Why is it so difficult to win a case involving a slip and fall?

Slip and fall, trip and fall, and other premises liability claims fall under the category of personal injury lawsuits in which the injured party sues the property owner for the harm. These kind of incidents typically occur as a result of the owner’s negligence in maintaining the property for the benefit of tourists, patrons, or staff.

According to the National Safety Council (NSC), over 800,000 persons are hospitalized each year in the United States alone due to slip and fall incidents.

Additionally, these lawsuits are extremely difficult to win without the assistance of an expert personal injury attorney. Therefore, if you require assistance with a slip and fall lawyer in Vancouver, WA, our skilled attorneys are prepared to defend your case.

Is it difficult to win slip and fall cases?

Yes, slip and fall claims are difficult to win because to a lack of sufficient evidence establishing who was at responsibility for the event. The defendant must prove that the other party’s negligence caused your physical and financial harm. And it is only under these circumstances that you can successfully pursue an accident claim and receive a reasonable payout from the insurance company.

Liability for an automobile or truck collision can be established by the use of police documents, camera evidence, vehicle logs, mileage reports, and eyewitness testimony, among other things. These items constitute proof of fault and serve as the foundation for convincing evidence supporting your accident lawsuit. If you’re considering filing a lawsuit, contact a Seattle slip and fall attorney.

However, in slip and fall instances, there is no proof such as video footage to establish the percentage of fault attributed to each participant involved in the event. For instance, if you slip on a wet floor or trip on a walkway in an area without surveillance camera footage, there is no evidence as to who is at fault. Thus, the best-case situation is to present reasonable evidence showing the property owner was aware of the harmful condition but failed to remedy it.

Apart from that, the worst-case situation is if the property owner was unaware of the hazard, which is frequently the case. This makes winning a slip-and-fall lawsuit more difficult.

The Four Components of a Viable Slip and Fall Claim – What Do You Need to Establish in Order to Win?
Both slip and fall and negligence claims are predicated on the same fundamental grounds, which are as follows:

Damages for Breach of Duty Causation

To begin, if you admit to suffering an injury while on another person’s property as an invited visitor, it is reasonable to presume that the owner owed you sufficient care to safeguard the premises.

As a result, the victim of the slip must establish that the dangerous condition occurred as a result of the owner’s ignorance. For instance, if you accidentally left a banana peel in front of your stairs or neglected to salt your parking lot during the winter.

Following that, the injured party must establish that the owner’s ignorance of the harmful state resulted in your personal and financial injuries.

Finally, as the plaintiff, you must demonstrate that you are entitled to every penny you claim, including pain and suffering, medical expenditures, future treatment, financial losses, and other financial charges.

What Are the Difficulties in Achieving Victory?

Even the most seasoned attorneys will fail to defend you if you fall into the following traps —

Limitation Period- This section establishes the time period during which you must file a lawsuit or finish the settlement of your claim. By missing this period, you effectively negate your claim, which begins immediately after the accident.
Absence of Objective Evidence – A lack of objective evidence is a roadblock in your argument. If the case is decided solely on the basis of the plaintiff’s or defendant’s remarks, the odds of winning are stacked against you.
Soft Tissue Injuries – Because soft tissue injuries such as whiplashes do not constitute a significant injury, such cases have become synonymous with false personal injury claims.
Proving Causation – Simply demonstrating the presence of a hazardous condition is insufficient to win an accident claim; you must also demonstrate that the slip was legitimate and was the cause of your significant damage.
Dispute Resolution with the Insurance Company – The insurance company will attempt to settle for the least amount possible. Therefore, ensure that you have an experienced personal injury attorney on your side to obtain the best outcome possible during a negotiation.
Comparative Fault – Comparative fault is the process of calculating the percentage of blame assigned to each party engaged in an incident. For instance, if you are found to be 30% at blame for an accident, you will forfeit 30% of your claim.

Conclusion

In the worst-case scenario, slip and fall accidents can result in catastrophic physical injury. Thus, it is critical to call the appropriate injury law firm and request that the firm’s skilled personal injury lawyers negotiate and obtain the maximum consumer injury settlement available to you. Therefore, contact a slip and fall lawyer in Vancouver, WA today if you require assistance.

What Are The Penalties For DUI In Virginia?

There are hundreds of DUI-related motor vehicle fatalities every year in Virginia. For this reason, Virginia takes driving under the influence (DUI) charges seriously. You may even face possible jail time depending on your intoxication level at the time of the DUI and your age.

DUI In Virginia

A DUI in the state of Virginia is defined as driving with a blood alcohol content over the legal limit set by the state. If you’re under the age of 21 years old, you could face a DUI charge for a blood alcohol content of .02 percent or more.

For adults over the age of 21 years old, the blood alcohol content limit is set at .08 percent. Although .08 percent tends to be the blood alcohol content limit set by most states, Virginia is especially tough on DUI offenders.

You might also face a driving under the influence charge if you’re driving while intoxicated by a controlled substance. In other words, a driving under the influence charge applies to both drugs and alcohol in the state of Virginia.

Penalties for DUI

The state of Virginia punishes younger and/or repeat offenders much more harshly than older DUI offenders.

Young drivers caught operating a motor vehicle with a blood alcohol content of .02 percent or more could additionally face a restricted driver’s license or mandatory enrollment in Virginia’s Alcohol Safety Action Program (ASAP).

Older drivers in Virginia charged with a DUI face a maximum $300 fine and one-year license revocation for their first offense. Second offenses within a five year period warrant jail time and an indefinite license suspension. A third DUI offense within five years warrants six months in jail and a minimum fine of $1000.

Contact a Virginia DUI Attorney

Finding an attorney that can prove your innocence and fight to get your charges reduced is an essential first step to take.

A DUI attorney can keep your criminal record clean and even identify improper police procedures.

An experienced attorney can also evaluate your case to determine whether field sobriety tests are admissible in court or whether the officer had valid grounds for stopping you.

Contact a Virginia DUI attorney today to have your case evaluated and potentially have your charges lowered or dropped.

Recent Changes in Laws Affecting Social Security Beneficiaries

The Social Security Administration has announced the 2019 changes to the Social Security laws. Some changes specifically affect beneficiaries already receiving Social Security benefits. The following is not an exhaustive listing of all changes but will focus on three specific changes in 2019 that will affect those beneficiaries retired or approaching retirement.

A BIGGER CHECK
Social Security recipients will realize a 2.8 percent increase in their monthly benefits commencing in January, which is the most substantial increase seen since 2012. Beneficiaries will see an average increase of $39 per month and total monthly benefits of $1,461. Benefits for couples who both receive social security will rise an average of $67 per month to a monthly allowance of $2,448.00.

What triggered the increase? Social Security adjustments are tied to the Consumer Price Index for Urban Wage Earners and Clerical Workers. Social Security benefits are corrected for cost of living adjustments (COLA) and are based on inflationary measurements. The last Social Security adjustment was a 2 percent increase in 2018.

A BIGGER EARNING LIMIT
Social Security recipients who have reached full retirement age will continue to be eligible to work while collecting benefits, without incurring a penalty. The monthly allowance will be computed to reflect a credit for current earnings, as well as adjustment for benefits withheld in the past.

In 2019, beneficiaries who work can earn an additional $600 before a portion of their benefit is withheld. As a result, a recipient aged 65 and younger are allowed to receive $17,640 per year, after which $1 will be withheld for every $2 earned over the amount of $17,640.

In the same year a recipient reaches full retirement age, the limitation on earnings is raised to $46,920 (which is an increase of $1,560 over the limit in 2018). Also, the withholding penalty will be adjusted to $1 for every $3 earned over the income cap of $46,920.

A CHANGE IN FULL RETIREMENT AGE
Two thousand nineteen will also see a change in the age by which an individual is entitled to qualify for full retirement age benefits. For persons born between 1943 and 1954, the full retirement qualifying age is 66 years. For those persons born in 1956, the entitlement age has been adjusted to 66 and four months. For those persons born in 1955, the entitlement age has been modified to 66 and two months. Finally, for every year after 1956, the retirement year will be increased by two months, until full retirement age reaches 67 years for anyone born in 1960 or after that.

A person is still eligible to claim social security benefits at age 62; however, there will be a greater reduced payment penalty for the early request. Finally, an individual’s opportunity to increase their benefit payments by taking a postponed commencement date has been diminished for persons with later full retirement ages.

There are more changes coming from Social Security in 2019. To find more information applying for benefits you can visit  Social Security Offices near me today.