A slip-and-fall accident is instantaneous and can result in fractures, brain damage, and neck and back injuries. A severe injury may have lasting effects for months or even years. Frequently, victims must contend with expensive medical bills, lost wages, excruciating physical pain, and even long-term health problems. If you have been injured due to a slip and fall in Pennsylvania, you may be wondering if you are eligible for fair compensation, especially if your injuries have resulted in costly medical bills and lost wages.

Under Pennsylvania's slip-and-fall laws, property owners can be held liable for hazardous conditions that contribute to these accidents, including uneven or slick floors, broken handrails, and ice-covered walkways. Slip-and-fall accidents can cause severe injuries, and the nationwide impact is significant. The Centers for Disease Control and Prevention of the United States reported that 11.5 million emergency room visits per year were due to falls.

If the negligence of a property owner contributed to your slip-and-fall injuries, you may be entitled to compensation. To establish liability, victims must prove certain elements, such as that the property owner could have prevented the accident. When someone is injured due to the property owner's negligence, they can file a claim for personal injury to seek compensation. These damages could include medical expenses, lost wages, and emotional distress. Following an accident on another's property, it may be challenging to recover damages. Frequently, there are multiple parties at fault, or the insurance company wants to settle as quickly as possible for the least amount of money.

There are people who will help you through this tough time. Here at Brandon J. Broderick, Attorney at Law, we are proud to provide first-rate representation to each and every one of our clients. We believe this process should be free of intimidating legalese and unnecessary complexity. Rest easy knowing that we'll be here to help. Get in touch with a knowledgeable Pennsylvania slip and fall attorney at (877) 867-7280 for a no-cost consultation today. We'll evaluate your case, advise you on its merits, and help you investigate your options for securing a just compensation.

Below, residents of Pennsylvania who have been injured in a slip-and-fall accident will find resources they can use.

IS IT NECESSARY FOR ME TO HIRE A LAWYER FOR MY SLIP AND FALL ACCIDENT CASE?

After suffering an injury, you need to focus entirely on getting better. With a lawyer's help, you can put your mind and energy toward healing rather than worrying about your case. Brandon J. Broderick will gather evidence, interview witnesses, consult with specialists, and negotiate with insurance companies. Allow our team of accomplished PA slip and fall lawyers to assist you in securing the compensation you need. We protect your legal rights and provide you with the most effective legal recourse. 

If you do not file a legal claim, the insurer may refuse to pay for some of the damages or offer an absurdly low settlement amount. Despite the fact that some injuries manifest more rapidly than others, insurers will attempt to contact the injured party quickly in an effort to convince them to accept a low settlement offer. It is not advised to do so. If a settlement cannot be reached through negotiations, we will not hesitate to bring the case to trial on behalf of our client.

Our firm's slip and fall lawyers have represented clients in complex premises liability claims against commercial properties, apartment buildings, construction sites, nursing homes, and public or municipal entities across the state of Pennsylvania.

Please contact the office of Brandon J. Broderick, Attorney at Law, to schedule a free consultation.

COMPENSATION FOR PA SLIP AND FALL ACCIDENTS

The majority of settlements for slip-and-fall accidents include both economic and non-economic compensation. Losses such as medical expenses and lost wages are examples of economic damages, whereas pain and suffering are intangible, non-quantifiable losses that fall under the category of non-economic damages.

When representing clients in slip-and-fall cases, Brandon J. Broderick, Attorney at Law, pursues maximum compensation for all damages, both economic and non-economic. The actual value of a claim is determined by a number of factors, with the severity and permanence of the injuries being the most significant.

Economic Damages Explained

In a personal injury lawsuit, the injured party will seek "economic damages" to compensate for monetary losses. It is crucial to remember that only one claim for personal injury may be filed per incident. The length of time a person will require medical care and their final prognosis may not be immediately known if they sustain a severe injury. You may, however, seek compensation for your current and future medical expenses resulting from the accident. This may consist of (past and future):

  • Hospital or doctor's bills
  • Surgery costs
  • Medical specialists
  • Medical devices
  • Rehabilitation
  • Homecare

Future economic damages can be difficult to calculate because they require knowledge of an injury's severity and an expert's prognosis for the patient's future. In cases involving severe, long-lasting injuries, a slip-and-fall attorney will know how to best protect your rights and interests.

Other economic damages include income loss during the period of recovery and future income loss. If your injury prevents you from working, your future earnings are in jeopardy, but they are recoverable. Your claim for compensation may also include funds to cover the cost of household assistance that you are unable to perform on your own.

Non-Economic Damages Explained

In a premises liability claim for an injury sustained on the property of another, non-economic damages for the victim's pain and suffering are recoverable. After the victim's death, loss of companionship or consortium could also be grounds for a lawsuit.

The term "pain and suffering" refers to the physical and mental anguish a victim may endure as a result of an accident and the resulting injuries. When determining the amount of compensation to be awarded, both the actual and perceived distress of accident victims are taken into consideration. Due to the difficulty of assigning a monetary value to intangibles such as pain and suffering, it is crucial to have an experienced attorney on your side after a slip and fall accident. Due to their background, they will be in a better position to defend the methodology behind the numbers they've produced.

It is difficult to estimate the amount of compensation you may be entitled to without the assistance of an attorney. Please call (877) 867-7280 to schedule a free consultation.

ESTABLISHING NEGLIGENCE IN SLIP AND FALL CLAIMS

The injured party who sues a property owner for damages after slipping and falling must prove that the defendant was negligent in their ownership or maintenance of the property. However, the standards for the owners vary based on the nature of their property and the purpose of the visitor. For a claim of negligence to be successful, the plaintiff must demonstrate that the defendant owed them a duty of care, knew or should have known that the premises were unsafe, and failed to take the necessary measures to remedy the situation.

Clarifying Duty of Care

The "duty of care" obligations of property owners vary based on the nature of their visitors. Under Pennsylvania law, landowners are required to provide "reasonable" care to all visitors on their property. However, the definition of "reasonable" is open to interpretation because there are no predetermined parameters. As there are no fixed parameters, the definition of "reasonable" is open to interpretation. Those invited onto the property by the owner have the highest duty of care. When someone is invited to a property, the owners are obligated to investigate and identify any potential dangers. If a licensee is granted access to the property, they are also owed a duty of care, albeit to a lesser extent. An owner is required to exercise reasonable care in protecting them from dangers they are already aware of. No duty of care is owed to a trespasser because they were not invited onto the property.

Guests at a party and out-of-town relatives are examples of licensees, or individuals who are permitted on a property for non-commercial purposes. Trespassers are individuals who enter private property without permission.

Breach of Duty

You must also demonstrate that the property owner breached their duty of care in order to prove negligence and win your slip-and-fall lawsuit. In order to establish that the owner acted negligently, the victim must demonstrate that the owner failed to do one of the following:

  • Maintain a safe condition on the property;
  • Address any safety concerns that have been identified; or
  • Issue a warning to all individuals who may be at risk.

The negligent property owner allowed a potentially life-threatening slip-and-fall accident to occur due to their failure to keep the premises in safe condition.

You can hold property owners liable for the following:

  • Tripping hazards: include exposed electrical cords, torn or raised carpeting, uneven flooring, and other unexpected obstacles, all of which can cause a serious fall injury.

  • Slipping hazards: Freshly waxed floors, grease spots, liquid spills that are not cleaned up, and accumulated snow or ice on walkways are all potential causes of slip and fall accidents.

  • Inadequate lighting: on walkways such as parking lots and stairwells causes poor visibility, which is a major hazard for slip-and-fall accidents, particularly if there are uneven surfaces such as raised cracks and uneven surfaces.

  • Inadequate safety measures: Open maintenance holes, broken stair rails, and unprotected construction sites are all potential causes of slip-and-fall accidents.

Some property owners may claim they were unaware of the area's dangers. In such a situation, the injured party must demonstrate that the property owner knew or should have known about the danger.

Causation

The injured party must prove that the hazardous conditions on the property caused their injuries; this is referred to as the "causation" element of negligence. If you slip and fall in the icy parking lot outside a store, for instance, you will need to demonstrate that the ice was the direct cause of your injuries and that you would not have slipped in any other circumstance.

Damages

The final component of negligence is damages, which are the compensation a victim receives for an injury. An experienced slip-and-fall attorney will use evidence to prove the financial and non-financial costs associated with your injuries. These damages may consist of medical expenses, lost wages, and intangibles such as pain and suffering.

An experienced Pennsylvania slip-and-fall lawyer can evaluate your claim, determine its viability, and help you explore your options for obtaining a fair settlement.

GATHERING EVIDENCE FOR A PA SLIP AND FALL CASE

In a personal injury case against a property owner, evidence may be very valuable. You must demonstrate not only that the property owner or occupant was negligent and that their actions caused your injuries, but also that the slip-and-fall accident caused you to suffer damages.

The following forms of evidence are crucial for establishing liability in a slip-and-fall claim:

  • Photos of the dangerous area on the property
  • Witness accounts
  • Video footage of the slip and fall
  • Medical records
  • A report of the accident (if available)
  • All bills documenting your losses
  • Notes documenting your injury, the pain you are experiencing, and how it has impacted your daily life

If the property owner or occupant had policies in place for routine cleaning and maintenance, repair and removal of hazardous conditions, etc., a slip and fall accident attorney can conduct a thorough investigation to determine whether these actions were taken. A comprehensive investigation may uncover additional instances of negligence, such as prior complaints about risks on the property, inspection reports that identify risks, and more.

Additionally, the testimony of an expert witness can aid your case against the property owner or occupant. A slip-and-fall attorney can consult with expert witnesses on various aspects of your case, such as how the owner's or occupant's negligence contributed to the hazardous environment that caused the accident.

STATUTE OF LIMITATIONS FOR SLIP AND FALL CLAIMS IN PENNSYLVANIA

"Slip and fall" cases are among a long list of others when discussing PA personal injury lawsuits. A slip-and-fall lawsuit in Pennsylvania is subject to the same statute of limitations as other injury cases, including car accidents. 

In Pennsylvania, the statute of limitations for seeking compensation for a slip-and-fall injury is just two years from the date of the accident. This deadline means that victims may forfeit their right to compensation if legal action is not initiated by the specified date. Two years may seem like a prolonged period of time, but preparing a convincing case requires a substantial amount of time and resources. If you have suffered a serious slip-and-fall injury as a result of a negligent property owner, you should immediately contact a Pennsylvania slip-and-fall accident lawyer to initiate the legal process.

As long as you file a complaint with the court within two years of the incident, you should be in good standing. Only the initial phase of the case must be resolved within the two-year timeframe. You now have more time to collect evidence, investigate the situation, and prepare for trial.

What Is the Consequence of Missing the Claim Filing Deadline?

If you wait too long to file your case with the court, it may be dismissed. A lawsuit may be dismissed if it is filed more than two years after the statute of limitations has expired. In response to your initial complaint, the defendant may assert the statute of limitations as a defense. If you miss the two-year deadline, the court will be required to dismiss your case.

If you meet the deadline but want to add new parties to your lawsuit or new claims of negligence after the two-year statute of limitations, you will be unable to include these new claims or defendants. The applicable statute of limitations applies to every claim of negligence and every defendant. If the action is filed after the statute of limitations has expired, it may be too late to add the building owner to a slip-and-fall lawsuit brought against a tenant.

Given this, it is evident that obtaining legal assistance is advantageous. Depending on the complexity of the case, trial preparation could take months or even years. A skilled PA slip and fall attorney can provide the best advice regarding your options.

Extension on the Statute of Limitations?

In rare instances, the statute of limitations may be extended. For example, minors can file a lawsuit up to two years after their 18th birthday. To be qualified for this exemption, minors must be emancipated; non-emancipated minors have the same standard two years as adults. Additionally, wrongful death claims take a slightly different path than other personal injury cases. In the case of wrongful death resulting from an injury, parties have two years from the date of death, not two years from the date of injury, to file a claim.

COMMON CAUSES OF SLIP AND FALL ACCIDENTS

Falls are a typical cause of injury in the United States. Every year, more than one million people visit the emergency room due to slip and fall accidents, making it the leading cause of ER visits. When people slip and fall, it is typically because of something unsafe about the walking surface or the surrounding environment. Some of the main reasons for slip and fall accidents are:

  • Loose flooring
  • Uneven sidewalks or concrete
  • Debris cluttering aisles or pathways
  • Potholes
  • Slippery floors
  • Icy surfaces
  • Wires and other potential trip hazards
  • Poor or insufficient lighting

Everywhere, accidents involving tripping, slipping, and falling are possible. Typically, the defendants in personal injury claims involving slip-and-fall accidents are the property owners of apartment complexes, garages, retailers, restaurants, public places, and nursing homes.

HIRING BRANDON J. BRODERICK’S SLIP AND FALL LAWYERS WILL GIVE YOU SOME MUCH-NEEDED RELIEF

Accidents can be stressful, particularly when injuries result. They can negatively affect your physical and mental health, as well as your financial situation. Our objective is to alleviate all of your worries and provide you with peace of mind. We have decades of experience assisting injury clients, such as yourself, in winning their legal cases. Do not let an insurance company undervalue your claim or downplay your slip and fall injury. When you are injured as a result of someone else's negligence, you are entitled to full compensation.

At Brandon J. Broderick, Attorney at Law, we believe in providing excellent client service and achieving the desired results for each and every client. As a result, we are among Pennsylvania’s top slip and fall lawyers.

We serve cities throughout Pennsylvania and the surrounding areas. Please contact us right away so that we can discuss your situation and determine how we can assist you.

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