know exactly what to do in order to protect your possible recovery.
You Are Going to Have to Prove Your Claim
One of the first things that you are going to have to establish is who owned the property on which you were injured. Was it the store? The city of Milwaukee? Someone else?
Some of the evidence that your slip and fall lawyer may gather may include:
- A property deed that shows who owns the property.
- Documentation of who typically cares for the property. For example, who clears the snow or makes sure the entrance to the store is unobstructed?
- Documentation about who fixes the property if something is broken.
Once you know who owns the property and is responsible for the its upkeep, you are then going to have to prove your slip and fall claim. To do that you will need to establish why you were hurt.
Do You Have Questions About How to Do This?
Whether you were hurt outside a restaurant in Brewers’ Hill, a clothing store in Granville, or another Milwaukee business, it is important for you to get answers to all of your questions. You can do that by reading our free library articles and by filling out our online contact form today to have our lawyers contact you directly.
I fell in the parking lot of a Milwaukee store and I broke my wrist. Can I sue?
It depends. Before you file a lawsuit for a slip and fall injury you want to know that there is a reasonable likelihood that your lawsuit will be successful. Generally, in order to recover damages for a slip and fall accident in the parking lot of a Whole Foods, Walmart, or another Milwaukee store you are going to be able to prove that:
- There was a dangerous condition that the property owner knew about or should have known about.
- The property owner failed to fix the condition or warn you of the condition in a reasonable amount of time.
- You injury was caused by this condition.
- You had a legitimate reason to be on the property.
Of course, you don’t have to do this on your own.
Instead, You Have the Right to Hire a Lawyer
The first step in determining whether you can pursue legal damages for your broken wrist injury is to consult with a lawyer. Our lawyers provide these consultations free of charge. If you do not have a case then we will tell you that and you will have lost nothing. However, if you do have a likely case then we will advise you of your rights and of the next steps that can be taken to protect your recovery.
Whether you can sue for the broken wrist you suffered in the parking lot of a Milwaukee store is going to depend on the specific facts of your case. Do not wonder about your rights. Instead, contact us today via this website to schedule your free consultation and read our case results to learn more about the difference we’ve made for others who have been hurt in slip and fall accidents.