Slip and Fall Facts
Did you or a loved one suffer an injury because you slipped and fell on someone else’s property? Consider contacting an attorney to review the circumstances of your case. If legal action is required, LawCapital can possibly help ease the financial gap that your injury may have caused. Ask us about pre-settlement financing to carry you through the time between the start and settlement of your claim.
A slip and fall injury occurs exactly as it sounds. If a person slips or trips and falls at a location under the control of another person and is injured, the situation is referred to as a “slip and fall injury.” As the general population ages, the incidence and severity of fall injuries increases.
According to the National Center for Injury Prevention and Control, a division of the National Centers for Disease Control (CDC), in 2005, 15,800 people 65 and older died from injuries related to unintentional falls; about 1.8 million people 65 and older were treated in emergency departments for nonfatal injuries from falls, and more than 433,000 of these patients were hospitalized.
Whether a slip and fall injury is just an unfortunate accident or a lawsuit often depends on where the event occurred. The person(s) in control of a property have a duty to keep the premises free of known hazards, or to reasonably warn users of a known or suspected hazard. Most often, this means keeping pedestrian walkways clear of ice, moss, excessive water, or other substances that would prevent a normal person from maintaining sufficient traction while walking. For a more detailed description of property owner responsibilities, please see our premise liability section. If the injury happens at your workplace, a workers compensation claim may apply, as well.
Labeled the “mother of all slip-and-fall cases” by the New York Daily News, Supreme Court Justice Jack Battaglia filed suit against the City of Brooklyn and a janitorial team. The claim seeks $1 million in damages.
Justice Battaglia fractured his knee when he fell on a freshly-mopped floor in November 2007. The wet floor was outside room 452 in his own courthouse. Results of the fall required knee surgery and physical therapy. Long-term effects of the injury include limited flexibility in the joint, difficulty walking, and usage of a cane.
Many people that are involved in slip and fall lawsuits eventually face financial hardships. Many can’t work and the legal process is long and drawn out. Some cases take many years to resolve. LawCapital specializes in the funding of settled and pre-settled slip and fall lawsuits. During the funding process, LawCapital requests some of the case documentation, underwriting evaluates the lawsuit to determine whether funding can be extended, and if approved, a contract is issued for the injured party and his/her attorney to sign. The injured party’s attorney then repays the lien when the case is resolved. All funding is non recourse, which means that if for any reason, there is no recovery on the case, then no money is owed back.