CORONAVIRUS UPDATE: What We Are Doing to Protect Our Clients

Articles Tagged with slip and fall

One of the important factors in any personal injury claim is determine “liability,” or responsibility for the injury. Typically, personal injury claims will involve situations in which one person was negligent, and that negligence establishes that person’s liability for the injuries caused to other people in the incident. Often, that negligence is crystal clear. If one car is stopped waiting at a red light and is suddenly rear-ended by a second vehicle, the driver of that second vehicle will almost always be the person found “negligent” or “at fault” for causing the collision.

header3But this isn’t always the case. Imagine, for example, a driver preparing to enter a roadway from a parking lot — there appears to be an opening in traffic for him to safely enter, but as he drives forward he collides with another vehicle that was speeding down the road. In this situation, the driver entering the road should have taken more time to observe traffic to be certain it was safe to move forward, but the speeding driver should also have been operating his vehicle within the speed limit.

Proving Liability

An important factor in any personal injury claim is proving “liability” — showing who caused an injury and how that happened. In some types of claims, proving liability is fairly straightforward. For example, if a motorist is stopped at a red light and is injured when hit from behind by another driver, it’s relatively obvious who caused the injury and how they did it. In other situations, however, this can be much more challenging. Slip-and-fall and trip-and-fall injury claims are often much more difficult situations in which to prove liability and show how a “defective condition” of some sort caused the incident. One difficulty is in understanding how and why the injured person ended up in a situation where the defect caused him or her to slip or trip. This is where the element of human factors in personal injury claims becomes very important.Short_Leg_Walking_Cast

There are many cases of traumatic brain injury in the US. In fact, there are more than 1.5 million traumatic brain injuries prevalent in the US and about 1.2 million ER visits, 290,000 hospitalizations and at least 50,000 deaths due to this devastating disease. Most traumatic brain injuries occur secondary to falls and motor vehicle injuries. These types of injuries occur when there is an external force on the brain causing brain dysfunction.

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A violent blow to the head is the main cause of these types of injuries. It can also be caused by penetrating trauma, such as with a bullet or shrapnel. Brain injury types can be mild, moderate or severe. Fortunately there are many more mild injuries than severe injuries. Traumatic injuries to the brain can have a wide range of psychological and physical effects. Patients can have symptoms immediately after the injury or delayed symptoms.

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