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Hip Injury Slip And Fall Case – Expert Advice

July 13, 2009

The following is an expert answer given by Slip And Fall Case Lawyer, Joseph M. Maus, and taken from AllExperts.com, a free Q & A service on the internet:

Subject: back/hip injury

Question: I fell in the grocery story 2 months ago. I have gone the the chiropractor and have now finished my sessions. I missed a couple days form work due to my injuries. I also sit down majority of the day due to the type of work I do, which makes my back hurt. I wanted to know the average amount to ask for in a settlement situation.

Answer: There is no "average amount" for a settlement in a slip/trip and fall claim.  The answer to your question depends on the law for slip/trip and fall accidents in the state you are in, and how bad your injuries are.  I specialize in slip/trip and fall cases but I am in Florida.  Laws vary from state to state so the law in Florida may be different than your state. Claims in Florida are evaluated based upon the degree of liability that exists against the store, the specific nature of the injury, the amount and type of medical care and bills that you have had, and that you may continue to require in the future, and the amount of pain and suffering you have experienced in the past, and future.  Lost wages and loss of future earning capacity can also be recovered in Florida.

Keep in mind, at least in Florida, just because a person falls in a grocery store, it does not automatically mean the store is responsible for injuries which result from the fall.  You have to be able to prove that the store knew or should have known of the dangerous condition that caused the fall, i.e. a puddle of water; or that the store acted unreasonably in maintaining their floors, i.e. never checked them on a periodic basis to make sure the floors were clear of spills and debris.  Generally, a store owner such as a grocery store only owes two duties to persons lawfully on the property – maintain the property in a reasonably safe condition, and to warn persons on the property of dangerous conditions that the person may not be able to appreciate themselves.

The best advice I can give you is to speak with an attorney that specializes in premises liability claims, i.e. a slip and fall case.  The attorney can advise you what the law is in your area for a slip and fall case such as yours.

You should contact an attorney in your area that specializes in premises liability claims (a slip and fall case).  Many attorneys say they do "personal injury" claims, but after asking around, you’ll find they take anything that walks in the door.  Ask how many claims like yours they have handled.  Ask them if they have tried any cases like yours.  If it is a large grocery chain, there are most likely other cases like yours which have occurred there.  In Florida, we have Albertsons, Publix and Wal Mart and you may want to approach each store in a different manner.

You should contact an attorney soon.  There are many steps your attorney should take now, i.e. notify the insurance company for the store, find out what types of coverage are available, preserve and obtain photographs, etc, that should all be done now.    

Most attorneys specializing in premises liability claims handle the claims on a contingent basis,i.e. their attorneys fee is a percentage of any money they recover for you, and offer a free, no-obligation consultation to discuss whether you have a viable case.  

For more information about a slip and fall case, contact Florida premises liability lawyer, Joseph M. Maus at 1-866-556-5529, visit his website at http://www.jmmlawyers.com, or email him today.

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