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Winning Slip and Fall Cases and Identify Case Weaknesses in Arizona

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Missed work, pain, trips to expensive specialists, x-rays and other tests can become the new normal for someone after a slip and fall. If you or a loved one has experienced an unexpected fall, it will not be long before bills begin to pile up. You might be thinking of pursuing a personal injury lawsuit against the property owner. Proving the owner is to blame for your accident is at the crux of winning a slip and fall case in Arizona. If you are weighing your options to pursue an insurance settlement award or a personal injury lawsuit, you must be fearless in evaluating and identifying your case weaknesses. In other words, what portion of your accident lies with the property owner and what portion, if any, lies with you?

Weighing the Property Owner’s Negligence

Something caused your fall. Perhaps it was an unmarked wet surface, or a flaw in the floor left uncorrected. If you are going to hold the property owner responsible you must test one of a few possibilities:

  • Did the property owner or anyone acting on behalf of the owner ignore or fail to acknowledge and address a dangerous element affecting safe conditions?
  • Should a reasonable person have noted the condition as potentially hazardous and applied a fix before an accident occurred?
  • Did the property owner cause the dangerous condition such as create a hazard in the process of another repair or haphazardly leave obstacles in the path of safety?
  • Would it be reasonable to foresee someone tripping and falling due to the condition they caused?

If these questions are answered successfully, the next question to examine is to ask who is liable and was he or she negligent?

What Potential Case Weaknesses Exist?

As in any lawsuits, there are (at least) two sides to each story. You know you are suffering because of your fall, but another question remains for you. Did you have any role in the blame of your slip and fall accident? The property owner is going to look at what happened through different eyes. He or she may argue that you are fully responsible or at least partially responsible for your accident. In Arizona, the law that applies a measuring ruler to slip and fall cases is known as “comparative negligence”. This rule separates blame and determines which percentage of blame lies with the property owner and which percentage, if any, lies with the plaintiff. In other words, if you are deemed 10% responsible by the court for the accident by not being more aware because you were looking at your phone when you fell, you would be entitled to collect 90% of the award decided in the case.

If you are wondering if you could be assigned any blame, some items considered in slip and fall cases are:

  • Were you legally permitted to be in the area where the accident occurred?
  • Was there a prudent reason for you to be in the dangerous area when you fell?
  • Was signage present or other signals to alert people of the hazard?
  • Were you doing something you should not have been when the accident occurred?

The bottom line is if the property owner’s defense can show that you likely caused your own accident by being distracted or careless, it is unlikely you will successfully win an injury claim. Testing and measuring these case weaknesses are best to be decided with the counsel of an experienced slip and fall injury lawyer who knows slip and fall cases. He or she can also help how to determine slip and fall settlement amounts as you decide your options.

A Sound Slip and Fall Case Evaluation

You are already suffering from the pain recovering from a slip and fall can cause. If you believe your case is worth pursuing, or if you aren’t certain, talk to a slip and fall injury lawyer who can help you evaluate your case and your case weaknesses. Our firm can help you with providing a sound case evaluation. With something so important, why not get expert help in making your decisions? You deserve to get the best chance of winning your case. Call our office today.

How Slip and Fall Settlements are Determined

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One minute you can be purchasing some lunch in a grocery store and the next minute you can find yourself on the ground and unable to get up. The last thing you are likely thinking as you are getting your bearings on the store’s floor is what money you can expect to receive from the store after having fallen on a wet, slippery surface. At that initial moment, whether you have an immediate injury that will heal completely or quickly, or whether you will experience months of therapy and an injury that is stubborn to heal, will not likely be determined immediately. Learning the extent of your injuries and the specific rules Arizona uses to govern such slip and fall cases should be your next move.

Rules for Slip and Fall Cases

Like other states, Arizona has rules for sorting out whether the person who fell has any liability for causing the accident. The rule is a “pure comparative fault” rule applied by the state and, it usually reduces the amount of a slip and fall insurance settlement or jury award. This rule, which can reveal slip and fall case weaknesses, outlines a comparison between the liability of both the owners of the location of the fall and the actual fall victim. Both sides will demonstrate any possibility of responsibility on both sides: The Injured and the owners of the Site of the fall.

Example of Slip and Fall Injury Case

John walks into a deli, and slips and falls on the tile floor that had just been mopped. No sign was present indicating a wet floor. John decides to file his case in court to attempt to gain compensation for his injuries. An investigation reveals evidence of the situation and the jury ultimately determines John’s total damages equal to $18,000. However, the jury also decided John was 10 percent at fault for the accident, and the deli was 90 percent responsible. John’s $18,000 reward then is reduced by 10 percent or $1,800 for the portion that he was found responsible for.

How Slip and Fall Compensation is Awarded

To arrive at your case value, add up the hard and soft costs of your injury. The most immediate costs are likely to be medical bills. As you receive treatment for your injuries, calculating these costs is objective and, in most cases, simple. All that is needed is an accounting of all medical bills related to the injuries. Next is a very subjective follow-up to medical bills, calculating the degree of pain and suffering endured. An experienced personal injury attorney can help you assess your accident, your personal limitations caused by the injuries, and how significant a hit your quality of life has experienced because of the fall. Lost income costs, past and future, also play into what your target award should be.

Slip and fall case awards in the United States total billions of dollars each year. Most slip and fall cases cost the victims an average of $30,000 but each case has its own specific facts. If you or a loved one has been hurt in a slip and fall, determining the value of your case and the extent of your injuries is a critical key in deciding if you should go to court or not. If insurance adjusters are contacting you with offers of a settlement, having your case reviewed by an experienced personal injury attorney can help you make an informed decision.

Whether your potential case is of low value, it can make a difference in your day-to-day life moving forward. Even with this information, deciding if you have a strong case or one worth pursuing can be difficult to do. Having your case reviewed by an experienced, reputable personal injury attorney can shed light on your situation, and, your future. Call our office today to schedule a consultation to get some clarity from our firm. We know how to help.

El tratamiento de mordeduras de perro

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El tratamiento de las mordeduras de perro pueden no ser algo que tienes que hacer con regularidad, pero si usted o un ser querido ha sido mordido, lo que necesita saber qué hacer. Aunque este artículo no pretende sustituir el consejo o el cuidado de un profesional médico, puede ayudar a determinar si necesita buscar tratamiento mordedura de perro, y si es o no tiene sentido ponerse en contacto con un abogado.

Cuando se trata de tratar las mordeduras de perro, lo primero que debe hacer es comprobar si la piel rota o pinchada. Si la picadura no ha roto la piel, es posible que no tenga que buscar atención médica. Si la piel se ha roto, sin embargo, es necesario evaluar la gravedad de la herida para determinar cómo debe ser tratada.

Perro Menor Bite Heridas

En situaciones en las que usted no conoce el estado de la rabia del perro, usted debe consultar a un médico de inmediato. Si la mordedura apenas rompió la piel y usted sabe que el perro fue hasta a la fecha de su vacuna contra la rabia, es probable que no necesita buscar tratamiento médico. Para estos tipos de heridas, empezar por la limpieza a fondo con agua y jabón y luego aplicar una crema antibiótica y vendaje.

Después de tratar el corte, asegúrese de mantener una estrecha vigilancia sobre él para asegurarse de que no desarrolle una infección de la mordedura de perro. Consulte a un médico de inmediato si el dolor aumenta o la zona comienza a mirar roja o inflamada, o comienza rezuma.

Grave Dog Bite Abrasiones

Si su mordedura de perro mal ha desgarrado la piel y ha creado una o varias heridas punzantes profundas, que tendrá que ver a un médico de inmediato. En primer lugar, tratar de detener la hemorragia aplicando presión directa sobre la herida con un paño o un vendaje limpio. A continuación, llame a su médico, acuda a un centro de atención de urgencia o visitar la sala de emergencias local para su evaluación y tratamiento.

Treating Dog Bites

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Treating dog bites may not be something you have to do regularly, but if you or someone you love has been bitten, you need to know what to do. While this article is not intended to replace advice or care from a medical professional, it may help you determine if you need to seek dog bite treatment and whether or not it makes sense to contact an attorney.

When it comes to treating dog bites, the first thing you should do is check for broken or punctured skin. If the bite hasn’t broken the skin, you may not need to seek any medical attention. If the skin has been broken, however, you need to evaluate the severity of the wound to determine how it should be treated.

Minor Dog Bite Wounds

In situations where you do not know the dog’s rabies status, you should consult a doctor right away. If the bite barely broke the skin and you know the dog was up-to-date on its rabies vaccination, you probably do not need to seek medical treatment. For these types of wounds, start by cleaning it thoroughly with soap and water and then apply an antibiotic cream and bandage.

After treating the cut, be sure to keep a close eye on it to make sure you don’t develop a dog bite infection. Consult a doctor immediately if the pain increases or the area begins to look red or swollen, or starts oozing.

Serious Dog Bite Abrasions

If your dog bite has badly torn the skin and created one or more deep puncture wounds, you will need to see a doctor right away. First, try to stop the bleeding by applying direct pressure to the wound with a clean cloth or bandage. Next, call your doctor, go to an urgent care facility or visit your local emergency room for evaluation and treatment.

Dog Bite Treatment

A doctor will determine if the bite damaged any tendon, nerves or even bones, and will carefully and thoroughly clean the wound. Sutures (stitches) may or may not be used depending on the location of the injury. Very deep punctures may require plastic surgery – particularly for those on the face. It’s possible that your doctor may recommend a rabies vaccine or booster and/or a course of dog bite antibiotics to prevent an infection from developing.

When to Call an Attorney

It’s common to wonder if you should talk to an attorney after a dog bite. If you have any inkling that you may have a case, you should find a reputable dog bite injury attorney. Do not try and sue the dog owner yourself, as this is not efficient and may not get you the maximum settlement. Let an attorney guide you as to whether or not you have a claim and if litigation is necessary.

Contrary to what people often think, your attorney may not “aggressively go after” the dog owner or try and have the dog euthanized right off the bat. In dog bite injury claims, it is ideal to resolve it without going to court, but your attorney should be able to advise you on the best course of action for your particular situation.

Who is at Fault in a Car Accident

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When a person is involved in a car accident, one of the first questions they consider is “Am I at-fault?” That’s an important question, because the answer could affect insurance premiums and possibly the status of their driver’s license. Determining whether it’s a “not-at-fault” accident is not a simple equation because many factors can play a role, including witness testimony, photos or video of the scene, comments made by the drivers and traffic citations issued.

Are Your at Fault in the Accident?

Not sure if yours was a no-fault car accident? Here are a few things to consider.

Were You Issued a Ticket?

If you were issued a citation for violating a traffic law, such as running a red light, making an illegal turn or speeding, chances are you will be considered at-fault for the accident.

What Are Witnesses Saying?

If there are witnesses to the accident, what is their story? Finding out what they saw can help you determine if you will be considered at-fault.

Was It a Rear-End or Left-Hand-Turn Accident?

Most of the time, the person who struck the vehicle in front of them is considered at-fault in a rear-end collision. There can be exceptions, of course, but this is a good rule of thumb. Similarly a left-hand turn accident is generally deemed the fault of the driver making that left turn, unless the other person violated a traffic law.

Did You Say Anything Incriminating at the Scene?

Sometimes in the chaos following an accident, a driver may admit guilt (directly or indirectly). Police officers are trained to pay attention to what drivers say and look for comments like “sorry I hit you!” or “I didn’t even see you there.” These types of offhand comments could help place you at fault in an accident situation.

Do You Need a Personal Injury Attorney?

Whether yours was an at-fault or no-fault car accident, if you sustained any type of bodily injury (even a minor one), you should call a car accident injury attorney right away. Some unscrupulous insurance companies will take advantage of unrepresented accident victims – talking them into very small settlements before they have a chance to consult an attorney. That’s why it’s very important that you speak with an attorney about your case and find out whether or not they can help you. A good attorney will be completely honest and tell you if you have a case or not. Then you will have all the information you need to proceed.

What to Expect From a Dog Bite Settlement

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If you’ve recently been the victim of a dog bite, you may be looking for a dog bite attorney. But what can you expect from a dog bite lawsuit and settlement?

Find an Attorney

The first step in any dog bite lawsuit is finding an experienced personal injury attorney to handle your case. Dog bite law is a combination of city, county and state law, so you’ll need help navigating this territory and understanding your rights. It’s important to find an attorney who has plenty of experience with dog bite cases and has had success winning cases similar to yours.

Evidence Gathering

Once you’ve retained a good personal injury attorney, the next step will be to gather evidence for your case. This could include your personal account of what happened as well as eyewitness accounts, any medical treatment records, photos of your injury, photos of the scene, photos of the dog, the dog’s history and vaccination records, you’re medical bills, and any other pertinent information. The attorney will need your help gathering all of this information.

Litigating Your Case

Most dog bite lawsuits never get to court. They are usually settled through negotiations between the victim and the dog owner. Typically an attorney will start with a letter to the dog owner stating your intent to file a lawsuit, the evidence you have, your medical bills and your request for financial restitution. If the owner agrees to pay your requested amount, you’re finished. If the owner refuses, the matter will have to be taken to court.

General Settlement Amounts

Dog bite lawsuit settlements can vary greatly and there are no minimum or maximum compensation laws. The settlement amount isn’t always a direct reflection of the amount of medical costs incurred. There are many things that go into the settlement calculation, including loss of work, long-term medical issues, mental anguish and other variables.

Tips for Filing a Car Accident Insurance Claim

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There is debris on the ground and the car is in shambles. Once the smoke clears, all of the real questions begin to creep in.
Was the car accident my fault? Is anyone injured? Is my car totaled? Do I need a car accident lawyer? When should I file a car accident insurance claim?

If you or a loved one has been in a car accident, consider these guidelines on when and how to file a car insurance claim.

When to File

Things get hectic after an accident. Make sure everyone in the area is safe and begin collecting any information you can about the vehicles, drivers and insurance related to the accident. Take pictures of the damage of each car and call the police to file a report. Once you are safe and out of the situation, contact an accident lawyer to help you set up your claim.

Information You Will Need

Depending on the circumstances of the incident, your car accident attorney may need additional information. At the minimum, you will probably need:

  • Information about your insurance and policy
  • Date and time of the accident
  • Names and contact information of all drivers
  • Passengers and witnesses
  • Your driver’s license and plate number
  • The police report

You may also be required to conduct a statement detailing the events that led up to the collision. Keep notes and document photos on any circumstantial factors that may have influenced the accident, such as weather or driving behaviors.

Were You Injured?

Car accident claims are vital to collisions where significant damage has been inflicted to the vehicles involved, but claims are equally as important when there has been bodily harm or permanent injury.

When injuries are involved, there is a lot at stake and chances are, the other driver will hire car accident attorneys as well. As medical payments add up, hiring a professional accident lawyer becomes increasingly important.

For more information on car accident cases and how to file an insurance claim on a car accident, contact Brad Johnson Injury Law.

Texting While Driving Causes Fatal Crashes

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Texting while driving is dangerous. So dangerous in fact, that of the fatal crashes caused by distracted drivers in 2012, sadly 3,328 people died. Mobile use is now the leading cause of death behind the wheel.

Because of this fact, Volkswagen recently produced a progressive commercial to encourage drivers not to text while driving. The goal of the ad is to help build awareness of this very well known problem by the personal injury law industry. They showed the commercial in a movie theater in Hong Kong and the message is powerful.

Also in 2012, the U.S. government estimated that 421,000 people were injured by distracted drivers. These numbers are staggering and clearly show the value in encouraging drivers not to text while driving. The government stated that 10% of drivers under the age of 20 involved in fatal crashes were reported as distracted at the time of the crash. On average, one text causes the person to look away from the road for five seconds. Therefore, if you’re driving at 55 mph that’s like driving the length of a football field blindfolded.

Statistics also show that at any given moment in America, about 660,000 drivers are using cell phones and just reaching from a phone or other device increases the risk of getting into a crash by three times.

Keep Your Eyes On The Road To Avoid Fatal Crashes

Here at Brad Johnson Injury Law Personal Injury Law, we understand the emotional and financial damage a car accident can do, let alone if they are fatal crashes. Our firm has committed to putting our phones away when getting behind the wheel. We strongly encourage you to as well for your safety and the safety of others. If you, a family member or a friend have ever been injured by driver texting, please don’t hesitate to call us for free advice.

Where to Obtain Loaner Medical Equipment after a Crash

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“Wow, I wish I knew about this when I was recuperating from my accident.”

The Southwest Lending Closet is one of those resources, when you learn what they do, you’ll be saying just that.
Simply put, they loan medical equipment free of charge to people in need. Things like wheelchairs, walkers, shower chairs, crutches, canes; many of the things people need for a short time after they’ve been injured.

Like 65-year-old Virginia of Avondale who needed a wheelchair and several other items after a foot injury: medical supplies she couldn’t afford. Southwest Lending Closet loaned her what she needed at no cost.

Many people borrow from their neighbors and family. Some must rent or buy equipment, not knowing if they’ll get reimbursed by their insurance company.

Without the Avondale nonprofit’s help, Virginia would’ve had to rent or buy. But she didn’t run out of luck. Thanks to Southwest Lending Closet, Virginia got what she needed for free. Like so many other Arizonians in need.

Our donation this month is helping this 14-year-old nonprofit buy equipment and expand their service. In 2013 almost 5000 people borrowed equipment at no charge, saving almost $450,000 in equipment rental costs. That’s almost a third more people than they were able to help the year before.

The way the organization works is simple. They will loan anyone in need (no qualifying) any of the equipment they have for up to 90 days free of charge.  The only thing they ask is that you pick it up and return it, as they cannot deliver.

Do you know someone in need?

The Southwest Lending Closet is located at 218 N. Central Avenue in Avondale and is open Monday through Saturday. Please call 623-932-1016 before visiting, as their hours are limited and inventory changes daily. Or visit their website: www.southwestlendingcloset.org

Do you want to get involved?

They are completely staffed by volunteers and are always in need of people’s time. You can also donate money and items: www.southwestlendingcloset.org/Volunteer___Donate

Do you have a favorite charity you want us to support?

Tell us about them by leaving a comment below. Make sure you give us contact information and tell us why

The Ryan House: Charity for Children in Need

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A catastrophic, permanent injury or condition is a tragedy for a child, AND for the other members of their family. Supporting the many people affected by just one accident is the focus for February.

Our February donation goes to Ryan House, a local Arizona charity that helps children with life-threatening conditions AND their families. Ryan House provides respite, palliative and end-of-life care for those families with a child 16 years or younger, diagnosed with a life-threatening condition and who could benefit from an overnight short-term respite stay. Like the Claytons (not their real names, but their story is true).

Their 3-year-old Annalise and 5-year-old Bryce have a rare form of Leukodystrophy, an incurable neurological disorder. Tammy and John Clayton had to quickly adjust their lives to manage their children’s’ conditions with 24/7 care while still raising their three older children- Spencer, 8, Jacob, 10, and William, 11.
A stay at Ryan House gives the Claytons a chance to share time as a family without having to worry about giving medicine or preparing special foods.

“The Care Team takes over Bryce and Annalise’s care,” Tammy said, “I can spend time snuggling and playing with them as a mom instead of caregiver. Ryan House has also helped our older boys realize they are not alone in having siblings with special needs. John and I have also become very close friends with some of the other parents that we have met.” Annalise loves the playground and the fact that she is able to go up on it in her walker all by herself. Bryce loves to be outside and chase his brothers as they ride the power cars around the playground. They both love the dogs that come to visit, the pool and the sensory room.”

Join us in supporting Ryan House

This month we’re supporting Ryan House’s one-on-one activities for siblings. Activities include hydrotherapy and therapeutic play guided by a Child Life Specialist, even things as simple as tickets to an event or activity. Simply put, we’re helping Ryan House provide much needed support and attention for the siblings; the “forgotten mourners”.

Do you know someone in need?

Families are never charged a fee to utilize the services available. Each child is looked at individually for their unique needs and qualifications. Families may be asked to provide a medical history and a physical by the child’s Primary Care Physician. To learn more about qualifications, contact: 602-200-0767 or info@ryanhouse.org

What you can do

You can support Ryan House with your money, your time and even in-kind items (from C batteries to pantry items and paper goods).
Contact: 602-200-0767 or www.ryanhouse.org/donations-support/volunteer

Do you have a favorite event or organization you want us to support?

Nominate a local Arizona 501(C3) organization or church doing good in Maricopa County. Give us information below by leaving a comment. Include a contact name and phone, along with why you feel we should lend support.

Let’s do more together! With your help, we can!!