A Slip and fall accident is one where a person slips, trips or falls and is injured, usually on someone else’s property. If that slip or fall is as a result of a dangerous or hazardous condition, then the person injured may be able to pursue a claim for your injuries against the homeowner, or business owner. Most slip and fall cases result from water, ice, snow, changes in flooring, poor lighting or hidden hazards.

An Overview of a Slip and Fall Case
  We all have an obligation to watch where we're going. There is no precise way to determine when someone else is legally responsible for your slip and fall accident.  Each case turns on whether the property owner acted carefully so that slipping or tripping was not likely to happen- and whether you were careless in not seeing or avoiding the thing you fell on.  With that in mind, In order for the property owner to be liable for your injuries, he or she must have known or should have known about the hazardous condition. These types of hazards may be obvious, such as a broken stair or torn and loose carpeting. They can also be temporary conditions, like water on a supermarket floor. An owner is assumed to have knowledge if the hazard is permanent in nature. For temporary conditions, the length of time the hazard existed is important. If you slip on a puddle of water in a grocery store, and the spill occurred only moments before, the store owner might not be held liable, since he or she didn’t have time to know about the hazard. If the spill was there for some time, or was in an area prone to spills, the owner could be liable.

 After the Accident. What should I do? 

• 1. Get Medical Attention. You may feel more embarrassed than hurt after a fall but you can be more hurt than you feel.  Any injury, even a minor one, causes the body to go into shock. The defense mechanisms of the human body to shock is to dull the body’s response to pain or injury. Confusion is also very common. If you are involved in a slip and fall accident, do not refuse medical treatment.  Many times, a person who is hurt in an accident claims to be all right only to find out later that they suffered a serious injury.
  

• 2. Report the Accident. After you have received medical treatment, make sure that you report the accident to the property owner.  If the property is a business, report the incident to the manager.  Fill out an accident report if available.  Provide all information necessary.  Be as clear and concise as possible. Provide only the facts as you know them. Resist the urge to apologize for the accident (for example, "I'm so clumsy", or "it probably was my fault.") Any statement you make can be used against you by insurance companies and their attorneys to defeat your claim for compensation. Don't sign any document admitting fault.  
  

• 3. Get as Much Information as Possible. Make notes of everything said to you and on all details including weather, condition of accident location, etc.  Get information on all witnesses, if any. Do not discuss the accident with the witnesses. Do not give their names to anyone but the police, your attorney or your insurance company.
  

• 4. Take Pictures. If possible, take pictures of the accident scene. The conditions of the slip and fall area can change if the owner repairs the damage or the spill is cleaned up.
  

• 5. Write Down What Happened. As soon as you are able to, write down the details of the accident. In your statement you should include the details of the accident, including date and time, and any other relevant fact. It also is a good idea to draw a diagram of the accident showing how it happened.

What should I do If I am Going to Pursue a Slip and Fall Claim?
    First, you have to keep in mind that many slip and fall cases are difficult to prove.  The property or business owner has to be shown to have know of the hazard.  The Cardenas Law Firm, P.C. can evaluate you case before you proceed.  If your case is determined to have merit, you may recover damages for your medical bills, lost income, compensation for pain and suffering and fair value for any property that was damaged.
     You should realize that the property or business owner will try to argue that you were the one at fault and responsible for your injury. Most likely they will claim you were inattentive, careless in some way.  If they can prove this, it may hurt your case and your ability to recover damages.   With that said, here's what to do it you what to pursue a case:

• 1. Contact the Cardenas Law Firm. Immediate contact my office at the CARDENAS LAW FIRM so we can began representing you and preparing your case.
  

• 2. Don’t Give Unnecessary Statements. Never submit to any request for a statement by the property owner or his or her any insurance company. You are not legally obligated to give a statement. Such a statement could later be used against you. Just refer them to the CARDENAS LAW FIRM.
  

• 3. Know What the Game Is. Remember insurance companies are big business. They do not have your best interests in mind. The adjuster's sole objective is to settle your claim for as little as possible.
  

• 4. Take Pictures of the Injuries. As soon as possible after the accident, you should photograph any visible injuries (i.e. cuts, bruises, broken bones, etc.) This will vividly record what happened. Provide me with those pictures and negatives at the CARDENAS LAW FIRM.
  

• 5. Determine Who Is To Pay for Medical Costs. Consult me at the CARDENAS LAW FIRM to determine who is responsible for payment of your medical bills. Your medical bills could be processed through the property owner's insurance company or your medical insurance policy. Be aware that some insurance policies require reimbursement of any medical expenses upon settlement of your claim.
  

• 6. Keep Records of Lost Wages. Keep accurate records of all your lost time and wages from work, including time off to visit doctors and therapists, as a result of your accident. Please have your employer send my office written confirmation of this and the amount of wages represented by this time lost. This information will assist our office in determining the value of your claim.
  

• 7. Write a Detailed Statement of the Accident. Write out a detailed description of the accident.  The sooner you do this, the more precise your recollection will be.
  

• 8. Talk to No One. You should not talk to anyone about your accident except one of the lawyers or investigators from the office at Cardenas Law Firm.
  

• 9. Witnesses. Immediately give our office the names, addresses, and telephone numbers of all witnesses to the accident and people who came to the scene of the fall after the collision.
  

• 10. Follow Your Doctor’s Advice. You should follow as precisely as possible the advice and course of treatment recommended by your doctor or other health care providers. Do not minimize and do not exaggerate your ailments to your doctor or health care provider, as he or she needs to know the true extent of your problems to best know how to treat you. If you see any additional doctors or health care providers, be sure to immediately let me know at the CARDENAS LAW FIRM their names, addresses and telephone numbers.
  

• 11. Keep a Diary of the Affect of the Injury. Please keep a daily or weekly record or diary of your condition and progress. Record how you feel on a day-to-day basis and how your life is affected by your injuries. This can be very helpful in dealing with the insurance company and if a trial is necessary. Again, do not minimize or exaggerate your problems, write down exactly how you are feeling.
  

• 12. Medical Bills and Other Expenses. Keep copies of all your medical, hospital, therapy and drug bills, and send the original bills my office. You should also keep records of any other expenses you have in connection with your accident, such as the hiring of extra help and mileage or taxi fare for visits to the doctors. All your expenses should be paid by check or you should get a receipt. If you have health or medical insurance to cover such bills, please speak with me before submitting bills for payment. If you can pay the amount not covered by insurance, you may pay your bills, but, again, speak with me prior to doing so.
  

• 13. Always Stay in Touch with Your Attorney. It is important to keep me at the CARDENAS LAW FIRM informed of developments in your case. Changes of address, contacts from anyone and other facts should always be reported.

Frequently Asked Question About Slip and Fall Accidents and Lawsuits

  At the CARDENAS LAW FIRM, P.C., we realize that many people are sometimes afraid to start legal action over  a slip and fall case. Some people feel that they can do it on their own and handle the business or property owner's insurance company. They feel that an attorney is not necessary and will only complicate things. Other people believe that honestly will prevail and that if they behave with fairness then the insurance company will behave with fairness. These are misconceptions that can lead to unfortunate results. The truth is, an attorney with experience in personal injury cases can help you achieve a greater settlement, and can guide you through the entire legal process so that an insurance company does not take advantage of you. Keep in mind, even if you do not have an attorney representing you, the insurance company most certainly does. The insurance company is not your friend, and it does not want to pay you any more money than it has to pay you. They absolutely love it when people handle cases on their own because they know they will save a lot of money by dealing with an inexperienced person. Having an attorney on your side is the most efficient route to leveling the playing field between you and the insurance company.

The Cardenas Law Firm, P.C. has extensive experience with personal injury cases and slip and fall lawsuits. We handle many of these cases each year, and we can help you recover for medical bills, lost wages, pain and suffering, and various other losses as well. People who suffer a personal injury often are unaware of the ramifications of a personal injury lawsuit. Below is a list of frequently asked questions about Slip and fall lawsuits. If you have any further questions, please do not hesitate to contact us, either through e-mail at cardenas@cardenaslawfirm.com or by phone at 1 (717) 854-6400.

• 1. If I hire a lawyer, how can I help my own case?
  

• 2. Because of the accident, I cannot work. How do I pay my medical bills?
  

• 3. The medical providers are calling me for payment. What can I do to avoid having my
      bills turned over to a debt collection service?
  

• 4. How come the negligent driver's insurance policy will not pay any of my bills?
  

• 5. What will my attorney do for me when I hire him or her?
  

• 6.  How can I Prove that the Business or Property Owner was at Fault?
  

• 7.  What is a contingent fee agreement?
  

• 8.  What are costs?
  

• 9.  Why am I suing the business or property owner and not his or her insurance company?
  

• 10. May I call the adverse insurance company to check on the status of my case?
  

• 11. What is the value of my claim?
  

• 12. Who decides when to settle my case?
  

• 13. After I accept my settlement, how long will it be before I can expect a paycheck from the Insurance Company?
  

• 14. What is the settlement process, and what does it entail?
  

• 15. What will happen to my claim if we are unable to reach a settlement with the adverse Insurance Company?
  

A. See your doctor as soon as possible following your injury. Follow the doctor's orders.

B. Do not talk to anyone about your case except your lawyer. This is important. Remember - you hired your lawyer to represent you in this matter - you need to let him or her represent you in all communications.

C. Do not give any statements. Statements may later be used against you.

D. Go to all doctor appointments. If you must miss an appointment, call the doctor's office and let them know.

E. If you must miss work because of your injury, you need to keep accurate records. These will be used in the settlement portion of your claim. Your lawyer will seek reimbursement of all of your lost wages.

back to the top

A. Your attorneys will, in most cases, make arrangements for your medical bills to be paid out of any settlement. Normally, your attorneys will send a Letter of Protection to your medical providers, notifying them that you are in the midst of pursuing a lawsuit against the person who injured you. This Letter of Protection guarantees payment to the medical provider upon the settlement of your lawsuit.

B. Several other alternatives also exist: your private Health Insurance and sometimes even Pennsylvania Workers' Compensation (if you were on the job at the time of the accident.)

back to the top

Have any medical providers demanding payment contact your lawyer. Your attorneys will attempt to get the providers to agree to defer payment until the time of settlement and stop harassing you.

back to the top

Insurance companies prefer to settle your whole case at one time. Therefore, an Insurance Company will not pay medical bills one at a time. Most likely, when the case settles, your attorneys will use your settlement monies to pay all outstanding bills of which they are aware. Ultimately though, it is your responsibility to inform your lawyer of any and all bills related to your claim.

back to the top

Of course, this varies with the complexity of each case. Generally speaking, your attorney will investigate your claim, set up the appropriate insurance claims, talk to witnesses, collect all available information (i.e. reports), collect medical bills and research current law.

back to the top

The law looks at whether the owner maked regular and thorough efforts to keep the property safe and clean.  When investigating and negotiating your claim for injuries suffered in a slip or trip and fall, the Cardenas Law Firm, P.C. focuses on legal responsibility.  Some of the questions we work at getting answered to prove responsibility include:

If you tripped over a torn, broken or bulging area of carpet, floor or ground, or slipped on a wet or loose area, had the dangerous spot been there long enough so that the owner should have known about it.

Does the property owner have a regular procedure for examining and cleaning or repairing the premises. If so, what is it and what proof does the owner have of this regular maintenance.

If you tripped over or slipped on an object someone had placed or left on or in floor or ground, was there a legitimate reason for the object to be there.

If there once had been a good reason for the object to be there but that reason no longer exists, could the object have been removed or covered or otherwise made safe.

Was there a safer place the object could have been located, or placed in a safer manner, without much greater inconvenience or expense to the property owner or operator.

Could a simple barrier have been created or warning given to prevent people from slipping or tripping.

Did poor or broken lighting contribute to the accident.

In slip or trip and fall accidents, poor lighting is often a contributing cause you should mention in your claim along with the condition of the floor, stair or ground on which you fell. Obviously, if the light is poor, it was more difficult for you to see and avoid the dangerous spot. This is particularly true on stairs, where dim lighting, or alternating bright and dark areas, make it difficult to judge the edge of the step.

If there were lights but the bulbs were burned out, that indicates the owner was not properly maintaining the premises by regularly checking and replacing bulbs. Ask the insurance adjuster for copies of the property owner's maintenance records for the property. Those records might show how often the lighting is checked. And if there is no record of maintenance, you can argue that the lack of records indicates that the owner is not being careful enough in managing property safety.

back to the top

Most attorneys who labor in the personal injury field of law utilize a "contingent fee agreement." It is the standard payment method by which personal injury lawsuits are pursued throughout Pennsylvania. Basically, a contingent fee agreement provides the following: should you win your case, your attorney will take a percentage of your winnings as his payment. However, should your lawsuit prove unsuccessful, your attorney will take nothing. At the outset of your case, your attorney will specify the exact percentage he expects to realize from your settlement. This percentage will vary with the complexity of the case - the more time and effort the attorney expends, the higher the percentage. Also note, in most instances, the contingent fee (or percentage) covers only the attorney's fees - the contingent fee does not include costs.

back to the top

Usually, the client is responsible for costs. Costs may include, but are not limited to: filing fees, deposition costs, expert fees, medical records retrieval, photographs and exhibits.

back to the top

In Pennsylvania, when you are injured, you file suit against the person who hurt you; you do not sue his or her insurance company directly. You
can always contact an attorney prior to filing a lawsuit.

back to the top

Absolutely not. Unless your attorney directs you otherwise, do not contact the insurance company of the person who injured you. And never give a statement to the insurance company outside the presence of your attorney.

back to the top

The value of your claim is dependant upon a variety of factors. Your attorney will discuss the value of your claim with you, emphasizing both the pros and the cons of every relevant factor. Some of the relevant factors include:

A. Recent jury verdicts in similar cases.

B. The extent and nature of your medical bills, both present and future medical.

C. The type of injury you have suffered, and the extent of resultant disability.

D. The legal liability of the person who injured you.

E. The reliability and availability of any witnesses to the accident.

F. Any lost wages and loss of earning capacity you have experienced.

back to the top

When you have finished treating with a physician for your injury, your attorneys will present a demand package to the Insurance Company of the party who injured you. Your attorney will supply this demand package to the Insurance Company in the hope of reaching a settlement. The demand package will contain an itemized listing of all medical bills you have incurred, all wages you have lost, a description of any permanent impairment you have suffered, and a detailed account of the pain and suffering you have undergone. The Insurance Company will evaluate the demand package, and will either accept the proposed demand or issue a counter-offer. Any response the Insurance Company makes regarding the demand package will be forwarded to you, the client.

It is important for you to realize that ultimately, you have the final decision regarding anysettlements. Still, because of your lawyer's experience in this area of law, you should consider seriously and carefully any recommendation he might make regarding the settlement value of your case.

back to the top

Once an agreement has been reached between you and the adverse insurance company, it usually takes between two and six weeks to complete and finalize the settlement process. You may expect a check at the end of the settlement process.

back to the top

The settlement process is the procedure whereby your attorney pays out all costs and expenses related to your claim. As the client, you sign the settlement check or draft; you also sign a release which allows your attorney to pay all of the outstanding debts related to your injury. After you sign both of these items (the check and the release), your attorney will place the check in his Client's Trust Account, where it will remain until all bills associated with your claim are paid. When the check or draft clears, your attorney will pay all outstanding medical bills, all costs, and attorney fees. The remainder of the money goes to you, the client.

back to the top

If you and your lawyer are unable to reach an agreement with the adverse insurance company regarding the value of your case, it may be necessary to initiate a civil lawsuit. This is commonly referred to as litigation. Usually, this litigation will be brought against the person, persons, or company who caused your injuries and not against their insurance company (unless the case is an uninsured or under-insured motorist case).

back to the top

To Discuss your case with an attorney, call us or email us for legal advice.
Telephone: (717) 854-6400  FAX No: (866) 353-5570

Office Hours & Address: Office hours: Mon-Fri 9am-5pm. Closed from 12pm-1pm
18 South George Street, Suite 410, Pennsylvania 17401

E-Mail: Cardenas@CardenasLawFirm.com

If you want an attorney to contact you or if you have any questions
on our services, you can fill out and submitted our "Request Form"

DISCLAIMER:  The information presented on this web site is designed to be informative, but is not a substitute for qualified legal advice, and does not attempt to contain a comprehensive discussion or description of any area of law discussed, which can be very technical and complex topics.  Do not rely on the materials presented herein without specific consultation with an attorney concerning your specific legal situation.  The posting of this web site for viewing by potential clients or others interested in learning about legal topics does not create an attorney-client relationship.  Similarly, the fact that an attorney may informally answer general E-Mail questions does not create an attorney-client relationship.  The attorneys at the Cardenas Law Firm, PC are current licensed to practice only in the State of Pennsylvania.  This web site is for informational and advertising purposes only and is not an attempt to solicit clients via its Web site.  An attorney-client relationship is formed only after the potential client meets with one of the attorneys in our office for an initial consultation, AND has paid the appropriate retainer fee.

Copyright © 1998- 2007 Cardenas Law Firm, P.C.