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.

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.

There are approximately 4 million emergency room visits related to car crashes every year in the United States. The people who visit emergency rooms after a car crash suffer a wide range of injuries from whiplash and other soft tissue injuries to head trauma and spinal cord damage.

Car crash victims should always go to the hospital immediately after a crash if they are in need of emergency medical attention. But, victims with nonlife-threatening injuries should also make it a priority to go to the hospital for medical attention right away. Why? Here are some of the many reasons:

Symptoms Don’t Always Appear Right Away

People often assume that they will be able to tell if they are injured right after the crash occurs. It’s true that victims are usually able to tell that they have sustained an injury after the crash. But, some victims do not notice symptoms of their injuries for hours or even days after a crash.

How does this happen? When the body senses potential danger, it automatically begins to release adrenaline to prepare the body for a fight-or-flight response. Adrenaline blocks the pain receptors, which is why car crash victims often cannot tell their body is in pain immediately after a crash. Once the adrenaline wears off, car crash victims will finally be able to sense their pain again.

Because of the release of adrenaline, what may feel like a minor injury at the scene of the crash could actually be a major injury. For this reason, it’s best to seek medical attention so a doctor can examine the injury. Car crash victims that wait to see a doctor may find that the injury has become much worse by the time their adrenaline rush has gone away and they are able to feel pain. If the injury has worsened, it may be harder to treat.

Delayed Medical Treatment Could Affect Your Personal Injury Claim

Seeking medical treatment as soon as possible after a car crash is also important if you plan on filing a personal injury claim. The at-fault party’s insurance company is responsible for compensating you for the injuries sustained in the crash. However, no insurance company will write a check to a car crash victim without first reviewing the victim’s medical records.

Besides determining if the injuries actually exist, the insurance adjuster will also look at the dates that you were treated. If you waited to see a doctor after a crash instead of going to the hospital right away, this will be a huge red flag for the insurance adjuster.

The insurance adjuster’s goal is to settle the case for as little as possible. Delayed medical treatment can help insurance adjusters accomplish this goal. The insurance adjuster may argue that the injuries are not as serious as you are claiming because if they were, you would have went to a doctor right away. Insurance adjusters can also argue that there’s no way to prove that the injuries were sustained in the car crash since you didn’t seek medical attention immediately after the crash. These arguments are not always effective, but if they are, they could significantly limit the amount of compensation that you are able to recover.

To prevent these problems, visit a hospital as soon as possible after a crash so a doctor can document when the injuries occurred and their severity.

Hospitals Offer Better Care Than Walk-In Clinics or Chiropractors

Car crash victims often think that it’s a good idea to go to a chiropractor or walk-in clinic after a crash, but that’s not necessarily true. Hospitals are known for having the best doctors in the community, so the medical care offered at these facilities will be of a higher quality than the care offered at a walk-in clinic.

Chiropractors specialize in injuries that affect the musculoskeletal system, which includes the muscles, ligaments and joints. These healthcare providers are not trained to handle injuries that affect other areas of the body, which is why you should visit a hospital instead of a chiropractor’s office. A chiropractor will not be able to examine car crash victims to look for and diagnose other injuries. They will also not be able to provide a wide range of treatments that car crash victims often need after being involved in a crash.

Plus, insurance companies often place lower values on personal injury cases involving victims that sought chiropractic care after a crash. This is because insurance adjusters favor traditional treatments provided by hospitals and physicians over specialized chiropractor care. Therefore, it’s possible that visiting a chiropractor over the hospital could lower the value of your car crash claim.

Visiting the Hospital: Yes or No?

The answer to this question is “it depends.” Car crash victims should only go to the hospital if they believe they are injured—regardless of how minor the injury may seem. However, car crash victims who are certain that they did not hit their head against anything, jerk their head back and forth, or sustain an injury in any other way do not have to go the hospital. If the events of the crash are a blur, it may be hard to remember whether or not you could have hit your head or been thrown forward hard enough to cause whiplash. In this situation, it’s better to be safe than sorry. Whenever you are in doubt about whether or not you are injured, it’s in your best interests to seek medical treatment.

Have you been injured in a car crash? Seeking medical attention should be your first priority. Then, contact Trial Lawyers for Justice today to schedule a consultation regarding your case. Let our experienced team of personal injury attorneys fight for the compensation that you deserve.

Wrongful death claims are civil cases that are brought against defendants responsible for someone else’s death. A wrongful death claim allows the family members of the victim to seek justice against the defendant and recover compensation for expenses they have incurred and losses they have suffered. But, how do you know if you should file a claim? Here are the questions that you must ask yourself to determine if you have a wrongful death case:

Did someone die?

The first element that you will have to prove in a wrongful death case is that someone was killed in some sort of incident involving the defendant. This is the easiest element that must be proven, but it is crucial to your case.

Was the death caused by another person’s negligence?

In order to recover compensation in a wrongful death case, the plaintiffs must be able to prove that the defendant’s negligence lead to the death of their loved one. The first step is proving that the defendant owed a duty of care to the victim. A duty of care is a legal term that basically means the defendant had the legal obligation to act reasonably and responsibly. For example, drivers must act reasonably and responsibly by driving sober and obeying all of the traffic laws.

Next, you must prove that the defendant breached the duty of care, meaning he failed to act as a reasonable and responsible person. Using the same example, a driver that gets behind the wheel while intoxicated is breaching the duty of care owed to other drivers on the road. A driver that runs a stop sign is also breaching the duty of care owed to other driver because he is not obeying traffic laws.

But, proving that the defendant simply broke the law or breached his duty of care is not enough to win your wrongful death case. The plaintiff must also prove that the breach of the duty of care directly led to the victim’s death. Let’s say the driver breached the duty of care by running through a stop sign. If he collided with the victim’s vehicle because he ran through the stop sign, this shows that his negligent actions directly led to the victim’s fatal injuries. However, if the victim’s death had nothing to do with the defendant’s reckless decision to run through the stop sign, then he cannot be held accountable for the victim’s death.

Proving negligence is the hardest part of a wrongful death case, but an attorney can help.

Am I legally permitted to file a wrongful death case?

Many people may grieve the loss of a loved one, but that doesn’t mean that everyone who is in mourning is able to file a wrongful death claim. Each state has its own laws regarding who is allowed to file a wrongful death case. In Iowa, the administrator of the victim’s estate, the victim’s spouse, the victim’s children, and the victim’s parents can all file a wrongful death claim. This means that the victim’s siblings, aunts, uncles, nieces, nephews, and all other extended family members cannot file a claim unless they have been named as the administrator of the victim’s estate. If the victim did not name an administrator for her estate prior to her death, the court will have to appoint one.

How long has it been since the death?

Each state also puts time limits on how long surviving family members have to file a wrongful death claim. In the state of Iowa, the victim’s family members have two years from the date of the victim’s death to initiate a claim. If you do not file a claim before this deadline, the court will almost always throw out your case.

Two years may seem like a long time, but it can fly by if you are trying to move forward after losing a loved one. It’s important to act quickly to ensure that you don’t miss this deadline. Sometimes, there may be a criminal case pending against the defendant that is responsible for your loved one’s death. For example, if your loved one was killed by a drunk driver, he may be facing criminal charges as a result of his actions. But, there’s no reason to wait for the criminal case to wrap up before filing your civil case. It’s best to file your wrongful death claim as soon as possible.

Have I incurred expenses or suffered losses as a result of the death?

You will not be awarded compensation in a wrongful death case unless you can show that you have incurred expenses or suffered losses as a result of the death. Did you pay for the victim’s funeral? This is an expense that most families incur after losing a loved one, and they may be able to recover compensation for it in a wrongful death case.

Were you financially dependent on the victim? If so, you will now have lost the victim’s income, which you may be able to recover in a wrongful death case. But, what if you weren’t financially dependent on the victim? Family members in this situation can still recover compensation for other losses, including the loss of care, guidance, love, and companionship. It can be challenging to quantify these losses, but an attorney can help you calculate the value of your claim.

If your loved one has been killed because of the negligent acts of another person, contact Trial Lawyers for Justice today to schedule a consultation regarding your case. Our experienced attorneys will learn more about the tragic incident and let you know if you should file a wrongful death claim. Then, we will work tirelessly to help you recover the compensation that you deserve.