Slip and falls can happen to anyone. Even the former first lady.
If you heard that former first lady Hillary Clinton was injured on a recent trip to India, certain presumptions might spring to mind. You've heard stories about India's extreme heat and pollution. You may remember the 2008 attacks on high traffic, public destinations in Mumbai. Perhaps you've seen pictures of India's dangerous driving conditions. With all of these factors in mind, it might seem to you that just going outside could put your safety in jeopardy.
It might surprise you, then, to learn that Hillary Clinton's injury wasn't incurred in any of these ways. It occurred in her own hotel room. The former first lady slipped and fell in the bathtub of the Umaid Bhawan Palace, fracturing her wrist. The incident is a reminder that injuries can happen anytime, anyplace--even under seemingly benign conditions.
Although Ms. Clinton attributes the accident to clumsiness and is not taking legal action against the hotel, it begs the question whether such an incident could warrant a premises liability lawsuit. "Premises liability" refers to the legal responsibility of a property owner to keep its guests safe from harm. If injury occurs on the property, the injured party could file a lawsuit against the owner if they can demonstrate that:
- The owner is responsible for maintaining the property,
- The injured party had permission to be on the property and
- The owner did not make a good faith effort establish safe conditions.
Hotels have an obligation to provide a safe space for their guests. In the case of this accident, if the hotel failed to install handrails or anti-slip treads on the base of the tub, for example, the case could be made that the hotel was negligent in taking adequate steps to prevent injury.
We all run the risk of getting injured every day of our lives. However, if you suffer an injury on someone else's property, you may have grounds to take legal action and receive compensation.
Injuries on the way to work: Your rights in New York
Brooklyn is a beautiful area, but it would be a lie to say that it doesn't have its dangers. Sidewalks in disrepair, rough staircases and landscaping that needs attention can all create hazards that could lead to people getting injured.
As someone hurt on a walk to work, it's a good idea to know your rights concerning your injuries. If you were injured because of a property owner's negligence, then you may have a case and be able to receive compensation to cover your losses.
There are many ways to get hurt in the area. Here are a few that you need to watch out for.
1. Traffic accidents
As a pedestrian, you don't have protection against other vehicles on the roads. As a result, if a driver isn't paying attention, you could be struck and face serious or fatal injuries. To prevent this kind of crash from impacting you, always check the roadway in both directions and stay alert no matter where you are. Drivers have been known to drive onto sidewalks and into crowds. If you're paying attention, you could save yourself or someone else.
2. Damaged walkways
With construction, sidewalks and walkways sometimes end up damaged. You could slip, trip or fall on the debris or cracks. If that happens, there's a risk of serious injuries, like head injuries or broken bones.
To avoid injuries from damaged walkways or those under construction, do your best to pay attention to the areas where you're walking. Avoid looking at your phone or being distracted.
3. Animal bites
Whenever you're around others, there's a potential to be exposed to their pets. Many dogs become leash aggressive, being more prone to attack others when they're on a leash. When approaching people with pets, ask before you pet them and keep your distance if the animal is shying away or appears aggressive. If you're concerned about a pet up ahead, cross the road for safety's sake.
With so many different ways to get hurt on your walk to work, it's always a good idea to stay off your phone and to keep your eyes open for hazards. Between vehicles, environmental hazards, people and animals, there are a multitude of risks that you need to avoid. By paying attention and staying focused on your surroundings, you can prevent serious injuries and get to work without getting hurt.
Frequently asked questions: Hiring a lawyer after a crash
Being injured in a crash often means that you face a long journey back toward the life you had before the accident. In some cases, you might not ever get your life to return to how it previously was.
One area of your life that might be impacted when you are injured is your financial status. The cost of getting into an accident can be high. There are bills for doctor visits, medications, therapies and other costs related to your recovery. You might also have to purchase a new vehicle or fix the one involved in the crash.
The good news in all of this is that you may be able to get help with these financial difficulties by filing a personal injury claim. A seasoned personal injury attorney can help you learn more about this process and start the legal ball rolling. Below are a few things to remember when retaining an attorney after a crash.
Why should I hire a personal injury attorney?
The laws governing personal injury cases are complex. When you opt to make a claim for personal injuries, you must ensure that your case meets all the legal requirements. By hiring a personal injury attorney, you can take the guesswork out of the process.
Additionally, you can focus on healing while the attorney addresses the legal aspects of your case. Your lawyer can investigate the incident and work on solidifying the evidence needed to secure compensation. Many personal injury attorneys utilize consultants like accident reconstruction experts, medical personnel and other professionals to find and validate the facts of your accident claim.
How are these attorneys paid?
Most personal injury attorneys are paid on a contingency fee basis. This means they only get paid if you win your case. Instead, they keep a portion of the settlement or award. In most cases, a fee of one-third of the recovery is considered standard. Filing fees and similar costs are usually absorbed by the you, however, regardless of the outcome of the case.
What should I look for in a personal injury lawyer?
You should retain an attorney with whom you feel comfortable and confident speaking to and working with. Retaining an attorney who is equally effective in negotiating a settlement or taking your case to trial is important since you don't know how your case will get resolved. Examining the lawyer's track record in cases that are similar to yours can also help you decide if he or she is the right attorney for you.
Injured in an accident? Don't forget to do these things.
Every time you leave home you are at risk of getting into an accident. For example, you could be part of a motor vehicle collision or a slip-and-fall accident.
While you can't live your life in fear, accidents still happen. If you are injured in an accident it's important that you know which steps to take, as well as a timeline for what you can expect in the days and weeks to come.
Before we discuss the steps to take immediately following an accident, it's important to note that your health is more important than anything else. So, even though there are things you need to do, seek medical attention if you need to and take care of your well-being.
Here are a few other steps to immediately take:
- Collect evidence. You want to collect any evidence that shows who was responsible for the crash. Photos of your injuries, property damages and the accident location only strengthen your case.
- Write down everything. Even if it doesn't seem important at the time, still include every last detail. That could be anything from what the other person said after the accident to how many days you had to take off of work.
- Collect witness information. Just as with other evidence, you should collect contact information of any witnesses. A name and phone number is best, as you may need to get in touch with these people as your case moves forward.
- Learn more about your insurance coverage. If you were involved in a car accident, you need to review your policy, contact your agent and file your claim.
Just because you are part of an accident does not mean you can make a personal injury claim. Some minor accidents only result in property damage, thankfully. However, if you sustained injuries or injuries develop in the days following the accident, you need to protect your legal rights at all times.
As you focus on receiving the right type of treatment, turn your attention to what happened during the accident and where you fit into the equation. This will help you better understand what to do next and how to hold the negligent party responsible for his or her actions.
Medical malpractice and pain and suffering compensation
When you go under the knife, the last thing you want is for something to go wrong. Fortunately, the consequences doctors face for such a lapse are often severe, so the precautions they take verge on the extreme. Still, medical malpractice happens, and should you fall victim to it, the effects could be lasting and painful.
While the medical expenses that stem from an occurrence of malpractice can be easily quantifiable, the lifetime of pain and suffering are often not. In the state of New York, you could be eligible for what are aptly called "pain and suffering" damages as a form of reimbursement.
What exactly are pain and suffering damages?
Pain and suffering damages mainly account for two factors:
- Emotional distress, which can include anxiety, depression, insomnia or other mental symptoms.
- Lasting physical pain stemming from the incident.
These are sometimes called "non-economic" damages, and are meant to compensate you in the event that your life has been irreparably changed due to medical malpractice. New York is one of the few states that do not limit these types of damages. Hypothetically a jury could rule that any amount is reasonable.
How does a judge or jury calculate pain and suffering damages?
Because they aim to compensate for things that are difficult to put a price on, pain and suffering damages can be tricky to calculate. Typically, a judge or jury will weigh a few aspects of the case in order to arrive at a figure:
- How will the injury affect the afflicted in the long term?
- What will the effects be for the party at home?
- Is the party facing an altered work life?
These, among other questions, are likely to enter a judge's or jury's thought process prior to the awarding of damages. Because medical malpractice cases are inherently complicated - particularly when pain and suffering damages enter the fray - it can be beneficial to seek legal counsel. The aftermath of a medical malpractice accident is often a stressful, painful time, and the guidance of an experienced attorney may prove instrumental to ultimately obtaining the compensation you deserve.