Accidents are unfortunate events that can happen to anyone at any given place and time. While it may be embarrassing to fall flat on the floor, there are instances when you may need more than a band-aid and a helping hand. There may even be enough cause for you to claim damages.
There are certain instances where you can claim damages when you hurt yourself. Slipping on a wet restaurant floor, tripping over an old carpet, or falling from a ladder while at work are just some of these instances. You may even trip on a cracked portion of the sidewalk while jogging, or crash on a neighbor’s icy driveway. These injuries often translate to substantial medical bills, missed days at work, or even permanent disability.
At first glance, these incidents seem to be personal accidents and are borne out of your own carelessness or lack of foresight. However, when you examine the situation closer, other factors could have contributed to the incident.
For example, when you slipped on the restaurant floor, did management even bothered to put a “wet floor” sign to warn guests? In the workplace, did management provide you with proper protection and equipment to prevent injuries? If not, then there was negligence on their part, and you are entitled to compensation. Such a claim can provide you the means to reimburse medical expenses and collect damages for loss of work, emotional suffering, and trauma.
If you have incurred injuries outside your home, and you’re not sure how to determine negligence and if you should take legal action or not, this article can help you out. Read on below to learn when a negligence claim is possible, and if you have a strong basis to take legal action.
- Slip and Fall Accidents
Slips and falls are the most common cause of personal injuries. Situations in residential and commercial establishments, such as wet or uneven floors, torn carpeting, low lighting, narrow stairs, missing handrails, cluttered workspaces, and even road hazards such as potholes or icy pavements can cause these mishaps.
These accidents can lead to serious physical injuries and disability in the worst cases. It is best to seek immediate treatment for your injuries and hold on to your medical records as these could be used as evidence when you later claim for damages and medical reimbursement.
In case you decide to pursue legal action, a slip and fall accident lawyer is most qualified to assist you in your injury case. Apart from assessing your claim’s value, they can help you obtain additional evidence such as witness testimony and possible surveillance video that can establish the owner’s negligence and lack of repairs that eventually caused the accident. They can also represent your best interests during insurance negotiations.
However, not all slip and fall accidents would warrant legal action. Civil court systems or insurance companies require proof of negligence on the property manager or store owner’s part. If your injury resulted from hazardous conditions, then a premises liability claim is possible.
The property manager or owner’s failure to ensure the premises’ safety will give you the right to take legal action or file a compensation claim. The following conditions may help you establish negligence:
- Unsafe Conditions – Unmaintained structures, accumulated precipitation, cracked sidewalks, and wet floors are examples of hazardous conditions on a property. The property owner is duty-bound to keep invitees and visitors safe and shouldn’t ignore this responsibility.
- The Owner Of The Property Knew About The Hazard’s Existence – You have the right to file a compensation claim or take legal action if the property owner involved in your case knew about the hazards and still didn’t act on it.
- The Property Owner Didn’t Warn Invitees And Visitors About The Hazard – Poorly placed signs or failure to put warning signs at all about the hazardous condition that caused you to hurt yourself may constitute negligence on the owner’s part. In this case, you can take legal action to receive fair compensation for the injuries you sustained.
- Workplace Injury
Employers are obliged to maintain a safe and hazard-free workplace for all their employees. This is required by law. However, work-related accidents can still happen, primarily due to irresponsible personnel or faulty equipment. Electrical cords, defective equipment, and improperly used cleaning objects can cause slips, trips, and falls that result in twisted ankles, broken bones, and sprained wrists.
Workplace injuries can also come from prolonged stress due to day-to-day routines in the workplace. Carpal tunnel syndrome, neck and back pain, and even eye strain can impede office staff from doing their tasks efficiently. Incorrect sitting positions and constant lifting of heavy objects can cause factory workers to sustain back injuries over time.
You may avail of medical and wage benefits when you sustain injuries and medical conditions because of work. You can also demand back wages if you missed work due to your injuries. Your employer should pay for medical and wage reimbursements, especially if there were lapses in their health and safety protocols that exposed you to risky accidents and situations.
- Construction And Road-Related Accidents
Imagine confidently driving along a route that you take almost every day but suddenly, you find yourself stuck in the middle of the road due to ongoing road construction. You’re then met with construction workers and a wall of cones instead of a spacious third lane that you’re used to seeing. So, instead of going straight, you swerve right and hit another vehicle’s side.
Road construction negligence can be in the form of confusing or unsafe detours, lack of proper warning signs, loose rubble or gravel, potholes or trenches, and even poorly designed roadways. A construction firm could be legally responsible for these accidents if it is found that their workers failed to implement proper safety precautions for motorists that frequent the area.
So, if you sustained injuries after being involved in an accident that resulted from confusing detours or improper signage, you can take legal action or file a compensation claim against the construction company or the government agency which was tasked to implement the road work. It’s imperative to speak with a personal injury attorney right away to build your case.
Conclusion
Slip and fall accidents in residential or commercial establishments, workplace injury, road construction zone accidents, and other personal injury cases can all change the course and quality of life of an individual. It may immediately lead to broken bones and torn muscles, and can even result in permanent disability. Personal injuries can even result in economic burdens due to medical expenses and the loss of income and employment opportunities.
If you want to take legal action or make an injury claim, you usually need to prove the negligence on the part of the organization or person that you’re claiming against. However, keep in mind that it can be tricky to figure out if there’s sufficient evidence to take legal action on a personal injury, especially if you don’t know the type of evidence needed. In these cases, seeking advice from a reliable, experienced personal injury lawyer is your best bet.