Slip and Fall FAQs

Life was going mostly as planned…until it wasn’t. Your feet suddenly went out from under you and you hit the ground. Shock, confusion and pain were the immediate result.

So many things happen to your body and brain immediately following an accident. Adrenaline and endorphins flood your system, making it hard to evaluate anything objectively. You may or may not have had assistance getting back up, and could have needed emergency medical care.

In the aftermath, as you started realizing the extent of your injuries, questions began to emerge. We’re happy to meet with you one on one to answer individual questions and help you evaluate your options going forward, but here are answers to the slip and fall questions we receive most often.

What are the Most Common Slip and Fall Causes?

We use the term “slip and fall” in any personal injury situation where someone slips, trips or otherwise loses their balance and becomes injured while they’re on a property they don’t themselves own. It’s a common accident type most often caused by the following:

  • Wet floors – Spills or freshly mopped areas are slick.
  • Uneven surfaces – Loose floorboards, wrinkled mats, unmarked high points and worn carpet can all throw people off.
  • Electrical cords or debris – Extension cords or charging cables shouldn’t be in walkways. Nor should clutter.
  • Low lighting – Poor illumination makes it hard to see where you’re placing your feet and what might be in the way.
  • Stairway defects – If steps are warped, the handrail isn’t secure or stairs have other defects, it could lead to a slip and fall.
  • Staff error – when workers don’t follow safety protocols, accidents happen.

What Types of Slip and Fall Injuries Require Legal Representation?

If you mostly just injured your pride, you probably don’t need an attorney after a slip and fall. However, if you had an injury that led to doctor bills and your fall was caused by someone else’s negligence, you shouldn’t have to pay for something that wasn’t your fault.

If you have a minor fender bender when another driver runs a stop sign and no one was hurt, it’s easy to prove who was at fault and settle up whose insurance should pay for vehicle repairs. In a slip and fall case, it’s usually not so cut and dried. Most of the time, property or business owners aren’t going to want to pay if they can get out of it. They will often argue it was the injured party’s fault, and that the injuries might not be as bad as claimed.

An attorney can establish fault and help you be in a position to receive a fair settlement. He or she will do that by investigating how the injury occurred, connecting the accident and your injuries to what the other party did or didn’t do to ensure public safety, and prove the losses that occurred as a result.

How Do I Know if it was My Fault?

The property owner or their employee might be responsible for your slip and fall if one or more of the following is true:

  • The owner or their representative caused the condition that led to your fall (for example, they spilled something or stretched extension cords across walkways).
  • The property owner or staff member knew about a dangerous condition and didn’t fix it or post a warning (example: they left a handrail loose or failed to address warped stairs).
  • The owner or employee should have known about and addressed dangers because a reasonable person would (example: the roof leaks every time it rains and makes a puddle in the same spot, and a reasonable person would think about the fact wet floors cause slip and fall injuries).

What Types of Damages Can I Recover After a Slip and Fall?

Monsour Law Firm’s personal injury attorneys can help you pursue compensation for the costs associated with a slip and fall accident. That could include the cost of emergency room treatment, hospital stays, follow-up visits, physical therapy, prescription medication, medical equipment, in-home care or any other expenses. If you had to take time off work or other activities because of your injuries, we can help you seek compensation for that too. We also help prove non-economic damages like pain and suffering, loss of enjoyment and emotional anguish.

If you were injured in a slip and fall accident, you’re sure to have more questions. Answers are available when you schedule a free consultation today.

How Much Will a Louisiana Personal Injury Lawyer Cost?

Should you hire a Louisiana personal injury lawyer, or can you represent yourself and avoid paying attorney’s fees? Almost everyone who hopes for compensation has asked themselves that question. It’s normal to wonder if you’d end up better off financially if you handle your own case or hire a professional.

How Personal Injury Lawyers Bill

If you talk to a lawyer about handling your divorce or helping you with estate planning, he or she is going to bill you an amount based on how much time it takes to complete your case. The lawyer or firm might ask for a set amount up front, then bill you an hourly rate for whatever comes up along the way. However, that’s not the way it works with Monsour Law Firm when it comes to personal injury cases.

Most personal injury lawyers work on a contingency basis. They’re contingent upon you receiving a settlement. With our firm, you don’t have to pay anything for us to take your case. You schedule a complimentary consultation; we talk about what happened and review your options. Then, if we both agree on how to proceed, our attorneys go to work representing you.

If you get a settlement, our fees come out of what you get paid. If you don’t get paid, we don’t either. But you never have to write us a check or dip into your savings to receive representation.

What About Legal Expenses?

Everything costs money, and sometimes taking legal action costs a lot of money. We don’t ask clients to pay out of pocket for expenses related to their case. For example, in order to investigate and prove your case, our firm might cover the costs related to the following:

  • Medical records
  • Filing fees
  • Postage for sending documentation
  • Investigators and medical experts
  • Legal and medical transcripts
  • Witness depositions

When you receive a settlement, we get reimbursed. Again, if you don’t receive a settlement, you owe nothing.

Do People Actually Get More by Hiring a Lawyer?

In rare cases, when a claim is small and a case is straightforward, an individual might be better off negotiating with insurance themselves to avoid paying contingency fees. The thing is, personal injuries are rarely small and straightforward. And insurance companies have a lot of tricks up their sleeves when it comes to trying to get out of paying claims.

In case after case, people receive more when they hire a personal injury lawyer, even after they pay fees. Usually several times more than people who represent themselves with similar claims. That’s because we know the tricks insurance companies try to pull, and we don’t let them get away with it. We also know what personal injury claims are worth, and we don’t settle for less.

We also know if you’re reading this, you’re not “most people.” You’re an individual who experienced trauma. Your case is unique. That’s why our Louisiana personal injury lawyers would like to meet with you one on one.

Let’s talk about what happened, what steps are available and how much you might expect to receive when it’s all said and done. Then you can decide what comes next. Click here to schedule a complimentary consultation.

 

 

Can You Sue for Food Poisoning?

It happened without warning, and it was one of the most uncomfortable events you’ve ever experienced. Something you ate or drank turned your body inside out, making you violently ill. Your life was disrupted, and for a time there was nothing you can do about it. If what happened to you could have been avoided, you might be wondering if you have a right to compensation. Let’s talk about what happens when food poisoning occurs because of someone else’s negligence.

Signs of Food Poisoning

Food poisoning symptoms can start anywhere from hours or days after you ingest contaminated food. Signs could include

  • Aching or cramping stomach
  • Nausea and/or vomiting
  • Fever
  • Diarrhea

Some toxins also attack the nervous system, producing symptoms like weakness, paralysis, skin rashes, confusion or seizures. Food poisoning symptoms can be anywhere from mild to extremely severe. In some situations, food poisoning can kill you.

Food Poisoning Causes

Food poisoning is caused by bacteria or toxins in food or beverages. The types that most often make the news are E. coli, salmonella, campylobacter, listeria and Hepatitis A. Food poisoning can also occur because of insecticides or parasites. And, sometimes people eat things that are naturally toxic like some mushrooms, nuts and berries.

When the problem is caused by people, the toxic substance can get in food or drinks at any point, from growing to harvesting to storage to preparation and serving.

Food Poisoning and Personal Injury Claims

Can you sue for food poisoning? It depends. Here are a few reasons it’s complicated:

  • As stated above, sometimes food poisoning symptoms occur soon after eating something, but it can also take days. People usually eat and drink multiple things in that window. It can be hard to pinpoint what caused the reaction.
  • For most people, food poisoning can cause some pretty rough hours or days, but then it’s over. While it’s terrible to have to go through, there’s no long-term damage and the compensation they’d receive isn’t enough to cover the cost of a lawsuit.
  • To receive compensation, it’s necessary to prove the responsible party is liable. It can be hard to prove sickness occurred because a cook didn’t wash their hands or a taco truck undercooked meat days after the fact.

Individuals are more likely to have a good outcome when a lot of people are affected or when the situation is in the news. For example, if multiple patients seek medical treatment for food poisoning and it’s found they all had a chicken sandwich from the same restaurant, it’s easier to identify what might have caused their symptoms.

Or, if a grocery store chain makes news because an inspection revealed improper food storage methods and consumers got sick after eating those foods, the connection between the store and the illness is easier to prove.

When to Talk to an Attorney

If your food poisoning required hospitalization, it’s a good idea to talk to an attorney about your case. Sometimes food poisoning leads to a tragic death. In that situation, surviving family members can seek compensation on behalf of their loved one.

Monsour Law Firm has personal injury offices in Tyler, Texas, Shreveport, Louisiana and Longview, Texas. If you’ve experienced a significant personal injury, call our firm for a free consultation or click here to schedule online.

My Family Member Was in a Motorcycle Accident – What Now?

When you have family members who ride, one of your worst fears is having something happen to them while they’re on their bike. If you received word that fear came true, we’re truly sorry for what you’re going through. There really are no minor motorcycle accidents.

Often we get calls from family members, often a wife or parent, in the hours or days after an accident. If their loved one was injured, they have no idea whether that person will ever be okay again and what the future looks like. Unfortunately, sometimes we also hear from family members after a motorcycle accident claims a life. We’re available to talk one on one, but here is general information on what to do after a family member is in a motorcycle accident.

When Your Family Member Was Injured

After a rider is rushed to the hospital, family members have a lot of unanswered questions. What will be needed for their recovery? How much are the hospital bills going to cost? Will the rider ever fully recover? What needs to happen with the wrecked bike? What should you tell the rider’s employer? How can you help ease the pain they’re feeling?

At that point, do schedule a free consultation with our motorcycle accident attorneys. Do provide the hospital with your loved one’s health insurance information (not their auto insurance). Also, do contact the insurance agency that covers your motorcycle and let them know there’s been an accident.

Don’t talk to the other person’s insurance company. Don’t give your own vehicle insurance company any more than the facts you’re absolutely sure of. If you’re not sure what happened, it’s much better to say you don’t know than to try to fill in the blanks or make suppositions.

Also, try not to let your mind run too far ahead. Be there for your loved one and focus on helping them with their immediate medical needs. Take notes on what healthcare professionals say, what treatment they administer and how your loved one seems to feel from one day to the next.

After a Motorcycle Accident Fatality

The most recent data provided by the U.S. Department of Transportation’s National Highway Traffic Safety Administration says in 2019, 5,014 motorcyclists died in bike accidents. Sometimes motorcycle accidents happen because of something unavoidable like a sudden storm that makes it hard for the rider to see. More often, accidents happen because someone isn’t driving responsibly.

When that leads to a fatality, family members are devastated. The most important thing to do is to take care of yourself. Reach out to friends and family members in your support system. Consider talking with a therapist. And, when you’re able, talk to a lawyer about what type of legal support you might need.

If the accident was caused by someone else’s negligence, certain family members can recover damages for the motorcyclist’s medical bills and funeral costs. They can also receive damages for the companionship and support, along with the income they would have had if their loved one hadn’t died.

In Texas, the deceased’s spouse, parents or children can file a wrongful death lawsuit. In Louisiana that task falls to the surviving spouse or surviving children, and in some cases it may be available to other family members, or to the executor of the estate.

If you lost a loved one in a motorcycle accident, you need legal representation. No one should have to deal with their grief and loss and also have to think through issues that have long-term repercussions after that kind of tragedy. When you’re ready to talk, we’re here to help. Call (903)999-9999 or click here to schedule a complimentary consultation.