Philadelphia Slip-and-Fall Lawyers
Our Philadelphia slip-and-fall lawyer can help you get compensation for your injuries.
If you or a loved one has been injured or someone has died as a result of a slip-and-fall accident due to someone else’s negligence, fault, or failure to maintain property or correct hazards, you may be entitled to compensation for your losses through insurance or a lawsuit. To pursue that compensation, you should work with a skilled and experienced slip-and-fall lawyer. Pennsylvania laws regarding property liability are complicated; insurance companies will attempt to pay out as little as possible; and property owners will often try to put the blame for the accident on you.
The Pennsylvania slip-and-fall lawyers at Wapner Newman understand what you are going through and that you may be dealing with tremendous pain and medical bills at a time you are unable to work. We can take the burden off you by handling all dealings and negotiations with insurance companies, and the paperwork, court appearances, and legal hurdles involved with filing a lawsuit and getting you the compensation you deserve. We will aggressively fight to hold the negligent parties accountable and win a settlement that covers both your expenses and the pain and suffering from your injuries.
We offer a free consultation to discuss the facts of your individual situation and determine the best way to move forward with your case. We work on a contingency basis, which means you pay nothing unless we win, so call us today at (215) 569-0900 for your free, no-obligation case evaluation.
What Is a Slip-and-Fall Case and How Does it Work?
The term “slip and fall case” refers to a situation where a person slips, trips, or falls on a dangerous surface and suffers an injury. It is a common case in personal injury law, and it is part of a larger category of law that is known as premises liability law.
Property and business owners and managers are responsible for keeping their property in a safe condition to prevent harming others and to warn of any existing hazards. When they fail to do so and someone has a slip-and-fall accident on the property as a result, serious injuries such as broken bones, bruises, concussions, lacerations, brain injuries, or spinal cord injuries can result. Slip-and-fall accidents may result in long-term medical expenses, a loss of ability to work, emotional distress, and physical pain and suffering. Some tragic instances of slip-and-fall may even result in wrongful death.
What Our Slip-and-Fall Attorneys Can Do for You
Our slip-and-fall attorneys know the law, the system, and how to combat the tactics insurance companies use.
Landlords and their insurance companies have powerful attorneys on their side, and making mistakes can means you lose out on the compensation you deserve. It makes sense for you to have an attorney fighting for your rights to a fair settlement who understands how Pennsylvania personal injury and premises liability cases work. Our slip-and-fall attorneys at Wapner Newman know all the legal actions which need to be taken. We can help by:
- Listening to your version of what happened and determining who the at-fault parties may be and what your case may be worth
- Investigating the accident to determine who was at fault and gathering evidence such as police reports, medical records, previous complaints against a landlord, photos, and videos to find where another party was negligent and show why you were not at fault
- Identifying all defendants responsible for the accident
- Interviewing eyewitnesses and first responders
- Hiring expert witnesses to reconstruct what happened and other experts such as accountants and psychologists to show how your life and that of your family is negatively affected by the accident, what your future expenses may be, and to testify accordingly
- Dealing with insurance companies so you won’t have to and aggressively negotiating for a fair settlement
- Taking your case to court if an agreement with the insurance company cannot be reached.
To Win Your Case, Our Slip-and-Fall Injury Attorneys Must Prove Negligence
To win your slip-and-fall case, our attorneys will have to prove that someone else was negligent, at fault, and therefore liable for the accident. Slip-and-fall cases are complicated, because there may be multiple parties who can be held liable, such as:
- Multiple owners of a business or property
- Property managers, maintenance workers, and the companies they work for
- Municipalities, if you fell in a public place
- Employers who failed to keep a workplace safe for employees.
These parties have what is known as a duty of care to make sure the property they are responsible for is properly maintained to prevent injuries to others and to fix unsafe conditions in a timely manner. If they are negligent and fail to do so and you are injured due to this negligence, you have a valid slip-and-fall case.
Our attorneys will strive to prove that any or all of the parties responsible for upkeep of the property (the defendants in the case), were negligent and at fault, as they all may have insurance and assets that can go toward a settlement.
To win the case, your attorney must be able to establish that there was negligence by a defendant because:
1. The defendant had a duty of care to keep the property in a safe manner.
2. This duty was breached because there was a dangerous condition on the property that posed an unreasonable risk of harm.
3. The defendant knew or should have known about the condition and had time to remedy the condition but failed to do so.
4. This negligent failure to properly fix or warn about the defect caused your accident.
5. You suffered damages as a result.
Be aware that the defendants, their insurance companies, and their attorneys will try to shift liability and prove that you were careless and at fault for the accident. Or they may claim they were never notified of the risk or that they didn’t have enough time or resources to fix it before someone was injured. Our slip-and-fall lawyers are prepared to combat these arguments by the preponderance of evidence showing negligence.
Examples of negligence that lead to slips and falls include:
- Ice and snow were not timely removed from a walkway.
- Food or liquid was spilled on the floor and not cleaned up, or a mopped area was left wet with no warning signs.
- Floors and sidewalks are broken, cracked, have holes, or are uneven.
- Carpet or rugs are not secured.
- Stairs have broken or missing railings.
- Wiring crosses walking areas and creates tripping hazards.
- Lighting is inadequate to see where you are going.
No matter what the cause of dangerous premises, property owners have a duty to keep their premises safe for other people.
What Are a Property Owner’s Obligations?
The duty and obligation to make a property safe depends to some extent on your purpose for being on the property. The law defines your status as:
- a business invitee — someone who goes to a property for a business purpose. A business invitee is owed the highest standard of care, so operators must inspect their property and correct any dangerous conditions.
- a licensee – someone who has the owner’s permission to be on the property, but not necessarily an express invitation. There is a duty to correct or warn licensees about a known dangerous condition, but no duty to inspect the property.
- a trespasser – someone who goes onto a property but does not have permission. Unless deliberately trying to cause harm, the owner is not responsible for injury to trespassers.
Our Slip-and-Fall Law Firm Can Determine What a Fair Settlement Award Would Be
There are a wide range of injuries from slip-and-fall accidents, and settlement amounts range accordingly.
Since slip-and-fall accidents can cause injuries that range from a sprained ankle to paralysis or death, settlement amounts can vary accordingly and may range from thousands to millions of dollars. In determining what your case may be worth, our attorneys would carefully evaluate your expenses now and into the future.
Factors which would be considered in a settlement amount include:
- The severity and extent of your injuries
- Whether they will be permanent and require lifelong care
- Your lost earnings and whether you will be able to work in the future
- Whether death was involved
- How much insurance coverage and assets are available
- Whether the property was privately or government-owned
- The availability of evidence to prove your case
- The individual jurisdiction, judge, and jury if there is a trial, as some jurisdictions are more sympathetic to victims than others are.
In addition, the skill and negotiating power of your attorney and law firm are important. At Wapner Newman, we have the knowledge and experience necessary to evaluate what your case is worth, to negotiate efficiently for a fair settlement, and to prepare and argue your case effectively should it go to trial.
Damage Awards You May Receive
While we cannot tell you exactly how much your case is worth, we know that you may be eligible for a variety of damages. In Pennsylvania these may include payment for your economic and non-economic damages, and you may also receive an award for punitive damages.
Economic damages: these include all your damages that have easy-to-calculate dollar amounts, including:
- medical and rehabilitation bills
- lost income from being unable to work, into the future
- any property damage
- funeral costs, in case of death
- legal fees.
Non-economic damages: these are for more intangible damages that do not have a specific dollar value, including:
- emotional and mental anguish and anxiety
- physical pain and suffering,
- loss of consortium and enjoyment of life
- life-altering effects of a permanent disability.
Punitive damages: these may be available in rare cases involving gross negligence, intentional torts or egregious wrongdoing on the defendant’s part. Punitive damages are intended to punish the at-fault party for conduct considered especially egregious and to prevent others from acting similarly. Pennsylvania does not cap punitive damage awards except in medical malpractice cases.
Our Wapner Newman slip-and-fall attorneys will fight for a damage award that pays for your expenses and losses from the accident and those you are likely to suffer in the future. In addition, if your slip-and-fall accident occurred while you were at work, you may be eligible for Pennsylvania workers’ compensation benefits.
Frequently Asked Questions
Here are some answers to questions our attorneys are often asked
After an accident, if you are in the condition to do so, you should report the accident to the property owner or facility manager, gather the names and contact information for any witnesses, and take photographs of the dangerous condition that caused your slip-and-fall accident and any injuries that are visible.
When exploring your options, you’ll encounter a lot of legal jargon and unnecessary information. All you need to do
Get medical attention immediately, even if you do not think your injuries are serious, as they may worsen over time, and documentation is necessary.
Contact our Philadelphia slip-and-fall attorneys as soon as possible to avoid making costly mistakes.
Never accept any settlement offers from an insurance company without talking to your attorney. An insurance company is out for profit and will try to pay you as little as possible for your injury; and once you accept an insurance settlement, you waive your right to seek damages under a personal injury or wrongful death lawsuit, and you will not be able to get anything additional, even if your injuries get worse over time. Also, adjusters will often ask you questions and trap you into saying something that damages your case. Let your slip-and-fall lawyer deal with insurance companies to make sure you receive the compensation you deserve.
According to Pennsylvania statute Section 7102 Title 42, being partially at fault for causing the accident will not automatically bar you from financial recovery. As long as our attorneys can prove you are less than 50% at fault, you would receive the proportion of the settlement that the defendants are at fault. This means, for example if the award is for $100,000 and you are found to be 10 percent at fault, you would still receive $90,000
According to Pennsylvania statute Title 42 § 5524 there is generally a two-year statute of limitations, a deadline to file an action to recover damages for personal injury or wrongful death caused by the wrongful act or neglect or unlawful violence or negligence of another. If you miss this deadline, the courts are likely to refuse to hear your case.
Our slip-and-fall accident lawyers at Wapner Newman work on a contingency basis, so you pay nothing up front. We will pay for necessary expenses such as investigating your case, gathering evidence, interviewing witnesses, and acquiring reports and documents. There is no cost to you unless we win a settlement. At that time, the fees are a standard percentage of what we recover, after deducting the costs of expenses we have incurred.
Get Results in Your Slip-and-Fall Claim
Injured people want to know the possible results of a legal claim and wonder about the steps to get a slip-and-fall settlement in Pennsylvania. Be aware that slip-and-fall accidents are a part of premises liability law, and in many of these cases, insurance companies will get to work as soon as you are injured to minimize your settlement.
If you sustain an injury from a slip-and-fall in Pennsylvania or New Jersey, you should contact our premises liability attorneys as soon as possible, before you discuss anything with an insurance company. Let us handle all aspects of your case so you can focus on your recovery.
Our slip-and-fall lawyers take every case under the assumption that it will require tough litigation in a trial setting and are fully prepared to take every step necessary to secure your compensation. We help clients throughout PA and NJ.
Turn to Our Philadelphia Slip-and-Fall Attorneys
Contact Wapner Newman today to discuss your case with a slip-and-fall attorney in Philadelphia. If transportation is an issue, we will come to you. Our firm serves slip-and-fall accident victims throughout Pennsylvania and New Jersey, with offices in Philadelphia, West Conshohocken, Allentown, and Marlton.