Punitive damages.<\/strong> Punitive damages are not as common as compensatory damages as an award type in Pennsylvania, but they can arise in cases involving gross negligence, intentional torts or egregious wrongdoing on the defendant\u2019s part. A judge may issue punitive damages to provide better compensation to a seriously hurt victim and\/or to punish a defendant for serious misconduct. Punitive damages also set a precedent in Philadelphia for how the courts will deal with negligent property owners. Pennsylvania does not cap punitive damage awards except in medical malpractice cases.<\/li>\n<\/ul>\nA successful slip-and-fall accident claim could result in compensation for your current and future health care costs, the value of lost future earnings, lost wages, lost inheritance, lost enjoyment of life, pain and suffering, wrongful death damages, and several other losses. If you are curious about the potential value of your particular case, contact a Philadelphia personal injury attorney from Ciccarelli Law Offices. We can evaluate your claim and give you an honest estimate based on your tangible and intangible damages during a free consultation at our law office. We also provide home or hospital visits for your convenience.<\/p>\n
What Factors Affect A Philadelphia Slip And Fall Settlement?<\/h2>\n
Insurance companies will evaluate a slip and fall accident case from many angles before accepting or denying the claim. If an insurance company decides to offer a settlement, the insurance company claims adjuster will decide on a suitable amount based on the specific facts of the case. These may include who was liable for the accident, the severity of injuries, and whether the victim was comparatively at fault. Many factors could determine the outcome and amount of a slip-and-fall settlement in Philadelphia.<\/p>\n
Liability<\/h3>\n
Liability for a slip-and-fall accident is typical with the owner of the property where the accident happened. Property defects that cause fall accidents are the legal responsibility of the landowner to resolve. If the victim was working at the time of the accident, however, liability could go to the employer. An employer must exercise a reasonable duty of care for the safety of its employees. To prove someone liable for a slip-and-fall, the victim will have to show the defendant breached a duty of care and caused the accident in question.<\/p>\n
Comparative Negligence<\/h3>\n
Comparative negligence is a common defense strategy a defendant may use during a slip-and-fall case. In Pennsylvania, modified comparative negligence laws state a victim\u2019s partial fault for causing the accident will not automatically bar him or her from financial recovery. It may still be possible to achieve at least partial compensation through a personal injury lawsuit. As long as the victim can prove he or she is less than 50% at fault, the victim could still be eligible for payment.<\/p>\n
Steps to Take After a Slip-and-fall Accident<\/h2>\n
![\"slip](\"https:\/\/ciccarelli.com\/philadelphia-injury-lawyers\/wp-content\/uploads\/2022\/11\/jpg-6.jpeg\")
<\/p>\n
There are various steps individuals can take in the immediate aftermath of a slip-and-fall incident, as well as in the days and weeks that follow, to help recover the compensation they are entitled to.<\/span><\/p>\n\n- Call for medical care<\/b>. Seeking medical care after a slip-and-fall incident is critical. We understand that individuals may not feel much pain right away, but it is important to assume that there is an injury, even if you cannot see it. Seeking medical treatment not only establishes a link between the incident and any injuries, but it also ensures your health and well-being are the priority.<\/span><\/li>\n
- Report the incident<\/b>. Reporting the incident is also important, but this will vary depending on the particular situation and where the injury occurs. This could include reporting the incident to a store supervisor or to a homeowner. Reporting the incident often triggers an official reporting process, particularly with businesses.<\/span><\/li>\n
- Gather evidence<\/b>. It may be possible to gather evidence at the scene of the incident, and this is also important. Perhaps you can use your phone or another type of camera to take pictures of the cause of the slip-and-fall and the surrounding area, as well as any visible injuries. There will be additional types of evidence that your attorney will work together in the days and weeks that follow the incident.<\/span><\/li>\n
- Call an accident lawyer<\/b>. Slip-and-fall accident lawyers in Philadelphia will be able to get involved quickly, fully investigate the incident, and help negotiate a fair settlement on your behalf. Your focus should be on recovering, not handling the day-to-day process of a personal injury claim.<\/span><\/li>\n
- Continue medical treatment<\/b>. All slip-and-fall injury victims need to continue medical treatment until they have fully recovered, or at least recovered as much as possible with medical treatment. Discontinuing care against the advice of a doctor could harm any potential personal injury claim moving forward.<\/span><\/li>\n<\/ol>\n
The Philadelphia Slip-and-Fall Claim Process<\/h2>\n
![\"Slip](\"https:\/\/ciccarelli.com\/philadelphia-injury-lawyers\/wp-content\/uploads\/2022\/09\/jpg-7.jpeg\")
<\/p>\n
Most slip-and-fall accident claims in Pennsylvania reach successful settlements during insurance claim negotiations without needing full court trials to determine negligence or assign fair compensation. Retaining an attorney often increases the odds of securing a successful insurance settlement from a property owner or other defendant without a trial, thanks to an accident lawyer\u2019s negotiation skills. If your slip-and-fall case does require a lawsuit to resolve, however, prepare yourself for the general claims process in Pennsylvania.<\/p>\n
\n- Bring your claim to the Philadelphia Municipal Small Claims Court if it is worth less than $12,000 in damages. You must file your lawsuit within two years of the date of your slip-and-fall injury to qualify for compensation. It is not mandatory to use an attorney for a small claim, but it could help you obtain a fair recovery amount.<\/li>\n
- Hire a slip and fall injury attorney from Ciccarelli Law Offices to help you navigate a lawsuit if it is worth more than $12,000. High-value cases can benefit from legal services by optimizing your payout from the at-fault party. Our firm takes cases on a contingency fee basis, meaning you will not pay unless we win.<\/li>\n
- Go through the investigation process. Our law firm can investigate your case using help from experts such as accident reconstructionists and physicians. Our firm fronts the costs of an investigation and evidence gathering so you do not take on any financial risk. If we win your case, we deduct these fees directly from the amount won.<\/li>\n
- Argue your side of the case before a judge and\/or jury. At your personal injury hearing, accident lawyers will present your side of the case using all gathered evidence and a tailored legal strategy. Your lawyer will illustrate the impact the accident has had on your life and why he or she believes you have a valid claim.<\/li>\n
- Obtain an award or file an appeal. If the courts rule in your favor, you could receive a judgment award to cover your economic and non-economic damages. Otherwise, accident lawyers could file an appeal requesting a reconsideration of the judge\u2019s decision.<\/li>\n<\/ul>\n
Philadelphia Slip-and-fall Statute of Limitations<\/h2>\n
It is crucial for any slip-and-fall accident victim in Philadelphia to file their claim as soon as possible. Under state law, personal injury claims must be filed against the at-fault party within two years from the date the incident occurred. Failing to file the lawsuit within this time frame will likely result in the slip-and-fall accident victim becoming unable to recover any compensation they are entitled to.<\/span><\/p>\nIn addition to this statutory deadline, it is crucial for slip-and-fall victims to be aware that insurance carriers involved in these claims may have their own deadlines. For example, if a slip-and-fall incident occurs at a person\u2019s home, then it is very likely that the claim will be resolved through a settlement with the homeowners\u2019 insurance carrier. The insurance carrier may have a deadline for reporting claims. You need to be aware of this deadline so that the claim can be reported on time and so you can receive compensation without any kind of pushback from the carrier.<\/span><\/p>\nHow To Prevent Slip-and-Fall Accidents<\/h2>\n
Preventing slip-and-fall accidents is a two-way street. It is up to individuals as well as property owners to take the steps necessary to ensure that these incidents do not occur. If you are going onto another person\u2019s property, you need to take note of any warning signs about potential hazards that may be present.\u00a0<\/span><\/p>\nHowever, even if you do not see warning signs, do not take this to mean that there are no hazards that could cause a slip-and-fall incident. You should always assume that there is a hazard lurking around the corner. Look for wet floors, wires running across the ground, loose carpeting, wobbly stairs, and anything else that could lead to a slip-and-fall. Avoid these areas and let the property owner know that there is a hazard that they need to take care of.\u00a0<\/span><\/p>\nIf you are a property owner, then you owe a duty of care to any person who has a right to be on your property. You need to regularly inspect and maintain your premises, be on the lookout for any possible slip-and-fall hazard, and remedy the situation as quickly as possible. If it is impossible for you to clean up the slip-and-fall hazard quickly, you need to post warning signs around the vicinity.<\/span><\/p>\nContact a Philadelphia Slip and Fall Attorney Today<\/h2>\n
At the Ciccarelli Law Offices, our Philadelphia slip and fall injury attorneys have the experience to handle any type of slip and fall personal injury case. Victims should not need to pay for their medical expenses or pain and suffering on their own if another person or entity caused their injury through negligence. If you\u2019ve been injured in a slip and fall accident in Philadelphia, reach out to our local personal injury attorneys in Philadelphia if you have any questions or want to review the damages you may be able to collect. Call (215) 228-0100.<\/p>\n","protected":false},"excerpt":{"rendered":"
Slip and fall incidents account for roughly $34 billion in medical costs every year, and can cause some severe injuries as well. A person who slips and falls may suffer broken or fractured bones, and falls are the leading cause of traumatic brain injuries. Slip and fall accidents are very common among elderly citizens. 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