Introduction
Slip and fall incidents represent a significant sector of personal injury law, often resulting in legal disputes. From the perspective of the attorney representing the client, knowing the intricacies involved in the review of the medical records is very important. This article aims to provide a detailed description of slip and fall accidents, the methodology of dealing with the medical records of patients involved in these cases, and useful recommendations for the legal practitioners in America.
What Are Slip and Fall Accidents?
Slip and fall accidents happen when people slip, trip, or fall because of dangerous hazards present on someone else’s property. These accidents could result into severe injury like fractures, head injuries, and damage to the soft tissues. For most attorneys who seek to file claims for redress on behalf of the victims, understanding these injuries and their legal consequences is extremely important.
Common Causes of Slip and Fall Accidents
- Wet or Slippery Floors These may be caused by spillages, cleaning the area, or certain weather conditions.
- Uneven Surface Cracks, potholes, and even unevenly paved surfaces can become a trip hazard.
- Poor Lighting Hazards may not easily be visible due to insufficient lighting.
- Cluttered Walkways Other objects may block potential hazards, thus making the area dangerous.
- Negligence of the Property Owner There can be failure to maintain the property properly and therefore become accident prone.
Legal Context of Slip and Fall Cases
Premises Liability
Premises liability is a legal concept that confers responsibility of certain accidents occurring on a property to the owner if it was due to negligence of some sort. For a slip and fall claim to seek relief, the claimant has to prove the following:
• Duty of Care: The owner of the property is expected to ensure that the area is safe.
• Breach of Duty: The owner does not take steps to perform this duty.
• Causation: The injury was a result of the breach of the duty.
• Damages: There was a damage incurred by the aggrieved party.
Contributory Negligence
In a good number of US jurisdiction, laws of negligence attribution apply, meaning that the compensation due to the injured party could be less due to his/her contributing fault in the accident. These laws are important for attorneys to bear in mind when counseling clients.
Role of Records in A Medical Case Involving A Slip And Fall Accident
Importance of Medical Filing Reviewing
Medical documentation is instrumental in proving the amounts of injuries sustained in a slip and fall accident. An in-depth examination of these records could assist the attorneys in acquiring important information that includes but is not limited to:
• Diagnosis and Treatment: How the injuries were sustained and what treatment was given.
• Pre-existing Conditions: Any previous injuries that could alter the case.
• Prognosis: Looking into the future medical costs and the effect on life in general, anticipating the long-term expenses of care.
How a Medical Records Review is completed
- Procurement: Lawyers need to secure the client’s medical files from medical facilities.
- Evaluation: An assessment of the documents taken in to understand relevant details.
- Synthesis: Finalizing claims and preparing for the case by building strategies matching the evidence gathered against the client’s claims.
Case Studies
Case Study 1: The Grocery Store Slip
Overview: A grocery store client sustained a wrist fracture after slipping on a wet floor.
Challenges: The store countered that the customer should bear some responsibility for being inattentive.
Solutions: The defense attempted to argue against the client’s testimony, however, a comprehensive review of the records highlighted the client’s prior wrist issues. This was countered by expert testimony that the fall worsened the condition.
Case Study 2: The Restaurant Ankle Injury
Overview: A client suffered a serious ankle injury after tripping over a broken step in a restaurant.
Challenges: The restaurant contended that the client must have known about the step and should have avoided it.
Solutions: The attorney was able to suggest the severity of the injury by showing records proving the client did require surgery as well as extensive rehabilitation due to the restaurant’s negligence to provide adequate safe premises.
Conclusion
The combination of factors surrounding a slip and fall accident makes it difficult for lawyers to deal with different aspects of such cases, especially while going through medical records. By understanding the law, the depth of documentation needed, and employing expert knowledge, a lawyer can change their strategies immensely.
Attorneys looking to take a more effective approach towards dealing with slip and fall cases should consider collaborating with a medical records review company, which can help construct winning cases and ensure that clients are fairly compensated.
