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Don’t Delay Medical Care After a Slip and Fall Injury

Thursday, January 26, 2017

Falls are the number one cause of unintended injury, and while they happen every day, many people do not seek medical attention, let alone legal recourse against those responsible for it. Why is that? While slip and fall injuries can cause bruising, swelling, back pain, muscle aches, and immobility, often injuries aren’t so apparent immediately after the injury.

Often, fall injuries don’t present symptoms until the day after the injury, with some symptoms not manifesting for up to a week after. However, while you might think you can walk off an injury, if you want justice from the responsible party, don’t slip up and put off medical treatment.

Not only are you doing harm to yourself by not seeking medical treatment, but you are practically killing your case. If you put off going to the doctor for a day or two after a fall, that is understandable. However, the longer you wait to get medical treatment, the more likely it is that the legal representative of the responsible party will say that your slip and fall injuries were caused by something else. Why else would you wait to see a doctor?

It is best to go to a doctor immediately after a slip and fall accident, if not for your own health, for the health of your potential case. Often, doctors can diagnose an injury before the symptoms even start. If you have been a victim of a slip and fall injury and want to seek damages for your injuries, contact us today.

What You Need to Prove for a Slip and Fall Injury Claim

Thursday, October 13, 2016

Accidents happen every day. but most are harmless. We pick ourselves up and keep going. However, when an accident happens that is a little more severe, you may be able to get help with your medical bills. Unfortunately, when you get hurt in common accidents like slip and falls, they can be hard to prove. In order to hold another party responsible, there are a few simple things that you need to prove.

Proving Negligence

When proving negligence, or that the owner of the property knew about the danger and knowingly ignored it, the term "reasonable" is thrown around a lot. You need to be able to prove that they knew about the danger and just let it exist. This means that:

  • It existed for a reasonable amount of time before the accident that the owner had to know.

  • The property was routinely checked for dangers.

  • There was reasonable justification for the creation of a potential hazard.

  • There was no visible warning signage.

Proving You Didn't Cause the Accident

Often the best defense against a slip and fall case is that the property owner infers that you caused the accident yourself. Comparative fault states that you, in some way, had equal fault in causing the accident.

  • Were you engaging in an activity that prevented you from noticing the hazard (texting, reading while walking, ect)?

  • Were you supposed to be in that area?

  • Did you ignore adequate warning signs?

If you can prove all of the above, then you already have a strong case for a slip and fall claim. If your accident happened in the Los Angeles area, Freeman & Freeman may be able to help you. Contact us today to learn more.


What You Should Know About Slip and Fall Injuries / Premises Liability

Friday, June 17, 2016

Slip and fall injuries/premises liability are areas of the law that can be confusing. It is not always easy to tell who is responsible for the costs of injuries caused when someone slips and falls in a public place, or even in the residence of a friend or acquaintance. There are times when the property owner should take responsibility, and times when he or she is not liable.

To be legally responsible for the injuries suffered from slipping and falling on another person's property, one of the following stipulations must be true:

  • Since a "reasonable" employee or premises owner should have been on the lookout for a dangerous surface, discovered and removed or repaired it.
  • The property owner or an employee of the business where the fall occurred must have known about the dangers inherent in the surface, but did nothing to rectify it.
  • An employee, or the owner of the property where the fall occurred, caused the situation (such as a spill, torn carpeting or other dangerous surface) and did nothing to rectify it.

In virtually all slip or trip and fall cases, one must determine whether or not his or her carelessness contributed to the cause of the accident. The rules of "comparative negligence" help determine and measure the degree to which one's own reasonableness in certain factors, such as why the injured party was going where he or she went, or what the injured party did, just prior to the accident.

It takes the assistance of an experienced, professional attorney to sort through all the confusing details of a slip and fall injury case and to help determine whether or not the owner or employee of a premises was at fault. If you live in the vicinity of Los Angeles or the greater LA area, and were injured due to a slip and fall accident, please contact us to schedule a consultation. We can help.

Seniors at High Risk of Symptoms of PTSD after Slip and Falls

Tuesday, September 02, 2014

Senior veterans who suffer a slip and fall accident are at a high risk of suffering symptoms of post-traumatic stress disorder.

According to the results of a new study, elderly people who suffered injuries in a fall, over the next few days suffer symptoms of post-traumatic stress disorder, an anxiety -related condition over the next few days. The researchers analyzed more than 100 people above the age of 65, who had suffered a slip and fall accident, and been injured seriously enough to require a visit to the hospital. They found that out of 100 people, 27 showed symptoms of post-traumatic stress disorder.

Post-traumatic stress disorder is a condition that is very often seen in people, who have just survived a life-threatening or dangerous condition. Examples of such conditions include a natural disaster, serious auto trucking accident, fire or explosion. For a senior citizen, a slip and fall accident is a traumatic event, because seniors are well aware that their risks of surviving the fall are very low. They are also aware that even if they survive the injury, they could probably require extensive treatment, including hospitalization and multiple surgeries. That probably explains the extreme trauma they suffer when they experience a fall, and the symptoms of post-traumatic stress disorder that emerge soon after the fall.

The researchers found that some categories of persons or elderly persons were much more likely to report symptoms of post-traumatic stress disorder, compared to the others. Women, for instance, were more at risk for post-traumatic stress disorder after a fire accident. Unemployed people and those with a lower level of education, as well as persons, who already had suffered injuries to the back or chest earlier, were more likely to report these symptoms.

Cell Phone-Related Accident Fatalities Involving Younger Persons Up

Monday, March 10, 2014

Distracted driving accidents involving cell phone use is killing more young people than ever before. According to new statistics released by the National Safety Council, however, car accidents are not the number one cause of accidental fatalities in the United States. More people now are killed from poisoning, especially those related to drug overdoses, than any other cause.

However, among younger people, cell phone-related distracted driving accidents are a major cause of fatalities. In fact, according to the statistics, auto accidents caused the highest number of fatal injuries involving younger persons, and cell phone-related distractions contributed significantly to those accidents.

When it came to senior citizens in the above-65 age category, fall accidents were the number one cause of fatal injuries. In fact, earlier studies have indicated that falls can actually increase mortality risks among senior citizens. A senior’s risk of dying increases dramatically in the one year after he has suffered a slip and fall. The report finds that there was an increase of 3.2% in the number of injury-related fatalities in 2012, compared to the previous year.

In recent years, poisonings especially those related to the over use, misuse and abuse of prescription runs, has dominated injury-related fatality data. Earlier, poisoning-related fatalities often involved children, who gained access to household chemical and solvents. However, somewhere in 1993, according to the National Safety Council, the number of people who died from accidental poisoning actually began increasing, and most of those deaths were related to the misuse of prescription drugs.

Meanwhile, to reduce the number of young people dying in auto accidents, it is important to focus especially hard distracted driving. Laws that ban such practices are important, and primary enforcement and more stringent penalties must be attached to those laws. Fall accident strategies meanwhile are vital to help reduce fatality risks involving senior citizens.


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From our offices in Woodland Hills, California, Freeman & Freeman, LLP, provides legal advice and representation for clients in communities throughout the state, including those in Burbank, Glendale, Encino, Sherman Oaks, Van Nuys, Tarzana, Santa Clarita, Agoura Hills, Reseda, Canoga Park, Chatsworth, Northridge, Granada Hills, Pacoima, Panorama City, North Hollywood, Thousand Oaks, Simi Valley, Lancaster, Palmdale and Alhambra.