Frequently Asked Questions

  • Page 53
  • If I file a defective product claim, what should I expect the other person/group to argue against my claim?

    The person or group you file a claim against will likely argue that the injury was not caused by the defect. They will probably claim the injury was your fault, and you should not recover any compensation for your own negligence.
    Another form of this argument is to proclaim that, when the injury occurred, you were not using the product in its intended manner or it was not foreseeable to the defendant that you would use the product in such a manner when you suffered your injury.
    Arguing that you failed to operate the product with due care is called comparative negligence or comparative fault. A successful claim of comparative fault could reduce your claim but if you have a sound case, you can still recover. In addition, if the comparative fault attributed to you is not connected to the accident or your injury, it may not be applicable.

    For example, if you were intoxicated while driving a car which had defective brakes. If you were involved in an accident because the brakes malfunctioned, your intoxication may not be considered a cause of the accident and your injuries.



    PA

  • I suffered an adverse reaction from the prescription medication provided by my doctor. Do I have a case?

    If you receive the wrong medication for a condition or the wrong combination of medications and suffer an adverse side effect or injury, a medical malpractice claim could potentially be brought against the doctor who prescribed the medication. Claims could also be brought against the hospital where the treatment occurred and/or the pharmacist who filled the prescription drug.

    A medical malpractice claim in this situation could be based on a breach of the standard of care. In addition, you could file a claim against the pharmacy for the medication error. For example, if the injuries were caused by the manufacturing or marketing of the drug, you may be able to file a claim against the pharmaceutical company and/or retailer.

    About the editors: The motto at Shapiro & Appleton law firm is simple -"All we do is injury law." We hope you were able to find the answer to your injury query. If not, please review our North and South Carolina Accident Attorney FAQ library for additional information. If you'd like to speak to an actual attorney about your potential injury claim for free, please contact our office at 1-800-752-0042.

     

    PA

  • What needs to be done after a slip and fall injury?

    The first thing you need to do is inspect the area where you fell. Important questions to try and answer include: What caused you to fall? Did anyone see you fall?

    Get the phone number and e-mail of anyone in the general area where the incident occurred - both those who saw you fall, and others who were there after the fall - since they may be needed as witnesses on your behalf if the landowner potentially disputes your claim. Even if no one saw you actually fall, an individual could help describe your pain and the conditions of the area immediately after you fell.

    If the incident occurred in a store or place of business, immediately speak with the manager or supervisor on duty. Have them document the incident, and get a copy of anything prepared by the business. If anyone suggests this type of incident occurred before, or they were aware of the condition before your fall, make a note and get the name and contact information of the individual who made that statement. This would potentially imply prior knowledge of the dangers associated with the area where you fell.

    Even if the condition that caused your fall is permanent, or temporary (i.e. icy street), take photographs of the area as soon as possible so a record is available. Even"permanent conditions" could change if the landowner thinks you might file a claim for an injury.


    PA

  • What if I slip and fall on my landlord's property, at work, or at a public location like a mall? How does the location affect my claim?

    Property owners should have some form liability insurance in the event someone is injured on their property.

    You need to speak with an attorney regarding the severity of your injury and whether liability can be determined. An experienced attorney, like those working for Shapiro & Appleton would investigate and research who the responsible party is, and get details about the insurance coverage of the other party or their carrier that they may not be willing to provide to you directly.

    A slip and fall injury commonly occurs at an apartment building. If the slip and fall injury occurred in a common area where the landlord has control such as a hallway, parking lot, elevator, etc. the landlord may be liable.

    On the other hand, if the tenant who slipped and fell created the danger such as leaving items around the stairwell and it impedes another individual, then the tenant is liable.

    As a tenant, you may be liable for injuries if someone slips on a loose and worn-down carpet in your apartment. Nevertheless, the landlord may share responsibility if they were aware of the loose carpet and failed to fix it.

    Do not hesitate to make a claim against your landlord for fear of disturbing the relationship or facing eviction. This is a good reason why you need to get an injury lawyer to handle the matter more objectively.

    Injuries at the workplace potentially have additional complications. In some instances, you can't sue your supervisor.

    A slip and fall injury at a public mall could be challenging when trying to determine who is at fault. This is because there are various levels of ownership and management. For example, there may be a store owner, a mall management company, and a corporate ownership entity. Again, an experienced attorney would be extremely helpful in determining which entity or company is at fault.

    About the editors: The motto at Shapiro & Appleton law firm is simple -"All we do is injury law." We hope you were able to find the answer to your injury query. If not, please review our North and South Carolina Accident Attorney FAQ library for additional information. If you'd like to speak to an actual attorney about your potential injury claim for free, please contact our office at 1-800-752-0042.



    PA

  • What exactly are "slip and fall" and "trip and fall" injuries?

    A "slip and fall" or "trip and fall" is the term used for an injury occurring when someone slips, trips or falls as a result of a dangerous or hazardous condition on another person's property. Slips, trips, and falls commonly occur as a result of water, ice, snow, changes in flooring, poor lighting, or a hidden hazard.

    Over eight million people were injured in falls in 2004, according to the National Center for Injury Prevention and Control. A majority of slip and fall injury victims are over the age of 65. In 2005, over 15,000 people age 65 or older died from injuries attributed to a fall, according to the Center for Disease Control. Roughly 1.8 million age 65 and older were treated in emergency rooms for fall-related injuries, and over 433,000 of these people were hospitalized.

    If you are on someone else's property and are injured as a result of a dangerous condition on the property, the landowner may be liable for the injury or injuries. The person or company using the land can also be liable, like the store,restaurant or business renting the building,if they were the ones at fault. The injured person must show that the land owner or user did something wrong to hold them responsible, like that they created a danger, failed to inspect the premises, or carelessly failed to warn of a hidden hazard.

    About the editors: The motto at Shapiro & Appleton law firm is simple -"All we do is injury law." We hope you were able to find the answer to your injury query. If not, please review our North and South Carolina Accident Attorney FAQ library for additional information. If you'd like to speak to an actual attorney about your potential injury claim for free, please contact our office at 1-800-752-0042.


    PA

  • If I file a lawsuit against a landowner in response to a slip and fall injury, what will landowner potentially argue against my claim?

    The most common argument used by property owners in a slip and fall injury case is that even though you were injured on their property, they should not be held responsible.

    If the hazardous condition was temporary such as an accumulation of water after an ice storm, owners usually argue that the conditions occurred so soon before the slip and fall incident that they could not have prevented it.

    They can also argue that a dangerous condition was so open and obvious that you should have seen it and, therefore, they are not at fault.

    You should also expect the land owner, or the owner's attorney, to argue that you fell because of carelessness, inattentiveness, or even being intoxicated at the time of the injury.

    These arguments are why you need an experienced injury lawyer who can represent you and challenge any erroneous accusations made by the land owner or their attorney.

    About the editors: The motto at Shapiro & Appleton law firm is simple -"All we do is injury law." We hope you were able to find the answer to your injury query. If not, please review our North and South Carolina Accident Attorney FAQ library for additional information. If you'd like to speak to an actual attorney about your potential injury claim for free, please contact our office at 1-800-752-0042.


    PA

  • What should I not do after I've suffered a slip and fall injury?

    Be very cautious if you're asked to sign any statement from the property owner or ownership entity regarding the incident. If there are any errors or inaccuracies, you may be accused of claiming an incomplete or misleading representation of the slip and fall. If you do provide a statment, get a copy for your records and provide it to your attorney.

    Choose your words carefully. Statements such as, "I'm just clumsy. It was probably my fault" would hurt your slip and fall claim, even if it turns out that others were at fault.

    If the landowner has insurance, a claims adjuster will probably call you to take a statement over the phone. Before providing a statement to an adjuster, or a statement to the land owner, you should speak with an injury lawyer to discuss your situation.

     

    About the editors: The motto at Shapiro & Appleton law firm is simple -"All we do is injury law." We hope you were able to find the answer to your injury query. If not, please review our North and South Carolina Accident Attorney FAQ library for additional information. If you'd like to speak to an actual attorney about your potential injury claim for free, please contact our office at 1-800-752-0042.


    PA

  • What happens if I injured myself on my friend's property?

    If your friend is owns a home, they probably have some type of homeowners insurance in order to protect themselves in case someone gets injured on the property.

    If your friend is a renter, they may have renters insurance, or some type of "umbrella coverage," for the same protection. "Umbrella coverage" is an extension of an individual's home or auto insurance. In addition, if your friend is a renter, the land owner probably has insurance coverage for claims arising from injuries on the property.

    About the editors: The motto at Shapiro & Appleton law firm is simple -"All we do is injury law." We hope you were able to find the answer to your injury query. If not, please review our North and South Carolina Accident Attorney FAQ library for additional information. If you'd like to speak to an actual attorney about your potential injury claim for free, please contact our office at 1-800-752-0042.



    PA

  • Should someone take photos and get phone numbers at the scene of the accident?

    Yes. You or your passengers are likely going to have a cell phone with a digital camera built-in. Whomever is not seriously injured needs to take pictures of the damage to the car that caused the wreck, and some pictures of your car. Disappearing witnesses are a huge problem in car accident injury cases. Police officers do a good job of responding to the crash, but if they know that the at fault driver has given a statement they are generally not concerned about locating other witnesses that may support the magnitude of the car crash or the issues of who was at fault. If you are able to get around, try to get a phone number of any witness who is milling about the scene. Once they get in that car and leave, you are likely never going to find their phone number. If you have no access to a pen simply call your own cell phone and leave yourself a voice message with their phone number or license plate number or both.

    About the editors: The motto at Shapiro & Appleton law firm is simple -"All we do is injury law." We hope you were able to find the answer to your injury query. If not, please review our North and South Carolina Accident Attorney FAQ library for additional information. If you'd like to speak to an actual attorney about your potential injury claim for free, please contact our office at 1-800-752-0042.

  • Do I have a case if a ticket or citation was not issued by a police officer?

    Yes. There is no requirement that a ticket or citation be issued in any car accident personal injury case. Under the civil justice system, the injured person typically just needs to prove by the greater majority ("greater weight") of the evidence that the other party was the cause of the accident and injuries.

    Even more significantly, most states do not even allow into evidence in a personal injury case whether the police officer issued a ticket or citation to the responsible driver that caused the crash. In some states, the only exception to introducing evidence of a traffic/criminal ticket issued to the responsible driver is if that driver actually pleads guilty or mails in the ticket accepting responsibility-then that evidence is admissible.

    Sometimes a police officer just doesn't feel comfortable saying which driver is at fault, but once we interview a client and investigate the crash, we often become highly convinced that our client is free of fault and have accepted many injury cases over many years where no ticket was issued.


    About the editors: The motto at Shapiro & Appleton law firm is simple -"All we do is injury law." We hope you were able to find the answer to your injury query. If not, please review our North and South Carolina Accident Attorney FAQ library for additional information. If you'd like to speak to an actual attorney about your potential injury claim for free, please contact our office at 1-800-752-0042.


    PA