I Slipped And Fell In A Restaurant. What Should I Do?

I Slipped And Fell In A Restaurant. What Should I Do?

by | Aug 27, 2018 | Blog

As its name suggests, a slip and fall occurs when someone is injured after slipping and losing their footing. These  can happen anywhere, including at home or while out in public. Many slip and falls occur in restaurants, and it’s not hard to see why. Restaurants get more foot traffic than many other public places, and the walkways are narrower since they are typically surrounded by tables and chairs. Restaurants are also more likely to have greasy or slippery floors, which can cause guests to slip and injure themselves.

 

Because it is common for slip and falls to occur in restaurants, it’s important for you to know what to do if you are ever involved in one of these mishaps while dining out. Follow these steps:

Seek Medical Attention

The first thing on your mind after a slip and fall should be your well being. If you are seriously injured, it’s important to remain where you are and call for emergency medical assistance. Do not attempt to stand up or move until help has arrived. If someone tries to help you up, politely tell them that you would rather wait until the professionals have arrived before attempting to move.

If you are not seriously injured, it’s still important to seek medical attention. Visit a doctor or emergency room immediately after leaving the scene of the incident–even if you do not believe you are badly hurt. Why? Symptoms of an injury may not appear for hours or days following a fall. If you wait until symptoms appear, it may be harder to treat your injuries. For this reason, it’s best to have a doctor examine you immediately following the event so they can identify and treat injuries right away.

Report the Slip and Fall 

Before leaving the scene of the fall, find someone who is in charge of the restaurant so you can tell them what happened. But, it’s important to watch what you say when speaking to the manager or owner of the restaurant. Do not go into details about your condition or the amount of pain you are experiencing as a result of the fall. You should also avoid discussing anything that you were doing that could have contributed to the slip and fall. For example, if you were distracted by your phone when you slipped, leave this detail out when talking about the fall with the manager or owner.

Make sure to ask them to put the report in writing so you can have a copy. Hold onto this copy so you have proof that the incident happened and that the restaurant was immediately made aware of it.

Document Evidence From the Scene of the Fall

Return to where the fall occurred and document as much evidence as possible before leaving. Take photographs of the exact location so you can prove that the floors were wet or that there was an obstacle in your path that caused your fall. It’s best to take photographs up close and from afar so you can capture as much of the location as possible.

You will also need to take pictures of any visible injuries such as cuts or bruises. It’s helpful to also take pictures of the clothing you were wearing at the time of the fall–especially your shoes. The defendant may argue that you fell as a result of your footwear or loose clothing, but these pictures can prove them wrong.

Look around the scene of the fall to see if there are any security cameras pointed in your direction. If you see any cameras, take pictures of them in case the restaurant owner destroys them and denies that they were ever there. You should also note the exact location of the cameras so you can request the footage.

Talk to Witnesses

There are usually plenty of people around when someone falls in a restaurant. If anyone saw you fall, it’s important to ask for their contact information before leaving the restaurant. Jot down their full names and phone numbers and ask them what they saw. Do not discuss your condition or the events leading up to the slip and fall with these witnesses–keep the conversation short and sweet. Be sure to thank them for their help and let them know that an attorney may get in touch with them in the near future.

Seek Legal Representation

Contact an attorney as soon as possible after leaving the scene. Be sure to find a personal injury attorney that has experience representing slip and fall victims. Slip and fall cases are complex, so you will need an attorney who has a history of winning compensation for their clients in these difficult cases.

Make sure your attorney has copies of all of the evidence you have gathered so far, including photos, witness statements, reports, and medical records. Then, explain what happened to your attorney in as much detail as possible. An attorney will need to know all of the facts in order to do their job.

Your attorney will then launch an investigation into the incident to determine who is liable. After liability is determined, your attorney can begin negotiating for compensation with the at-fault party’s insurance company. If the insurance company is unwilling to make a fair offer, your attorney has the option of filing a lawsuit and taking your case to court.

Have you been injured in a slip and fall inside a restaurant? If so, contact Trial Lawyers for Justice today to schedule a consultation regarding your case. You are entitled to compensation for your injuries, but recovering this compensation is never easy. Let our experienced personal injury attorneys go head-to-head with the at-fault party’s insurance company and fight tirelessly to secure the compensation you deserve.

What Happens If My Child is Injured in a School Bus Crash?

What Happens If My Child is Injured in a School Bus Crash?

by | Jun 18, 2018 | Blog

According to the National Highway Traffic Safety Administration (NHTSA), riding a school bus is the safest way for your child to get to school. This is because school buses are heavily regulated and designed to be safer than the vast majority of passenger vehicles on the road. However, crashes still happen.

The NHTSA estimates that between four to six children die while riding on a school bus every year, and many others suffer non-fatal injuries. If your child is injured while riding the bus to or from school, it’s important to understand your legal options.

Liability For School Bus Crashes

A number of parties could be liable for the injuries sustained in a bus crash, which is one reason why these cases are so complex.

Bus crashes are often caused by the bus driver’s negligence, meaning the bus driver is liable for the victims’s injuries. The employer of the bus driver can also be held liable in situations like these where the driver’s negligence directly led to a crash.

It is also possible that the bus crash was caused by a defective part, such as faulty brakes or bad tires. In this case, the bus driver cannot be blamed for the crash. Instead, the fault lies with the manufacturer of the defective part.

Most school bus crashes involve other vehicles on the road. When a bus and vehicle collide, the fault could lie with either the bus driver or the driver of the passenger vehicle. For example, if the other driver runs a red light and collides with the school bus, the other driver is liable for the victims injuries.

Taking Legal Action Against School Districts

Most school buses are owned and operated by the school district. As a result, the school district could be liable if the bus driver’s negligence causes a crash. However, the school district is a government entity, and recovering compensation from a government entity for a personal injury is not easy.

The legal doctrine of sovereign immunity protects government entities from civil liability under most circumstances. But, the immunity is waived in most cases where a government employee, such as a school bus driver, is responsible for a traffic crash.

The process for filing a claim against a government entity is different from the standard process for filing a personal injury claim. Before a lawsuit is filed, the victim must serve a notice of intent to sue to the attorney general. The attorney general will review the notice to determine if the sovereign immunity should be waived or not. If the attorney general believes the school district is protected by sovereign immunity, the lawsuit cannot proceed.

Victims have two years from the date of the crash to file a claim against the school district, so it’s important to move fast to ensure you do not miss this deadline. Even though you have two years to file the claim, you must notify the government entity of the crash much sooner. If you suffered more than $1,000 in damages and would like to take legal action against the government, you are required to notify the government entity of the crash within 72 hours. You do not need to serve the notice of intent to sue within 72 hours–you simply need to let them know the crash occurred.

The school district could be ordered to pay both economic and non-economic damages to the victims. Economic damages cover medical expenses and lost wages, whereas non-economic damages cover pain and suffering. Government entities do not pay punitive damages, which means victims of school bus crash will not be awarded punitive damages if they take legal action against the school district.

Taking Legal Action Against Other Drivers

If another driver was responsible for the crash, it is much easier to take legal action and recover compensation for your injuries. The at-fault driver’s insurance company would be responsible for compensating the victims for their injuries, but only if it can be proven that their policyholder was to blame. A personal injury attorney can build a convincing case to prove liability using evidence such as police reports, witness testimony, and medical records.

Once liability has been proven, your attorney can start negotiating with the at-fault driver’s insurance company to reach a fair settlement. If the insurance company is unwilling to offer a fair settlement, your attorney can file a lawsuit and take the case to court. However, most personal injury cases are settled in negotiations outside of the courtroom.

Taking Legal Action Against Manufacturers

If a school bus crash was caused by a defective part, the manufacturer of the part is most likely liable for the victims injuries. Therefore, the victims will need to file a product liability lawsuit against the manufacturer. Product liability cases are extremely complex. An attorney will need to work with experts to build a case that clearly shows the part was defective and that defect directly caused the crash. If this can be proven, the manufacturer would be responsible for compensating victims for their medical expenses, lost wages, and pain and suffering.

Contact An Attorney Immediately After the Crash

It is in your family’s best interests to contact an experienced personal injury attorney as soon as possible after a school bus crash. An attorney will immediately begin investigating the crash to determine how it was caused and who is responsible. You can focus solely on helping your child recover from this tragic experience while your attorney handles the rest.

If your child has been injured in a school bus crash, contact Trial Lawyers for Justice today to schedule a consultation regarding your case. Our team of personal injury attorneys are committed to helping families recover the compensation they deserve.

Trial Lawyers for Justice (TL4J) Announces Record $29.5 Million Medical Malpractice Jury Verdict For The Negligent Killing Of A 40 Year Old Wife & Mother In Orange City, Iowa

Trial Lawyers for Justice (TL4J) Announces Record $29.5 Million Medical Malpractice Jury Verdict For The Negligent Killing Of A 40 Year Old Wife & Mother In Orange City, Iowa

by | Jun 14, 2018 | News

Carrie DeJongh , a 40 year old wife and mother from Sioux County Iowa, had four beautiful children (ages 4, 9, 14, and 17) and a loving husband who she didn’t come home to for supper on June 9, 2015, because she was negligently killed in a hospital as a result of clear cut malpractice.  She had gone to Sioux Center Community Health for a routine CT scan, which showed she had mild constipation.

On June 13, 2018, just over three years after her wrongful death, a jury issued a unanimous record setting verdict of $29,500,000.00 against both Sioux Center Community Health Center and Dr. Roy T. Slice.  It is believed to be the first medical malpractice verdict awarded in Sioux County history.  The Defendants and the insurance company, MMIC Insurance, were confident that a conservative Orange City jury would not award any real compensation to the family, and following multiple opportunities to settle the case, the case went to trial. The verdict was in favor of the surviving spouse and four children who brought the case to uncover the truth behind Carrie’s death and to improve the quality of care for all Iowans.

Dr. Slice, an emergency room physician employed by Sioux Center Community Health Center at the time, negligently failed to give Carrie Epinephrine (which is the same medicine children carry in their back packs for allergic reactions or bee stings).  Carrie had an anaphylactic reaction to the contrast dye administered for her CT scan, lost consciousness, and went into shock minutes after the contrast was put into her body.  The only immediate treatment given to her by Dr. Slice and the hospital was Benadryl which is a treatment for itchiness and hives.

Dr. Slice and the hospital failed to administer Epinephrine to Carrie until forty-five minutes after her adverse reaction and not until after Carrie’s heart stopped beating.

Carrie suffered severe brain damage due to the delay of giving her a simple life saving treatment and because of the brain damage, she passed away later that evening.

The DeJongh family’s lead trial lawyers, Nicholas and Courtney Rowley from Decorah, Iowa, argued that the standard of care under the circumstances required Dr. Slice to administer Epinephrine to Carrie and that if Dr. Slice had given the Epinephrine when he gave her the Benadryl, she would have survived.

“We are proud to be the trial lawyers for the DeJongh family and proud that justice was served for her husband and children,” added Rowley.  “The defense lawyers argued in closing arguments that if the jury were to determine Dr. Slice was negligent, they should only award between $50,000.00 and $100,000 for past and future loss of consortium (the love, comfort, support and companionship of their mother).  A fair-minded, loving, conscientious Sioux County jury made it clear that the value of a wife and mother to her family should not be treated cheaply in Iowa.  The Judge gave both sides a fair trial, but nonetheless, the Defendants and their insurance company that carries over $30,000,000 in insurance are going to fight this verdict tooth and nail and file appeals if they don’t get a new trial.”

In November, 2017, TL4J obtained a $10,000,000.00 verdict in another medical malpractice wrongful death case for their clients in Pellock v. Mississippi Valley Anesthesiology, P.C.  The Pellock case was tried in Dubuque, Iowa and was another wrongful death medical malpractice against an MMIC insured policyholder.  In that case, both pretrial and during trial, MMIC refused to offer a single dollar to settle the claim by the Pellock family.  In November 2017, TL4J won a record $131,000,000 jury verdict in the State of Washington on a case where another insurance company would not fairly compensate a nurse who was rendered a quadrapalegic.

The Trial Lawyers for Justice trial team consisted of lead trial lawyer Nicholas Rowley, Courtney Rowley, Rod Ritner, Matt Reilly, Dominic Pechota, Greg Egbers, and John Hemminger.

Medical Malpractice Tips: 5 Things To Do If You Suspect Medical Malpractice

Medical Malpractice Tips: 5 Things To Do If You Suspect Medical Malpractice

by | Jun 11, 2018 | Blog

A team of researchers at the prestigious Johns Hopkins University recently concluded that about 10% of all deaths in the U.S. are due to medical errors. This means over 250,000 people are killed as a result of medical malpractice every year, and countless others suffer non-fatal injuries. Because medical malpractice occurs so frequently, it is important to understand exactly what to do if you are ever a victim. Here are the top 5 things you should do if you suspect medical malpractice:

Find Another Doctor

Medical malpractice victims should make their health their first priority. If you believe a doctor has made an error while diagnosing or treating you, it’s important to find another doctor as soon as possible to correct the medical mistake. The second doctor will most likely need to review your records and perform tests before diagnosing you. Then, the doctor can begin treatment to undo the damage caused by the first doctor. If the first doctor made a treatment error, the second doctor will focus on treating the complications caused by this error. However, if the first doctor misdiagnosed you, the second doctor will simply focus on providing the appropriate treatment for your condition.

Request Medical Records

The next item on your to-do list should be requesting copies of your medical records. These records will play an important role in your medical malpractice case, so it’s important to obtain a copy as soon as possible. The records will contain information regarding the symptoms you were experiencing, your medical history, tests performed, and medications prescribed. This information can often be used to prove that the doctor committed medical malpractice. For example, let’s say you visit the emergency room because you are experiencing chest pain. Your medical record clearly states that there is a history of heart conditions in your family, but the healthcare provider still does not perform tests to determine if you are having a heart attack. The doctor diagnoses you with anxiety, but later you determine you were actually having a heart attack . In this case, the records would show that the doctor was negligent because they failed to review the patient’s medical history and perform the appropriate tests.

It’s best to request these records prior to filing a medical malpractice claim so your healthcare provider does not attempt to change your information. It is illegal to falsify medical records, however this does not prevent some doctors from doing it anyways to avoid liability.

Keep A Journal

If you believe you are a medical malpractice victim, start keeping a journal where you can write down notes on your health. Describe the symptoms you are experiencing as a result of the medical error. You should also explain how the medical error has impacted your life. For example, if you have had to take time off of work to undergo treatment as a result of the error, jot this information down. Try to write in the journal everyday so there is a record of exactly what you endured because of the doctor’s mistake. The entries in this journal can be used as evidence in your medical malpractice case, so write in as much detail as possible.

Contact An Attorney

Medical malpractice cases are incredibly complex, so it is strongly recommended that you hire an experienced attorney instead of attempting to represent yourself. Look for a personal injury attorney who has successfully handled medical malpractice cases in the past. It’s best to schedule a consultation with the attorney prior to signing paperwork to make sure they are a good fit for your case. Scheduling a consultation also gives you an opportunity to ask the attorney questions and learn more about their practice.

Be as detailed as possible when explaining the situation to your attorney. Don’t leave any information out regardless of how insignificant it may seem. Be sure to provide the attorney you choose with all of the documentation related to your case–especially the medical records and journal. The attorney will then have enough information to start investigating the incident and gathering evidence of the medical error. If additional information is needed, the attorney will contact you. From this point forward, the attorney will handle the legal aspect of your case so you can focus solely on recovering from your injuries.

Avoid Making Contact With Other Parties

Your attorney should act as your main point of contact in the case, so there’s no need to speak with any other parties involved. Do not contact the healthcare providers or individuals at the healthcare facility to warn or threaten them about your medical malpractice claim. In fact, it’s best if you avoid contact with them altogether. You should also refrain from talking about the case on social media. Even if your account is private, it’s very possible the defendant could find out about your posts.

The defendant’s insurance company could attempt to contact you once the defendant is notified of the claim. If this happens, ask the insurance company to get in touch with your attorney. Do not speak to the insurance adjuster about the case or agree to answer any questions. Insurance adjusters will try to twist your words around and use them against you later on in the case, which is why it’s best to let an attorney talk to them instead.

If you believe you are a victim of medical malpractice, contact Trial Lawyers for Justice as soon as possible to schedule a consultation with our team. Our experienced personal injury attorneys will fight tirelessly to hold the negligent healthcare provider accountable for their mistakes. With our help, medical malpractice victims can recover compensation for their medical expenses, lost wages, pain and suffering, and more.