Why Not Hire the Best Attorney to Handle Your Slip & Fall Case?
Joseph Monaco has personally handled thousands of slip, trip and fall cases throughout his over 30 year career resulting in large cash settlements and verdicts for his clients. He is a licensed trial lawyer dedicating his career to helping personally injury victims and families of wrongful death victims. When you need the best attorney representing you, Joseph and his legal team are second to none. They will fight to get you the monetary compensation you and your family deserve to achieve justice.
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Helpful Information for a Slip ands Fall Case
Why Monaco Law PC is the Best Law Firm to Handle Your Slip and Fall Lawsuit
Monaco Law PC is the best for a reason. We are a state of the art law firm utilizing the latest technology and trial techniques for our clients. Our staff consists of highly trained professionals who work together to maximize your slip and fall lawsuit’s monetary cash award.
Our dedicated team stays on top of the latest legal strategies to keep our skills sharp and leading edge. Joseph Monaco partakes in continuing legal education to be the best he can be. He will personally meet with you to handle your slip and fall lawsuit and will craft winning strategies to achieve justice.
When you initially meet Mr. Monaco, you will know immediately that you made the best decision. As a second generation slip and fall trial attorney, he knows how important personal relationships are for successful legal representation. You will leave the first meeting feeling at ease and knowing your rights will be protected by a dedicated professional, who understands the concerns and anxieties of hard working families, who just want a fair shot in life, and who never anticipated having their lives disrupted by becoming a personal injury or wrongful death victim.
What To Do After a Slip & Fall Accident
Most people feel embarrassed after they fall despite a dangerous condition being the cause of it. However, the best course of action after a fall is to overcome the sense of embarrassment and gather your thoughts, so you can take the necessary steps to preserve evidence needed to prove the negligence of the property owner, manager, renter or landlord.
Here are some of the best fundamental evidence gathering techniques that should used after a slip and fall accident:
Inspect the Scene
If you do not look afterwards to determine what caused you to fall, YOU WILL NOT HAVE A CASE. If you are too injured to look yourself, then ask a witness at the scene to look for the dangerous condition that caused the fall. There are many dangerous conditions that can lead to a slip or trip and fall such as a store having a display where a customer could trip, water or other slippery substance on the floor, a cracked, uneven parking lot or sidewalk, or snow and ice not being salted or shoveled. Did the facility let too many people in to shop or view a concert? Did falling merchandise cause you to lose your balance? Th are many unique situations that can serve as a basis of fault for a slip and fall incident.
Take Photographs and Request Any Surveillance Videos
A jury can listen to witnesses describe what happened but photographs and videos are the best and most effective evidence. You or a witness should take photographs of everything including the scene, your injuries and witnesses. Also, report your fall and request that video surveillance evidence be preserved. Your smartphone is the most valuable tool after a fall. Take as many photographs and videos as you can including witness driver’s licenses or other forms of identification.
Identify and Speak with Witnesses
Witnesses are critical to verify your version of events. If your slip and fall happens at a commercial property, other patrons might have observed your fall or the condition that caused the fall earlier. Unfortunately, it is very common for fall victims to not get the names of the individuals who assisted them after a fall. The best practice is to ask witnesses for their contact information including name, phone number, email address and home address. Taking photographs with your phone of contact information is a simple way to make sure the information does not get lost.
When you work with Monaco Law PC, we follow up with the witnesses quickly to get the full story of what occurred. When necessary, we will have them prepare a detailed statement in writing to preserve their memory. Having witnesses in your corner will help prevent the big insurances companies from trying to undermined your rights.
Report the Fall to Management
Most businesses have standard procedures they follow to document a claim of injury. Having the fall victim complete an Incident Report is a common practice. As the person who fell, it is best to complete the form but be as brief and concise as possible. Preparing a report provides proof that the location is on notice of your fall and that they should preserve any surveillance video. Most businesses such as retail stores and restaurants have security cameras. If video evidence of the fall is destroyed, this could be used against the property owner in Court. This is known as spoliation of evidence which could lead to evidentiary sanctions at trial.
Write Things Down
Memory can fade before you know it. Jotting things down by creating a simple outline of what occurred can be very helpful. Make note of the evidence you gathered and the extent of your injuries, pain, and symptoms. Monaco Law PC will then help you put it all together to pursue your case.
Seek Medical Attention
It is very important that you get evaluated by a medical professional soon after your fall. This is important for your own personal well-being in addition to being the first step in documenting your case. It is common for the big insurance companies and retail outlets such as Walmart and Target to scrutinize your injuries by saying they were pre-existing or minimal because there was a delay in seeking medical treatment.
Also, the full extent of your injuries may not be readily apparent immediately after your trip or slip and fall. If you have head trauma, you may not be aware that you suffered a concussion or other traumatic brain injury. Pain from whiplash can also be delayed several days or even weeks following a trauma.
Hire an Attorney As Soon As Possible
Big insurance companies and businesses such as McDonald’s and Home Depot are in the business of earning big profits. Given such, their goal is to pay as little as possible in slip and fall or other injury cases. They like to get in touch with victims before they hire an attorney to record the victim’s version of events before they had a chance to gather their thoughts. When you work with Monaco Law PC, we will handle every aspect of your claim including communicating with the other side. We have over 30 years of experience handling hundreds of slip and fall cases. We know what it takes achieve a maximum monetary award.
You should contact Monaco Law PC as soon as possible by phone, text or our case submission form in this website. The sooner Monaco Law PC can guide you through the necessary steps following a slip and fall accident, a better chance of success will be achieved. We can maximize your monetary award while minimizing your stress from the hardships created by being a slip and fall injury victim.
What are Common Slip and Fall Injuries?
- Broken bones
- Nerve damage
- Ligament and tendon injuries
- Cuts and bruises
- Post Traumatic Stress Disorder
- Herniated discs
It is very important that you receive the medical attention your injuries require. Payment of your medical bills should be done through your own health insurance coverage. Although the fall may have been caused by the negligence of the property owner, they will not pay your medical bills as they come due, but rather part of a lump sum settlement. Some insurance policies have a minimal amount of coverage called Med Pay that can pay bills earlier in the process but this should not be relied upon to determine the medical care you will be receiving.
How Long will it Take my Case to Settle?
This a very common refrain from slip and fall injury victims beginning the process of seeking justice for their needlessly caused injuries. Unfortunately, the hard truth is that most cases take years to resolve, and any trial lawyer who tries to tell you otherwise is simply working to hustle the case. It is the exception for a case to get resolved in less than a year.
This then begs the question: Why do they take so long?
The simple truth is that cases are rarely in a position to get settled in less than a year because victims are still seeking medical treatment for their injuries. You cannot settle a case until the full extent of the client’s damages are known including the amount of past or future lost wages and medical bills and the final medical prognosis. But even when the nature of the case reaches a point of predictability, the big insurance companies work to delay settlement payouts as long as they can. This results in countless lawsuits needing to be filed with the local state or federal courts, which then leads to the assignment of an insurance defense lawyer, who sees billable hours in their horizon. This all causes needless delay, and frustration on the part of the injury victim.
Most cases resolve with a monetary cash settlement but they still have to make their way through the court system. This is why you need a seasoned slip and fall attorney protecting your interests. Ultimately, the choice between a settlement or trying the case is up to the client. However, Monaco Law PC will make sure you have all the information you need to make an informed decision. We are here to make the process as smooth as possible.
With the unique nature of slip and fall cases, it is important that you hire an experienced slip and fall attorney as soon as possible. Do not wait to call Monaco Law PC at 888-992-3166 for a Free Consultation.
What Laws Govern Slip and Fall Cases?
To prove fault of the property owner or possessor, you need evidence establishing proof of a negligence cause of action.
The Defendant Must Control the Land or Property
It is not always straight forward who is responsible for maintaining a property. Many locations are controlled by a written lease that will address responsibility. It could be that responsibility lies with the landlord or tenant, or both; or the premises owner or property manager; or a vendor who built or repaired the property carelessly. Sidewalks could be the responsibility of the township or abutting property owner. Any entity with possession or managerial control could ultimately be held responsible. Given the complexities of slip and fall cases, it is extremely important that you hire Monaco Law PC as soon as possible to obtain the best legal representation.
The Fall Victim Usually Must be an Invitee or Licensee
When a fall happens at a business, the victim will usually be deemed an invitee, who is owed a very high duty of care including the requirement that the property be actively inspected for dangerous conditions. A licensee is a social guest or visitor who is allowed on the property for non-business purposes. This can be a house guest or someone walking along a public sidewalk. In slip and fall cases, trespassers are normally not owed a duty of care but there is an exception for children who are drawn to the property by a specific feature. This is known as an attractive nuisance case.
There Must be Fault on the Part of Property Owner or Manager to have a Case
To be held liable for a fall victim’s injuries, the defendant must be negligent or reckless in their control of the property. The claimant must establish that the property had a dangerous condition that could have been repaired or warned about. Violating health and safety codes can be a very effective way to prove negligence. Failure to repair, lack of warnings, insufficient security, or other failures can be sufficient grounds to prove negligence as well.
HIRE MONACO LAW PC
When the Monaco Law PC team handles your case, you will receive the best legal representation possible. We will work closely with investigators, medical providers and liability experts to prove your case. Our slip and fall team is experienced, knowledgeable, and accessible. We put the client first along with having the reputation for getting results. Call 888-992-3166 for a Free Consultation.