How Do Slip and Fall Injury Cases Work

Yellow Caution Wet Floor sign on a tile floor

Slip and fall accidents are more than just painful. In some cases, they can be completely debilitating. From fractured bones to head trauma or spinal cord injuries, one misplaced step is all it takes to change a life. 

If you or a loved one is dealing with a slip and fall injury that is the direct result of somebody else’s negligence, then you might be entitled to compensation. Though it may feel overwhelming to pursue a legal battle while in recovery, seeking damages could take stress off of your shoulders by helping with hospital bills and other injury-related costs. 

At OlsenDaines, we strive to make the legal process easy and straightforward so you can focus on getting better. To help you determine your next steps, here’s a guide on how slip and fall injury cases work and what you can expect when filing a claim:

What Is a Slip and Fall Claim?

A “slip and fall” claim is a specific type of personal injury case. The purpose of the claim is to help individuals recover damages – typically monetary compensation – after sustaining injury while slipping or tripping on somebody else’s property. However, not every accident justifies a slip and fall claim. For a successful case, you must be able to demonstrate these main points:

  • The property owner had a responsibility to keep the property reasonably safe
  • The property owner failed to meet that responsibility through negligence
  • Your injury was the direct result of their negligence
  • You suffered damages because of your injury

If you believe your situation meets all of those criteria, you should contact a personal injury attorney for assistance as soon as possible. They will be able to examine your situation closely and help you through each stage of the claims process. Read on to learn more about what to expect when beginning a slip and fall legal case.

Proving a Slip and Fall Claim

Perhaps the most challenging aspect of any personal injury claim is proving liability. Slip and fall cases are no different, and there are a few different things you will need to consider when trying to prove that your injury was caused by somebody else’s negligence:

“Duty of Care” and Premises Liability Law

Premises liability laws state that property owners owe a “duty of care” to people who visit their land. In other words, these rules hold property owners accountable for keeping their space adequately safe at all times. However, their level of responsibility largely depends on your status as a visitor:

  • Business invitees are individuals who are invited onto the property to conduct business – for example, visiting a grocery store or a mall. Property owners owe these types of visitors the highest duty of care. Generally, this means the owner is responsible for routinely inspecting their space for potential hazards and quickly remedying or notifying visitors of any possible safety concerns.
  • Licensees and social guests are individuals who visit the property with the owner’s consent, but not for business. Property owners still owe duty of care to these visitors but are not required to frequently monitor their space on the same level as a business owner. Typically they are responsible for remedying or warning visitors of known hazards.
  • Trespassers are individuals who illegally enter the property without the owner’s consent. Trespassers are not owed any duty of care, which means the property owner will not be liable for any injuries sustained on their land.

What Qualifies as Negligence in a Slip and Fall Case?

Once we prove that the property owner owed you a duty of care, we will need to demonstrate that they failed to fulfill that duty. To put it differently, we’ll have to show that they ignored or failed to notice a safety hazard that directly led to your injury. This step will look different for every case, though some of the most common examples of negligence include:

  • Loose or broken floorboards
  • Cluttered walkways
  • Parking lot potholes
  • Torn or loose carpeting
  • Uneven steps or stairs
  • Oily, waxy, or wet floors
  • Low lighting or visibility
  • Lack of safety signage

If your injury was caused by a similar safety hazard that you received no warning about, then the property owner is likely liable for the accident. Not sure if your situation qualifies? Don’t worry – our attorneys can help answer all of your questions. Just give us a call to schedule your free legal consultation.

Tips for a Successful Slip and Fall Case

Proving a slip and fall case can be very tricky depending on your unique situation. However, we have some advice that can make the process a lot easier and faster. If you are planning to file a slip and fall claim, consider these tips:

  • Seek medical attention right away: After sustaining an injury, health should be your top priority. Visit a doctor immediately after the accident to assess, treat, and document any injuries that were caused by the accident.
  • Document as much as you can: Once you are safe and able, write down as much information as you can. Collect the names, addresses, and phone numbers of potential witnesses. Write the date, time, and exact location of the accident.
  • If possible, take pictures of the scene: Though this may not be entirely possible in every situation, pictures of the exact location where your injury took place will help your case immensely. Try to capture a few that show what your perspective looked like as you approached the safety hazard.
  • Avoid posting on social media: Social media is a big part of our lives, and it may be tempting to continuously share everything online. However, your posts can be used against you – even if they don’t directly relate to your accident. For example, if you are claiming that the injury caused serious emotional distress but are posting about a party, it would be much harder to prove your case.
  • Keep all of your medical and treatment documents: Don’t throw away any paperwork from doctors, physical therapists, massage therapists, or any other health professionals that you visit following your injury. Their reports and invoices will help you build a solid case and request an accurate amount in damages.
  • Note any days you miss from work: Keep a record of any hours that you had to take off work as a result of the injury. Include any instances where you had to leave early for recovery-related reasons such as medical visits or therapy appointments. 
  • Don’t wait too long to start your case: In the state of Oregon, personal injury cases must be filed within two years of the date of injury. Failing to meet this deadline will prevent you from recovering damages at all. 

Contact an Experienced Personal Injury Attorney

Slip and fall accidents are unpredictable, and they can be incredibly stressful to recover from. At OlsenDaines, our slip and fall accident attorneys are dedicated to helping you heal in peace by guiding you through the claims process. With over 40 years of experience in Oregon law, we know how to deliver favorable outcomes for our clients. To get started, schedule your free legal consultation today.

What to Do if a Car Hits You While Walking

Person injured in pedestrian accident - OlsenDaines personal injury attorneys in Oregon

Getting hit by a car while you’re walking is a scary experience, especially if you sustain injuries. However, pedestrian accidents are common – it’s even estimated that a car hits a pedestrian once every 7 minutes in the United States alone. Knowing what steps to take after an accident can help you recover quickly while preparing to make a claim. Here’s what to do if a car hits you while walking:

Remain Calm and Evaluate Injuries

Your safety is the first priority after an accident. Try to maintain a calm composure while assessing injuries. If you or anyone else has been seriously hurt, call 911 immediately for medical assistance.

File a Report With Law Enforcement

Once everybody involved in the accident is safe, it’s time to call law enforcement to file a report. Police reports play a big role in determining liability, so it’s important that you don’t skip this step and that you provide as much information as possible.

Collect Information on the Driver

To file a claim, you will need the driver’s information. Request their name, phone number, address, insurance company, and policy number. If they are not being cooperative with you, don’t worry; law enforcement will also be able to collect this information. Should the driver attempt to flee the scene, at least try to catch the license plate number. Without the license number, it will be very challenging to track the driver down later on.

Collect Witness Contact Information

Even if law enforcement has not arrived yet, request contact information from any third-party witnesses who saw the accident. Doing so will ensure you have their information even if they decide to leave the scene of the accident before the police arrive.

Always Seek Medical Attention

Even if you think you feel fine, it’s crucial to seek medical attention as soon as possible. Adrenaline from the accident can make it impossible to accurately assess your own injuries. Visiting a doctor not only ensures you are receiving proper and thorough treatment, but it also creates a written medical record of any injuries. During your visit, describe the events in detail and try to get comprehensive diagnostic tests.

Do Not Give Any Insurance Company a Statement

Prior to giving a statement to any insurance company – even your own – it’s critical to seek help from an experienced attorney. Any questions you answer or statements you provide can be used against you later on, so it’s important to work with a knowledgeable lawyer who can provide guidance.

Seek Help From an Attorney

A personal injury attorney can help you navigate the claims process and recover any compensation to which you are entitled. Damages can cover expenses like medical bills, missed work, and more. If you have been involved in a pedestrian accident in the state of Oregon, you can count on the experienced lawyers at OlsenDaines to make your claim as simple and effective as possible. Just give us a call to schedule your free legal consultation.

Track All Expenses

Throughout the claims process, you will want to keep track of any injuries, treatments, and medical bills. Consider creating a folder where you can store all of your medical receipts and records, such as:

  • Time missed from work for recovery or medical treatment
  • Specific dates and times of medical appointments
  • Any receipts for co-pays or prescriptions
  • Pain and symptoms related to the accident

Follow Through on All Medical Appointments and Treatments

It’s crucial that you attend all medical appointments and follow through on each treatment plan. Failing to do so will not only impede recovery; missing appointments could also prompt an insurance company to argue that you are not actually injured, or that you are needlessly extending your injuries by not complying with medical recommendations. To ensure your fast recovery and a speedy claims process, be sure to attend all appointments and complete all recommended treatments.

What to Do If You Get Hurt From a Car Accident

Image of a car accident in Oregon - OlsenDaines Personal Injury Attorneys

Car accidents can be scary situations, especially if you sustain any type of injury. Knowing what to do after an accident can help you seek recovery quickly while protecting your rights and preparing to make a claim. Here is what to do if you get hurt from a car accident:

Stay Calm and Assess Injuries

Always ensure you, your passengers, and anybody else involved in the accident are safe. If anybody sustained major injuries, call 911 immediately for medical help. Try to maintain a calm demeanor to remain in control of the situation. Additionally, move any impacted vehicles out of the way of traffic if possible.

Call Law Enforcement and Make a Report

Once you know everybody is safe, call the authorities and report the incident. Law enforcement will examine the scene, interview witnesses, and otherwise collect information about the accident to help determine who was at fault. A police report is extremely important for proving liability, which is why you should never skip this step.

Collect Witness Contact Information

If there are third-party witnesses to the accident, try to collect their contact information – even if law enforcement has not yet arrived. That way, if the witness chooses to leave the scene of the accident before police arrive, you will still have their information to provide for the report and to use later on if needed.

Seek Medical Attention Immediately

If you have not already contacted a medical professional to assess your injuries, do so as soon as possible – even if you feel just fine. Shock from an accident can make it difficult or impossible to determine the extent of an injury, which is why it’s crucial to see a doctor right away. Describe the events and any wounds in detail and get comprehensive diagnostic tests. Not only will this allow the doctor to create a proper treatment plan that will help with your recovery, but it will also create a written medical record that can be used later on if you make a claim.

Do Not Give a Statement to Any Insurance Company

Wait until you have consulted with an experienced attorney before you give a statement to any insurance company – even your own. Your insurance company may call you shortly after the accident to obtain a statement, but whatever you say can be used against you later on. Though you may notify them that an accident has occurred, wait to provide a statement.

Contact an Experienced Attorney

An experienced attorney can help you navigate the claims process to recover maximum compensation to which you are entitled. These damages can help cover medical bills, vehicle repairs, and more. If you are in need of an experienced attorney in the state of Oregon, contact the experts at OlsenDaines today for a free legal consultation. With years of experience and a dedicated staff, we’re able to take over the logistical challenges and requirements of your claim and allow you to focus solely on recovering from your injury and taking care of your family.

Keep Track of All Injuries, Treatments, and Expenses

Keeping track of your injuries, treatments, and expenses can help you immensely throughout the claims process. To stay organized, we recommend creating a folder where you can keep medical receipts and records. Also try recording additional information such as:

  • Pain and symptoms caused by accident-related injuries
  • Time missed from work for medical care or recovery
  • Contact information for medical providers
  • Specific dates for medical appointments
  • Out-of-pocket expenses for co-pays or prescriptions
  • Attend All Medical Appointments

To ensure your recovery, it’s crucial to follow through on all of your medical appointments. Be sure to take any prescribed medications, attend physical therapy, and show up to any necessary doctor’s appointments. Not only will this help you heal faster, but it may also help you with your claim. If you fail to attend medical appointments, an insurance company may claim that either you are not actually injured, or that you needlessly extended your injuries by not following through on treatments. To recover quickly and remain prepared for a claim, it’s important to complete all recommended medical treatments.

Benefits of Hiring a Personal Injury Lawyer

Car and bike crash. OlsenDaines, serving Oregon and Washington talks about the benefits of hiring a personal injury lawyer.

Whether you were seriously injured in an auto accident or a slip and fall accident at a store, you may be entitled to damages if it was due to someone else’s negligence. However, it isn’t always easy or straightforward to get a fair settlement. This is why it’s important to hire a personal injury lawyer.

Here are some main benefits of hiring a personal injury lawyer.

Peace of Mind

An experienced personal injury lawyer will dedicate themselves to represent you so you can focus on recovering. Serious injuries are not just physical. They can also cause stress and trauma. A great personal injury lawyer will give you the peace of mind you need to get made whole again.

Faster Compensation

When you hire a personal injury lawyer as soon as you’ve suffered an accident, they’ll file a personal injury claim for you while you’re still recovering so you’ll receive your compensation that much sooner than trying to do it yourself.

Legal Coverage

Quite often, the offending party will contest the personal injury claim against them, hiring a lawyer and taking you to court. If you don’t have a lawyer on your side, the odds are against you. Hiring a personal injury lawyer to represent you will level the playing field. They’ll gather evidence and develop the right strategy for your case, pursuing it vigorously for you.

Negotiation

Insurance companies spend millions of dollars on attorneys to ensure they pay as little as possible on personal injury claims. They also have techniques to persuade people to accept unfair settlement offers, even without an attorney. They’re not after your best interest. When you hire a seasoned personal injury lawyer who’s experienced in negotiating with insurance companies, you can expect higher compensation.

Do You Need a Personal Injury Lawyer?

If you or someone you know was hurt in an accident caused by someone else, you need to hire a personal injury lawyer to help recover the compensation you deserve. At OlsenDaines, we know how overwhelming and traumatic a personal injury can be. We’ll take the pain out of personal injury recovery. We offer free consultations, reasonable fees, and are committed to getting our clients the relief they need. To schedule an appointment contact us today. We have offices all throughout Washington and Oregon with personal injury lawyers ready to fight for you.

When to Hire a Personal Injury Lawyer

Young female bicyclist fallen down on street with serious injuries after traffic accident with the 4x4 car of a young man. OlsenDaines serving Oregon & Washington talks about when to hire a personal injury lawyer.

Personal injury claims are civil, non-criminal cases that cover a wide variety of possible situations. If you’ve been bitten by a dog, hit by a driver, or fell at the store, you can file a personal injury claim.

Although there are some situations when you can handle a claim through Small Claims Court or through the other party’s insurance, in most situations you’ll want the expertise of someone who understands the legal system, especially if you’ve been seriously injured.

With that being said, here are some scenarios to help you determine if you need a personal injury lawyer.

You’ve Suffered a Serious Injury

If you were seriously injured in an accident, need long-term care, now have a permanent disability or illness, you definitely need a lawyer. Having a personal injury lawyer on your side could help relieve a lifetime of financial stress and suffering that you would otherwise experience.

Insurance is Denying your Claim

Not only is dealing with insurance companies very demanding and exhausting, but there are also many instances when an insurance company can simply deny your claim. Insurance companies also delay their claims or make the process overly complicated as a tactic hoping the claimant will give up or ask for less. If insurance has denied your claim, you’ll want to contact a personal injury lawyer.

Level the Playing Field

The other party will definitely have their insurance company along with their team of experts on their side, why shouldn’t you? Insurance companies have a lot of money and legal resources, so to help level the playing field, you’ll also want to have your own team of experts.

Medical Malpractice

If you believe you’re a victim of medical malpractice and want to file a claim, you should know time is of the essence. These claims take time and require a lot of legal work. Depending on where you live, there are also some statutes in place that require you to file the claim within a certain time.

Personal Injury Law Firm

Many people are often reluctant to contact an attorney because they’re afraid of expensive legal fees. But this shouldn’t be a concern. Most personal injury lawyers charge their clients on a contingency fee basis. This means they will accept a fixed percentage of the amount recovered. Simply put, they don’t get paid unless you do.

If you or someone close to you has suffered a personal injury and you need help determining your next course of action, contact our office. We understand how helpless and stressed you may be feeling, and we want to help you get the compensation you deserve. We have an entire team of experienced personal injury lawyers ready to dedicate their time and resources to your claim.

What to Do Immediately After a Car Crash

It’s important to have a mental checklist for what you need to do immediately following an accident. At the very least, whether it’s a major accident or a fender bender, damage claims and insurance companies will be involved. What happens right after an accident can make all the difference in how claims or lawsuits get resolved. Here are some things to keep in mind following a car accident:

  • Most important of all, immediately check on the safety of everyone involved in the accident. Call paramedics if there’s the slightest possibility that anyone is injured. First and foremost, this should be done for the sake of the well-being of all involved. Secondary to that, it is important to the future success of any damage claims that you as an accident promptly seek medical attention if necessary.
  • Whether or not paramedics are needed, make sure a police officer comes to the scene of the accident. It’s essential that a police report is created to determine which driver will be held legally at fault.
  • Seek medical treatment as soon as possible, and make sure you follow through on all prescribed courses of treatment and follow-up visits. Keep a daily journal of the status and progression of your injuries. You need to be establishing a thorough medical record to document injuries in the event that you wish to seek monetary damages.
  • Contact your insurance company as soon as possible following the accident. Keep careful track of the claim number you are assigned and the name of your claims adjuster. Report the accident to the other driver’s insurance company as well, but be careful about what you say.
  • Seek the services of an experienced personal injury attorney immediately. An injury attorney can assist you with the documentation and in stressful claim settlement negotiations. When it comes time for a settlement, you’ll see the difference a good personal injury attorney can make when it comes time to settle the claims.

 

5 Things to Know About a Slip and Fall Accident

A slip and fall accident occurs when a person slips, trips, or falls on someone else’s property as a result of a dangerous or hazardous condition. It includes falls caused by water, ice, snow, uneven flooring, poor lighting, or a hidden hazard like a hole in the ground. These types of accidents can be extremely serious, resulting in back, head, and neck injuries that can produce lifelong pain and health issues. Here are five things to keep in mind if you or a love one is involved in a slip and fall accident.

  1. Immediately get help. Not only do you want to get necessary medical assistance on the scene as fast as possible, you need to let an employee or property owner know want happened so you can establish a record of the incident.
  2. Do not provide the insurance company with any kind of recorded statement. Claims adjusters often try to get the injured person to agree to a recorded question and answer session over the telephone. Do not let yourself be talked into this, as you have nothing to gain and a lot to lose by it. You probably don’t know the details or extent of your injuries yet, or even the basic facts of what happened and why. Don’t get locked into a premature statement on the record.
  3. Follow through in necessary medical treatments and follow-up visits. While some people avoid going to the doctor or physical therapist at all costs, this is emphatically not the course you want to take after a slip and fall accident. Not only do you need to make sure your injuries are properly treated for the sake of your health, not following the advice of your doctors can make the insurance company suspicious that your injuries are not as serious as you’re claiming.
  4. Make notes throughout the process. First, write down everything you can remember and learn about the injury itself. Then keep track of your physician visits and all medical treatments, and the daily status of your injuries. Also keep track of any loss of wages due to an inability to work.
  5. Stay off of social media. Thoughtless updates on Facebook or Instagram can be disastrous for personal injury litigation. Don’t do the opposing side’s job for them.