How to Get a Million Dollars in Your Slip and Fall Case

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                                  How to Get a Million Dollars in Your Slip and Fall Case
                                                  By Arnold Hernandez



   When you slip and fall you have not hit the lottery. It takes more than falling in a public place to get
the big pay off. You probably have heard the story about the thief that got trapped in the garage and
lived on nothing, but dog food. After he was rescued he sued the home owner and got a multi million
dollar settlement.

 These myths are common, and I am of the opinion that they are fabricated by big business and
insurance companies. For years stories like these have been popping out, and people believe them
without questioning them. When there is an actually injury the public likewise thinks there was no injury
and that it is just another frivolous lawsuit. Big settlements and jury verdicts are a result of very severe
injuries caused by person's failure to act reasonably.

 Some people are excited to be involved in some sort of an injury causing event they think they have
won the lottery. They often call attorneys and are in total shock to find that an attorney will not state
what the value of the case is and that in most instances the attorney will not accept the case to begin
with. Contrary to popular belief the vast majority of lawyers only accept cases with merit. Occasionally
attorneys accept cases that are marginal, but it is usually because they erred in their judgment or
somehow the case got through. What usually happens is that the attorney withdraws from the case and
the case never makes it to trial.

 To prove a case there are generally three to four factors. The plaintiff has to prove the defendant did
something wrong. The standard is what a reasonable person would do in that specific situation.
Sometimes the standard of care is set by statute sometimes it is set by case law and sometimes by
other means. For example driving 55 in front of a school zone would be considered unreasonable and
therefore the driver did something wrong.

 The second factor is that there a connection between the conduct of the wrongdoer and the injured
person. If the driver is driving 55 and you fall on the wet school floor, then there is no connection. The
third factor is that you have to suffer injury, it could be economic injury or physical injury or
psychological injury or a combination of these. Once again there has to be a connection between the
injury and the wrongful conduct. Last you have to prove the severity of the injury. Hurt feelings are
usually not compensable. Occasionally you will see what are called nominal awards, where the plaintiff
is awarded $1 to show that he won.


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 So how do you get a million dollars on a slip and fall case ? You have prove the defendant did
something wrong, that the conduct or omission caused you injury, you have to prove the injury, and the
defendant actually has to be able to pay.

 To get a million dollars on a slip and fall case you would need to prove that the defendant did
something wrong. If you fell at a supermarket for example, you have to show that the store operator did
something wrong. It is not enough to say there was spilled milk and you fell on the spilled milk. You
have to prove the milk had been in the floor a very long time.

 Usually slip and fall accidents occur because of another customer's negligence, such as when they
spill liquids or food products that lead to injury to another customer. The store operator usually has set
schedules where the store is swept or mopped with regularity. If you can in fact prove the milk had
been on the floor for say four hours, you then have to show you were injured. The standard of proof for
these cases is high and proving these claims is difficult. In most cases there are no witnesses and
when they are video cameras, the tapes are mysteriously unavailable.

 Assuming you can prove that the store operator did something wrong, you then you have to prove the
injury was very severe. If you are paralyzed from the shoulders down you now have a million dollar
case. This of course does not mean you will get a million dollar award. There is still the issue of ability
to pay. Your corner liquor store is not likely to have a million dollars or a million dollars of insurance
coverage.

Speak to a San Diego personal injury attorney for free at
http://www.bestsandiegopersonalinjuryattorney.com




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                                  Becoming Involved In A Slip, Trip Or Fall Accident
                                                              By Helen Cox



A slip, trip or fall can happen almost anywhere if there is a wet/slippery surface, uneven flooring or if
there are any obstructions on the floor surface. Some of the main reasons that slip, trip or fall accidents
occur include the following:

 Slip trips or falls on uneven roads and pavements are usually the responsibility of the Local Council as
it is their duty to maintain roads and pavements

Shops have the responsibility to ensure that their floors are keep free from any spillage or obstructions
which could cause a slip or trip.

 Sports centres also have to ensure that customers are safe and free from any spills and hazardous
objects.

 Public and private places, which include homes are the responsibility of the occupier which means
they have a duty to ensure that any visitors are safe.

 Work places also have the duty to ensure they maintain heath and safety so their workings are free
from any slip trips or falls.

 Slip, trip or fall accidents can often seem insignificant when in fact they are often the cause of many
serious injuries such as broken and fractured bones, back problems, dislocated shoulders or knees as
well as head injury. Any of these could result in you being out of work and losing part of your
independence. If you are unfortunate enough to suffer from a slip, trip or fall then it is important that
you visit your doctors as soon as you can so that your injuries are documented and you have proof that
your injuries are linked to your slip, trip or fall. Also if your slip, trip or fall was caused by a defect that
should have been present then you could be entitled to make a claim for compensation.

 When we are involved in slip, trip or fall accident, sadly our natural instinct is to move away from the
scene as quickly as we can when in fact what we should be doing is staying at the scene to gather
some basic evidence such as taking photographs, writing down names and contact details of
witnesses. Also if the accident happened in the workplace or in a public place you must report the
accident to the manager so that it gets placed in the accident book.

 Sadly many people have abused the idea of claiming for compensation after a slip, trip or fall accident
meaning that councils in particular couldn’t cope with the amount of people who were attempting to
claim for compensation after slip, trip or fall accidents; however in recent times strict guidelines have
now been introduced to stop fake compensation claims from being processed. These guidelines, for
example are if you do trip over a broken paving slab the council may not be liable if the lip of the crack
is under a certain height. Also if the slab was only broken within a specific time period such as the
previous 48 hours and you tripped on it, the council could not be expected to have known.

 If you have suffered a slip, trip or fall that should have been avoided then it is important that you speak
to a professional lawyer/solicitor about whether or not you are able to put a claim in for compensation.



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Helen is the web master of http://www.accidentconsult.com/about.php Accident Consult, specialists in
all aspects of
http://www.accidentconsult.com/articles/showarticles/AccidentTypes/1/Accidenttypes.html Slip, Trip
and Fall Accident Claims.




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Related eBooks:

Becoming Involved In A Slip, Trip Or Fall Accident
Cause of Slip-and-Fall Injuries
Elderly Rights For Slips and Falls
When is a Slip and Fall Injury Considered a City Problem?
Slip, Trip or Fall in a Public Place? What to do Next

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