A premise owner, or the owner of a property, is liable for all maintenance and security that the property requires in order to be a safe place for visitors. Premise owners can be business owners, farm owners, homeowners, construction site owners, land owners, etc., and they have to maintain and secure their properties to avoid injury, workplace accidents, and premise liability lawsuits. Maintenance of these properties include:
making sure walkways are free of cracks or gaps as well as ice so someone doesn’t slip and fall
making sure gathering areas are safe
making sure driveways are well-paved and plowed as well as well-lit
making sure any hazardous tools, equipment or areas are well-fenced or stored in areas where they can’t cause harm
making sure employees can conduct their work without risking injury
Premise owners are also responsible for security, which includes:
installing a fence to keep children, pets and adults out of private or dangerous areas
hanging flood lights in low visibility areas
employing security guards (if the premise owner has a lot of visitors and there is an apparent need for extra security of people and property)
posting warning signs when there are hazardous areas
Even if you don’t have regular visitors or employees, you are responsible for the safety of the mail delivery person and everyone else who might enter your property, sometimes even if that person trespasses. For example, the attractive nuisance law states that the premise owner is liable for any injury, despite whether that person trespassed, if the injury was caused by negligence on the part of the premise owner. In the case of attractive nuisance, negligence means the premise owner knew that there was the possibility that someone (particularly a child) might get hurt on the property, yet did nothing about it. This happens when children wander onto construction sites, play on farm equipment, or jump into someone’s swimming pool.
If the premise owner takes all the necessary precautions to ensure the safety of visitors and employees, he or she is less likely to experience a premise liability case. However, if you are involved in premise liability, you should contact a personal injury attorney to discuss your options.
Kids love to run, jump, climb and swing. In all their excitement, they often fall and scrape their knees and hands or get a couple of bruises. Sometimes, injuries are worse. Falls from heights can lead to brain injury and paralysis. Making sure your child’s playgrounds are as safe as possible and teaching your children basic safety rules are the first steps toward preventing more serious injury. Playgrounds are everywhere; they are designed and constructed by playground builders for schools, parks and community areas, and they are found in backyards on every street. Playgrounds aren’t just swing sets and slides, however. Children can make playgrounds out of just about any type of area that catches the eye. First and foremost, talk to your children about how to play safely. This includes:
staying within sight or earshot of a parent, teacher or caregiver
always asking permission before playing on someone’s property
not climbing higher than their own height (a 3’ child should not be allowed to climb higher than 3’)
wearing appropriate safety gear (a helmet when skateboarding, for example)
not hitting, punching or otherwise playing rough with any other children
waiting their turn while on a playground
coming inside when lightning is present
avoiding any sick, injured or strange animals
not talking to strangers and leaving immediately if they approach you
If your child plays on a playground at a school, park or friend’s house, inspect it for any damage, wear, rust, splinters or other harmful problems. Also, make sure the playground is age-appropriate for your child. For example, a 4-year-old shouldn’t be climbing very high or swinging on swings without a safety seat. Also, ask what kind of supervision will be available for your child. If the parent or supervisor plans to stay indoors and leave the children to play alone, consider the risks before agreeing to leave your child. Know about other potential playgrounds in your neighborhood that weren’t developed for play. For example, be aware of any vacant mines, farms, tunnels and construction sites that might attract children. Talk to your children about each and every place, and explain the risks and establish rules. Also, talk to the owners of those properties about fencing them and posting warning signs. Under attractive nuisance law, owners of properties where children might be attracted and might get hurt are often responsible for any injuries, even if the children trespassed.
People file personal injury claims with the help of lawyers after being injured. Personal injury claims help recover medical expenses and other costs. It is important to file personal injury claims as quickly after the injury occurs as possible in order to properly document your injury, meet all legal timelines and recover damages sooner.
A personal injury is any type of injury you receive to your person. This means that property is not included, but emotional, mental, psychological, physical and defamation damage (injury to your reputation) is included. Personal injuries happen for many reasons, including car accidents, assaults, abuse, slips and falls, workplace injuries, false and libelous publications and medical mistakes.
Many people do not realize they can seek legal help for their injuries. You do not have the ability to file a personal injury claim only if the injury was caused by your own behavior or actions. If it was because of someone else’s inappropriate actions, negligence, faulty product, etc., you have good reason to file a claim. If you are still unsure whether or not you should file a claim, remember that most attorneys will assess your case at no cost, and will not require any money up front. Injuries can cost thousands of dollars, and when you consider the expenses, factor in:
immediate medical expenses
emergency costs
future medical treatment
rehabilitation costs
cost of supplies, medicine, etc.
lost wages
future lost earnings
in case of death, funeral and burial expenses
When injuries happen because of someone else’s negligence or actions, these expenses might not be your responsibility. For example, if your child is injured on someone else’s property because that person failed to take proper safety precautions, you could seek compensation based on “attractive nuisance” laws. If you are injured in a workplace or offshore accident, you could seek compensation under worker’s compensation or maritime laws. If you are injured because of hospital negligence or medical malpractice, you could seek compensation by filing a malpractice claim.
Attorneys can help you file personal injury claims, and they will help you follow that claim through the entire legal process. It is important to have good representation because insurance companies, doctors and other people involved with your injury will have representation as well. Your responsibilities, besides finding a personal injury attorney and filing a personal injury claim, includes:
Personal injury attorneys work for clients who have been injured, especially cases in which there is another person at fault for the injury. Personal injury attorneys assist their clients with injury documentation, representation in court or other legal proceedings, and seeking compensation for pain and suffering.
Personal injury attorneys are also known as:
injury lawyers
injury attorneys
personal injury solicitors
personal injury lawyers
If you are injured and believe someone else might be at fault, it is important to contact a personal injury attorney immediately. Your case will be stronger if the attorney can document your injury, and your attorney will make sure to file a claim in the time allowed by your state or area. Personal injuries can result in major medical expenses. Having health insurance is important, and knowing your rights is sometimes more important. When someone else is at fault for your injury, your medical expenses may not be your responsibility. Your responsibility when you are injured includes:
receiving immediate medical treatment
keeping up-to-date and accurate records of
when the injury occurred
how it occurred
the resulting injuries
the medical treatment you received
the costs involved
your healing process
Taking this information to a personal injury attorney can help you determine if someone else is responsible for your medical bills. Personal injury attorneys assist clients with every step of the personal injury legal process. This includes:
seeking appropriate medical evaluations and treatments
documenting the injury and the circumstances under which it occurred
filing a personal injury claim
filling out all necessary paperwork
interpreting all applicable laws
communicating with all other parties involved in the claim
representing the client during court and other legal proceedings
seeking compensation for pain, suffering, lost wages, future lost wages, future medical expenses, and any other expenses related to the injury
Personal injury attorneys often specialize in a few select areas. Some specialize in medical malpractice, others in car accidents, offshore injuries and certain types of cancer. Many advertise what type of law they specialize in, and law firms might have several different specialties that they handle.
Most personal injury attorneys will take your case without requiring payment until a judgment is received or a settlement is reached. Contact a few attorneys to decide who is right for you. Finding a local firm might be important if you want to meet your attorney in person, and to help cut down travel costs for court cases and hearings. Tell them about your case, and if they are interested, here are a few questions you can ask:
What is your specialty?
What kind of experience do you have with injuries like mine?
How many cases have you handled?
What was the outcome?
How do you handle payment?
What is the percentage you require from the settlement or judgment?
Pediatric malpractice occurs when healthcare personnel who work with children act unreasonably when diagnosing, treating and medicating children. “Acting unreasonably” is a legal phrase that courts focus on when determining malpractice. If a pediatrician or other hospital staff fail to act in a manner that a reasonable person would, meaning that they fail to properly care for, diagnose, treat and medicate a child’s injury in a reasonable manner, it might be a case of malpractice.
Pediatric malpractice includes:
failing to double check results even though the apparent results indicate a serious illness or complication
knowingly using faulty or malfunctioning equipment
misdiagnosing an illness even though there were other testing methods available
failing to refer the patient to a specialist
failing to provide appropriate treatment, even though the doctor was aware of the treatment
failure to follow-up
prescribing the wrong medicine
losing or swapping test results and failing to follow-up
Pediatric malpractice is dangerous because any illness or injury left undiagnosed or untreated can become more painful, more serious, and very difficult to heal.
Doctors and other hospital staff have a duty to care for children to the best of their abilities. Pediatricians make mistakes, but making mistakes because of carelessness, laziness or deliberate ignorance is very harmful to everyone involved.
Pediatric malpractice is especially devastating when the wrong cannot be corrected, as in the case of cancer, amputating the wrong limb, and permanent brain injury. If cancer is not diagnosed in the earliest stages, it can be fatal. Amputations cannot be mended, and permanent brain injury due to faulty and dangerous birthing methods or incorrect treatment is a lifelong illness that affects more than just the patient. Chronic illnesses are painful, require regular physical therapy and burden families with heavy medical expenses.
If you or a loved one is a victim of pediatric malpractice, contact a personal injury lawyer who specializes in pediatric malpractice.
People work overtime to finish work and earn extra money. However, overtime is when people are most fatigued and more likely to get injured. Also, people who work overtime often leave their workplace during evening hours when it’s dark. Having adequate security during those hours is important, especially for women.
Every type of business can offer overtime, but there are some that don’t. If your company offers overtime hours, make sure you are getting compensated for your extra time and effort. Usually, overtime hours pay time and a half or double. For example, if you normally make $10 an hour, you should get paid between $15 or $20, or more.
Also, make sure to ask if there will be anyone else in the building. Make sure you know and trust the other employees who will be working with you, especially if there won’t be a supervisor present. Also ask what kind of security systems will be in place, including alarm systems, guards and extra lights in dark parking spots. Ask if anyone will be available to walk you to your car.
Don’t be afraid to ask someone to walk you to your car. You can also request a police escort, even if it’s just a few steps to your car. Police would rather escort you than deal with solving a violent crime that involved you.
If you plan to work overtime, take extra precautions to make sure you can work safely. If you work with or around dangerous or heavy equipment, make sure you’re not drowsy. Also, make sure there are other employees there in case you’re injured. There should always be someone available who is trained in first aid, CPR and company employee safety.
Offshore injuries occur while a person is on navigable waters, usually working aboard a ship. Offshore injuries are subject to admiralty and maritime laws, and therefore are often treated differently by many insurance agencies and medical providers. Understanding these laws is important. Offshore oilrig attorneys and other maritime attorneys can help answer your questions and determine who is responsible for your medical expenses.
Offshore injuries usually occur while working on oilrigs, production platforms, lay barges, supply boats and helicopters. If a seaman receives an offshore injury, for example, the Jones Act allows that seaman to seek compensation for lost wages and medical expenses if the injury was due to an act of negligence on the part of the employer or other workers. If the seaman dies, his family may file a wrongful death suit under the Jones act, maritime law or the Death on the High Seas Act.
Examples of neglect include hiring untrained employees, buying and installing faulty equipment and not replacing faulty equipment, having slippery working surfaces and sailing or working with malfunctioning equipment.
Offshore injuries don’t only include those working at sea, however. Offshore injuries also include accidents that happen while on vacation. Pleasure boaters are subject to the same laws as large ocean vessels and people who work at sea.
Which laws apply depend upon each individual situation. Questions for an attorney to consider include:
How large was the vessel?
Were you working at sea or vacationing?
Where did the injury take place?
What is your occupation?
Who is your employer?
For example, if you work in the construction, loading or unloading of large vessels, you might be covered under the Longshoremans’ and Harbor Workers’ Compensation Act. If you work on an oilrig that is attached to the ocean floor, you might be covered under the Longshoremans’ and Harbor Workers’ Relief Act. The Jones Act covers workers who are injured on vessels that are not attached to the ocean floor. Each of these laws is extensive and sometimes difficult to understand. Finding a qualified personal injury attorney is important.
Motorcycle accident attorneys are automobile accident attorneys who specialize in motorcycle accidents. Motorcycle accidents can result in devastating injuries and extreme medical expenses, and they happen on a daily basis. Thousands of motorcycle accidents occur every year.
Motorcycle accident attorneys help with almost every aspect of the collision from filing injury claims to representing the people involved during any legal proceedings. Motorcycle accident attorneys can help recover medical expenses, motorcycle repair or replacement costs, lost wages and future medical expenses.
Here are steps to take if you are involved in a motorcycle accident:
Assess your injuries first, and stay calm.
If you are able to move and you are in a safe location, assess other people’s injuries as you call emergency services.
Even if there is only minor damage and no injuries, call the police in order to file a claim. Filing a claim is very important for insurance and legal purposes.
Call your insurance agent. Describe the accident. Take pictures. Allow the agent to talk with police.
Here’s what not to do:
Do not hesitate to call 911 if there are injuries.
Don’t leave all the work for the police. If you are able, get the vehicle descriptions, license plates, and contact information for everyone involved.
Do not discuss the accident with anyone but the police.
Do not let anyone else tell you or convince you who was at fault.
It is important to find a motorcycle accident attorney after you are involved in an accident because you need someone to look after your interests. It is often difficult to wade through insurance, medical and legal paperwork, and having someone assist you is important.
Motorcycle accident attorneys can assist you whether or not you were at fault during an accident, and their job is to help determine who is at fault if you are unsure. Also, motorcycle accident attorneys will work with insurance companies to get your medical expenses covered.
Stay safe while riding a motorcycle by always wearing a helmet, obeying all driving laws, staying within the speed limits, and using defensive driving techniques like not following too close, checking your mirrors often, and passing carefully and quickly.
Lost income is difficult whether you’re single or married with a family, and people who suffer severe injuries are the most likely victims of lost income.
Serious injuries like brain injuries, knee injuries, back injuries, heart attacks, strokes, paralysis and amputations are injuries that keep you out of work. What’s important to understand is that if income is lost because of an incident in which someone else is at fault, your medical expenses and lost wages can be recovered.
Make sure to contact a personal injury attorney to help you decide who is at fault and to answer any questions you have. Injuries that result in lost income include:
workplace injury
automobile accident
motorcycle accident
offshore injury
medical malpractice
hospital negligence
air bag failure
amusement ride accidents
part recalls
drug recalls
drunk driving accident
slip and fall
railroad accident
swimming pool accident
pleasure boat accident
toxic mold
bicycle accident
And the list goes on. The pain because of an injury is often overshadowed by the stress caused by lost income. Some people have to file bankruptcy in order to pay medical expenses, and once those have been paid, they are left with nothing. Often, medication and therapy is required for the rest of the person’s life, leaving them with a future of expensive medical bills.
If you have suffered an injury, you may be entitled to compensation. Compensation for injuries is crucial to making a proper recovery. It allows you to pay for expensive medical bills and any loss of income. It also allows you to gain closure on the accident and move on with your life. Often, you can find out if you are entitled to compensation with a free case evaluation from a qualified attorney.
Failure to seek compensation for an injury can result in any of the following:
Long-term health complications
Inability to work long-term
Financial and emotional strain on family and friends
Funeral and burial expenses (in the event of death)
What is an injury?
Injuries happen every day. Every scratch, bump, bruise, cut, broken bone, or other form of damage to the body or mind constitutes an injury. Injuries can happen purely by chance, being no one’s fault. Other injuries, however, are caused by the negligence, recklessness, or ill-intent of others.
What kind of injury is entitled to compensation?
Injuries that are the result of the negligence, recklessness, or ill-intent of another party may be entitled to compensation. Compensation is based on the financial burden, emotional distress, and any future difficulties caused by the injury. It can come in the form of cash or some other form of support.
What should I do if I have an injury?
After obtaining primary medical care, contact a legal professional. Many attorneys specialize in obtaining compensation for injury victims and will give you a free case consultation. Injury.com has a network of injury attorneys eager to talk with you about your case. Click here to tell us more about your case and get a free case evaluation.
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