Questions for a slip and fall lawyer Des Moines IA residents have trusted for years? Email or call 515-495-6316 for a free consultation.
Whether at a shopping mall, hotel, hospital, restaurant, grocery store or elsewhere in Des Moines, Iowa, slip and fall / trip and fall injuries will happen.
Injuries from slip and fall cases range from soft-tissue up to, and including, death. These risks are heightened for the elderly. In fact, according to a study done by the National Safety Council, falls are the leading cause of injury-related death for people age sixty-five and up. The same study notes that nearly 30,000 people died from falls in a recent year and most of them were over 65 years of age. The NSC also reports that a frequent cause of brain injuries is falling.
Furthermore, the Centers for Disease Control and Prevention notes:
• Approximately thirty percent of people age 65 and older fall on an annual basis
• Just over two-million people are treated at hospitals for slip and fall related injuries each year
• Of those two-million, approximately thirty percent require admission to the hospital
• In addition to brain injuries, perhaps the most common fall related injury is a broken hip with hospitals seeing in excess of two-hundred thousand per year.
Regardless of how “slip and fall” cases are portrayed in society, the statistics above prove they are serious matters that can, and do, result in serious injury. Sadly, the media and other social commentators frequently choose to poke fun at the victims and circumstances surrounding slip and fall cases. Clearly, society would be much better served if safety were the focal point of these pundits rather than humor. That all said, slip and fall as well as trip and fall cases will always be with us.
The causes of slip and fall and trip and fall injuries are many but, frequently, if boiled down to a common denominator, the cause is often the negligence of a landowner. The following bullet-points lay out some of the more common sources of slip and fall / trip and fall cases we have handled. This list is, of course, not all inclusive and you should contact one of our experienced slip and fall lawyer Des Moines IA trusts if you have been injured from a slip and fall or trip and fall incident.
Common Causes of Slip and Fall and Trip and Fall Cases
• Broken sidewalks and pavement
• Poor maintenance of snow and ice
• Foreign substances that are left on the ground
• Unmarked cables and wiring running across a floor
• Hidden defects in flooring material such as ripped carpet
Defenses to Slip and Fall Cases
It is important to note that just because you tripped and fell and were injured does not necessarily mean that you are entitled to money. In order to recover damages (money), there must be a party who was negligent which, in turn, caused your fall.
By way of example, if you tripped over your own two feet, there was no other negligent party and there is no recovery to be made. However, it is always best to contact one of our Des Moines personal injury attorneys and explain your situation to him or her because an experienced slip and fall lawyer Des Moines IA can rely on will often be able to identify negligence when, to the untrained eye, there appears to be none.
Even when there clearly is a negligent party, that does not mean that individual (or their insurance company) will simply pay you for your losses. You still have to prove all the elements of negligence as well as the extent of your loss.
Additionally, the element of “duty” (a required element of negligence) varies depending on your relationship with the landowner. For example, a landowner often has differing degrees of duty depending on whether the injured person is a trespasser, an invitee, or a licensee.
Furthermore, landowners are not the absolute insurers of the public’s safety and there is a presumption that people will look where they are stepping.
Another consideration when dealing with slip and fall / trip and fall cases in Des Moines, Iowa is where the incident occurred relative to the facility. For example, a plaintiff who slips on ice is more likely to make a financial recovery if the ice is nearer the doors as opposed to out in the middle of the parking lot.
Still another issue that has to be dealt with in slip and fall cases is timing. In analyzing a slip and fall, one of the many questions that must be addressed is whether or not the landowner, operator, manager, or other similarly situated person knew, or had reason to know, of the hazard that caused the slip. As can be imagined, there can be a vast difference in terms of recovery between someone slipping on something that had been on the floor for ten seconds versus someone slipping on something that had been present for an hour or more.
More Than One Cause of Slip and Fall Cases
When dealing with slip and fall cases in Des Moines, Iowa, it is important to remember that there may be more than one type of claim that can be made on your behalf. For example, attorney Chris Johnston recently resolved a trip and fall case in which his client stumbled in a pothole in the parking lot of a major retailer.
In addition to making a claim for negligence for the broken pavement, Mr. Johnston also included a claim for negligence for insufficient parking lot lighting. Had it not been for this second claim, it appeared unlikely that the retailer would have paid for his client’s losses.
Slip and Fall Lawyer Des Moines IA: Contact Us!
A list of the different types of falls and defenses could easily go on for pages. Even with the brief examples herein, it should be clear that slip and fall cases can be quite complicated.
Fortunately, our personal injury attorneys have successfully handled many slip and fall / trip and fall cases and will happily provide you with a free consultation at which time they will work through the facts of your particular case and advise you on your options. Call today at 515-495-6316 or EMAIL.
Slip and Fall Lawyer Des Moines IA
If you are in need of a slip and fall lawyer Des Moines IA prefers, Law Group of Iowa is a law office the citizens of Iowa have trusted for years. Our firm has two objectives we aim for with each of our cases, which are to protect your rights and help you receive the full compensation you deserve.
We work around the clock to gather the facts, assess the damage, and use our determination and experience as a Des Moines slip and fall lawyer to help you try to win your case and bring justice to whom it is owed. We have two strong minded attorneys to choose from and a legal assistant to aid you along the way.
- Christopher Johnston – Attorney at Law
- Christopher Martineau – Attorney at Law
- David Boeke – Legal Assistant
Our firm provides you with a slip and fall lawyer Des Moines IA trusts. We understand a slip and fall accident can completely turn your life around. In some instances the injuries are not severe and the individual recovers in just a few days. For some individuals though, the outcome can be catastrophic. From a broken limb, to a brain injury, let alone paralysis. No injury, no matter how severe it may be, can be ruled out from this type of accident. If you have been a victim of an accident like this, call a slip and fall lawyer in Des Moines IA today.
Slip and Fall Accidents
Slip and fall accidents can be tough to prove. Sometimes it is not entirely clear if the owner of the building or property is to blame or if the individual was just unaware of their surroundings and the accident could have been prevented. If you think your accident could have been prevented, you should contact a slip and fall lawyer Des Moines IA citizens can call on, such as Law Group of Iowa.
When you are trying to figure out if your accident could have been prevented, there are a few things you may have to prove for it to become a legal case.
- The owner of the property or fellow employees knew about the condition,
but did not fix it; - The wet floor, crack, etc. was caused by the property owner or his/her employees; or
- The owner should have known about the dangerous condition due to walking around his or her property, hearing about the complaint from other people, or talking to other individuals that live or work at that property.
Compensation You Deserve
A Des Moines slip and fall lawyer from Law Group of Iowa may help you get compensation for your injury costs. By law, when a property owner is found liable for someone’s slip and fall accident, they could be held responsible for the damages. However, many slip and fall cases require a seasoned attorney to represent the victim because of the potential for legal complications. Negligence must be proved before the victim can collect damages. Your attorney may have to establish the following:
- The owner of the property where the accident occurred had a duty to provide a reasonable level of care. This means that he or she has a responsibility to make sure that anyone using or traveling on the property can do so safely. This is true whether you live there, are visiting, are passing through, or are even trespassing.
- The property owner failed to fulfill their responsibility to provide that level of care. As an example, he or she may have been aware that a staircase step was damaged and therefore dangerous but did not fix it. It will be up to your slip and fall lawyer Des Moines IA injury victims recommend to prove that the owner ignored the hazard. Your Law Group of Iowa attorney may include statements from tenants and visitors who had notified the property owner of the issues. In addition, it may be necessary to prove that the property owner understood that a slip and fall injury was likely.
- Because the property owner did not address the problem, you slipped and fell as a result. Continuing with the staircase example, perhaps you slipped on the broken step and subsequently fell. A slip and fall lawyer Des Moines IA provides may recreate your accident to prove how it happened and to prove why the property owner is liable.
- The slip and fall accident resulted in you getting seriously injured. A slip and fall lawyer Des Moines IA community members trust will document your injuries and your resulting damages. Serious injuries often require extended physical rehabilitation. Those costs could be included in your claim or lawsuit.
Common Causes of Slip and Fall Accidents
As a Des Moines, IA slip and fall lawyer can confirm, slip and fall accidents can occur in many different settings and often land people in the hospital. At Law Group of Iowa, we have represented many slip and fall accident victims and are here to assist you. Here are the most common causes of slip and fall accidents.
- Liquid spills. A large percentage of slip and fall accidents occur due to liquid spills. Whether it’s a milk spill at a grocery store or water spill in someone’s house, people who walk over these liquid spills can easily fall and get hurt. It’s up to the property manager/owner to ensure these spills are cleaned up in a timely manner.
- Broken handrails. Many people depend on handrails when going up stairs in apartment buildings, hotels and shopping centers. If these handrails are broken, however, people may lose balance and fall. Property managers/owners are responsible for making sure their handrails are in good working order.
- Clutter. Whether it’s boxes or exposed cords, clutter on the floor can create a tripping hazard. If people aren’t paying attention and walk over these objects, they can easily trip and fall.
- Poor lighting. When it gets dark, people need adequate lighting to see where they are going. Surfaces that might not present a hazard during daylight could be dangerous in the dark. As a Des Moines slip and fall lawyer can attest, property owners must ensure that walking areas are properly light.
- Snow and ice on sidewalks. During the winter months, snow and ice is bound to accumulate on sidewalks. Unfortunately, they can make sidewalks extra slippery, putting people at risk for slip and fall accidents. To prevent this, property owners should regularly clear away snow and put salt on ice.
Common Slip and Fall Accident Injuries
People who suffer slip and fall accidents can sustain various injuries, ranging from mild to severe. Here are the most common slip and fall accident injuries.
- Head injuries. A slip and fall accident can cause a head injury if a person falls on his or her head. Head injuries can be very serious and change someone’s life forever. Those who sustain head injuries may sustain long-term cognitive behavioral and physical changes.
- Broken bones. The sheer force of a slip and fall accident can cause victims to break bones in several areas of their body, including the arms, legs and hips. Broken bones cause a lot of pain and limit mobility. In severe cases, broken bones may require surgery.
- Spinal cord injuries. During a slip and fall accident, the spinal cord can also sustain damage. Spinal cord injuries can result in permanent paralysis, which can make it difficult to live on your own.
If you want to file an injury claim after suffering a slip and fall accident, you may want to schedule a consultation with a Des Moines slip and fall lawyer from Law Group of Iowa.
5 Tactics Insurance Companies Use to Avoid Paying Following a Slip and Fall
When you file a personal injury claim with an insurance company, you expect fair compensation for your damages, which a Des Moines IA slip and fall lawyer can help with. However, insurance companies are profit-driven entities that often employ tactics to minimize their payouts. It’s crucial to be aware of these tactics to protect your rights and ensure you receive the compensation you deserve. Let’s explore five tactics insurance companies commonly use to avoid paying following a personal injury.
1. Delaying the Claims Process
Insurance companies may intentionally delay the claims process to frustrate claimants and discourage them from pursuing their case. They may request unnecessary documentation, conduct lengthy investigations, or simply drag their feet in responding to your claim. These delays can put financial strain on you, especially if you’re facing mounting medical bills and lost wages. Always stay persistent and do your best to document everything that happens during any encounters.
2. Offering a Low-Ball Settlement
Insurance companies often make initial settlement offers that are far below the actual value of your claim. They may downplay the severity of your injuries, dispute the causation of the accident, or undervalue your pain and suffering. It can be tempting to accept any offer available, especially when dealing with mounting debt, but doing so can you cause you financial strain in the near future. It’s advisable to consult with a personal injury attorney who can accurately assess the value of your claim and negotiate on your behalf.
3. Blaming Pre-Existing Conditions
For people with pre-existing conditions, the insurance company may try to shift the blame to a prior condition, which a Des Moines slip and fall lawyer can help prevent. The insurance company may argue that your injuries are not a result of the accident but rather a result of your pre-existing conditions. This tactic aims to diminish their liability and reduce the amount they have to pay. It’s important to provide complete medical records and documentation to counter any unfounded assertions about your pre-existing conditions.
4. Disputing Liability
Insurance companies may often find ways to try to shift liability completely onto your shoulders. They may argue that you were partially or wholly at fault for the incident, which can significantly reduce or even eliminate your claim’s value. It’s essential to gather evidence, such as accident reports, witness statements, and photographs, to establish liability and counter any attempts to shift blame onto you. Having a skilled personal injury attorney by your side can greatly help in building a strong case and establishing liability.
5. Surveillance and Social Media Monitoring
Insurance companies may hire private investigators to conduct surveillance on claimants. They may also monitor claimants’ social media accounts to find evidence that contradicts the severity of their injuries or claims. Be cautious about what you post on social media and refrain from discussing your case or posting pictures that could be misinterpreted. Insurance companies can use social media posts or pictures to try and find ways to contradict your accident or your injuries.
Dealing with insurance companies can be challenging, but being aware of their tactics can help you navigate the claims process more effectively. It’s crucial to gather as much evidence as possible, maintain thorough documentation, and consult with a personal injury attorney who can protect your interests and negotiate on your behalf. Remember, insurance companies are primarily focused on their bottom line, so it’s important to have an advocate who will fight for your rights and ensure you receive fair compensation for your injuries and damages. When you need a Des Moines slip and fall lawyer, let our Law Group of Iowa team help!
Choose Law Group of Iowa
A slip and fall lawyer Des Moines IA provides can ultimately decide if your case is worth pursuing and if it is a factual slip and fall accident and someone else is at blame. If you are unsure if your case is worth the legal battle, contact one of our attorneys today. We understand the injuries an accident of this nature can bring, and we want to help you fight this fight and receive the compensation you deserve. Our years of experience combined with our passion for this field of work are just a few reasons why you should contact Law Group of Iowa for a slip and fall lawyer Des Moines IA trusts.
If you are the victim of a slip and fall accident that resulted in a serious injury, contact Law Group of Iowa without delay. It may be important that a lawyer begins working on your case before the statute of limitations runs out. Call us to make an appointment with a slip and fall lawyer Des Moines IA offers.
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