SLIP & FALLS
Premises Liability Accidents
Most slip and fall accidents fall within the legal category of “Premises Liability.” A party may be liable under a premises liability theory if you were injured on their property. The owner of the property may owe you damages if you are hurt on their property if the following apply:
– The owner knew or should have known of a hazardous condition on the property.
– The owner failed to repair, or provide warning of the hazardous condition.
– The owner’s failure to fix or warn of the condition caused the injury.
– The injury caused you damages.
Make sure to speak with a lawyer to see if you have a case, and definitely consult a lawyer before you sign anything the insurance company sends you.
When it comes to slip and fall cases, you only have 2 years from the date of the accident to file your lawsuit. Time is of the essence, and you can’t afford to waste any of it. It doesn’t matter how big, reputable, or well-known the premises are – you may have a case whether it is an outdoor mall, or even a small shop.
We know that insurance companies make it difficult to collect money or receive medical treatment for your injuries. You have to understand that the insurance company IS NOT your friend. The only goal of the insurance company is to close out your case as quickly as possible for little to no money – and they will try every tactic to get you to go away.
Who can file a Chapter 11? One common misconception is that only business can file a Chapter 11 bankruptcy, but in-fact, almost anyone or any entity is eligible. This includes individuals and/or businesses.
Chapter 11 is more suitable and common amongst businesses rather than individuals because it is more costly and far more complex than a Chapter 7 bankruptcy.
Typically, the economics involved in a Chapter 11 do not lend themselves favorably for most individuals with lesser amounts of debt owed, as opposed to higher net-worth clientele with more steady income streams.
What happens to the debt owed? In a Chapter 11 bankruptcy, a plan is created to pay back certain debts by reorganizing the business operations which can be done by renegotiating the obligations, and/or restructuring the assets and liabilities of the company.
The critical difference and feature of the Chapter 11 bankruptcy is that the debtor can remain open and operational while the bankruptcy takes its course. That is why in the Chapter 11, the debtor is sometimes referred to a “debtor in possession.”
During this time, we analyze areas of opportunity in reducing your expenses, making beneficial tax changes, and strategically plan your repayment options.
WHAT CAN I RECOVER FROM MY SLIP AND FALL?
3 TYPES OF DAMAGES YOU MAY BE ENTITLED TO INCLUDE:
| Economic Damages | Non-Economic Damages | Exemplary Damages |
|---|---|---|
Medical Bills
|
Emotional Distress
|
Punitive Damages
|
Property Damage
|
Pain and Suffering
|
|
Loss of Income
|
Physical Disability or Impairment Related Losses
|
|
Loss of Earning Capacity
|
Loss of Enjoyment of Life
|
Keep a journal or a log of everything that happened leading up to, during, and after your accident.
Take detailed photos of the scene where the injury happened, as well as detailed photos of the surrounding area.
Inform the premises owner, employees, or security and make sure to ask for a copy of the incident log.
Take down the names, numbers, and emails of any witnesses who saw the incident occur.
Immediately seek medical attention and note where, when, and who treated you.
Ultimately, the proposed plan must be submitted and approved by the Court.
The Court will approve the plan, if it meets certain criteria such as:
Chapter 11 bankruptcy can remain on your credit report for 10 years just like the Chapter 7.
It is important to consider your options, and consult a professional when it comes to determining which type of Bankruptcy is most suitable to your situation – so be sure to contact us for a free consultation to discuss your bankruptcy options.