When someone suffers an injury because of a poorly maintained property, the property owner may be liable for failing to maintain their property. Slip and fall injuries are some of the most common types of personal injuries. Slippery floors, dark stairwells, and weak railings are the cause of serious injuries every day.
Property owners have a duty to maintain their properties, so visitors, tenants, and guests are not put at undue risk. If the owner is careless or negligent and someone is injured, the owner may be held liable for the result. Slip and fall injuries are often serious. Broken bones, closed-head trauma and concussions, spinal cord injuries, and even death can be the consequences of a fall.
If you or a loved one has been injured due to another person’s carelessness or neglect, you may be entitled to compensation for your loss. To help you get the compensation and justice you deserve, you need a skilled slip and fall attorney like those at The Cochran Firm in Philadelphia.
Why Choose a Philadelphia Slip and Fall Lawyer from The Cochran Firm?
When you need a slip and fall law firm in Philadelphia, you need someone that understands the pain and suffering you’re experiencing. You want someone on your side who will fight for you, hold the negligent parties accountable, and get the settlement you need for your medical costs and emotional trauma.
Attorney Robert S. Miller has been arguing and winning personal injury cases in Philadelphia and Pennsylvania since 1992. He is a member of the Pennsylvania, Philadelphia, and New Jersey bar associations and has been chair of the Philadelphia Bar Association Arbitration Committee. Mr. Miller was recognized as a 2022 Pennsylvania Super Lawyer and in 2020 Best Lawyers in America, Personal Injury Litigation – Plaintiffs.
The right attorney makes a big difference in the outcome of your case. When choosing a slip and fall personal injury attorney, you want the best you can get, and we think we are the right ones for you. The Cochran Firm offers free consultations to discuss your case, and we work on a contingency basis, so you don’t pay unless we win.
Call The Cochran Firm today at 800-969-4400 for a free, no-obligation case evaluation.
How The Cochran Firm Works for You
One of the most common personal injury cases after motor vehicle accidents is the “slip and fall.” This refers to a situation where someone trips, slips, or falls over a dangerous surface or object and is injured. This type of case is sometimes referred to as “premises liability” law.
Property owners and landlords have insurance, and the insurance companies have in-house attorneys who will use the law to their advantage. You need an attorney on your side to be sure you don’t get caught by their legal maneuvering. The premises liability attorneys at The Cochran Firm know what to do and where to go for the best outcomes.
What We Can Do
Our legal team will take the proper steps and meet all the deadlines so you can concentrate on getting better and resuming a normal life. We will . . .
- Investigate the accident to reconstruct the incident and determine the probable cause and possible fault
- Gather evidence and documentation such as police and medical reports, photos and videos of the location, and other statements of incidents in the area
- Interview witnesses, police and first responders, and other residents or tenants to see if there is a history of similar incidents at that location
- Carry out depositions of essential parties, obtain expert witnesses to describe the mechanics of the accident, and explain the future costs and impact of your injuries
- Negotiate with the insurance companies and other parties.
- Handle the correspondence and phone calls, so you and your family aren’t bothered by their requests for information
- Prepare for trial if a reasonable settlement can’t be reached.
We will help file the initial insurance claim so that it doesn’t get denied and will ensure all legal deadlines are met promptly. All you need to do is focus on your recovery.
Making Your Case
Winning a slip and fall case isn’t as simple as showing that you fell and were hurt. The attorneys at The Cochran Firm must show that someone was negligent and is liable for your injury. More than one other party may be involved in making your case.
What is Negligence?
In Pennsylvania, negligence means the plaintiff must show that:
- The defendant had a duty to keep the property safe for tenants, visitors, and other entrants onto the property.
- They breached the duty by allowing a known or discoverable dangerous condition to remain on the property.
- The dangerous condition was the cause (“proximate cause”) of your injury.
- You suffered an injury because of the dangerous condition or the failure to correct it.
Suppose you live in a building with a concrete walkway. The owner has a duty to keep the walkway clear of cracks and potholes. Over time, the walkway has become broken in places, and people have started tripping on holes in the concrete. They have notified the owner, but nothing has been done to fix the problem. One day, you are walking to your apartment, catch your foot on a deep crack, and break your elbow.
Our attorneys must show that the owner knew or should have known of the hazards, by presenting notices sent to the owner and obtaining the testimony of other residents. This establishes that the owner knew of the dangerous condition but did nothing to fix it before a serious injury occurred.
The owner, the insurance company, and their attorneys may try to claim they were not liable for the accident or that other people shared fault in creating the hazard. Your attorney will know where to look for these other parties and how to bring them into the case.
Other Parties to Negligence
The “duty of care” may be spread among other parties to your injury. The owner may not be the only person responsible for maintaining a property. It is possible that the property manager never told the owner that a hazardous condition existed. When you have The Cochran Firm handling your case, we will be alert to these situations, including:
- Multiple property owners or corporate or overseas interests
- Onsite managers who may fail to handle complaints immediately without informing the owner
- Contract employees (janitors, landscapers, etc.) who create hazards and fail to notify management
- Vandalism and criminal behavior.
Just because other parties may have been involved does not relieve the owners of responsibility. Under a legal theory called “vicarious liability,” the owner is responsible for the acts of the employees and agents acting on their behalf. For instance, if the property manager knew about the broken walkway and failed to repair it, the owner is still liable as the one with oversight of the property manager. The courts will not allow owners to point to someone else and say, “Not my fault.”
When you’ve been injured in a premises liability case in Philadelphia, The Cochran Firm will ensure that your case includes all the defendants who may have been responsible for your injuries so you can get the compensation you need.
Settlements and Damage Awards
There are no guarantees in a legal case. Juries are unpredictable, so a competent attorney can only give you an estimate of what your claim might be worth. If a lawyer ever promises they will get you a big recovery, you should find a more reputable firm.
Types of Damages
Pennsylvania allows plaintiffs to sue for economic and non-economic damages. These terms refer to how the awards are calculated, not what you may receive for them.
Economic damages: These are things that have a monetary value or can be billed or invoiced. Economic damages are easily calculated when establishing a legal case. They can include:
- Medical bills, including future care, rehabilitation, medication, and additional surgeries or treatment
- Lost wages and income, including future pay and loss of opportunity
- Costs of medical devices, home alteration, and other accommodations if you become disabled
- Funeral costs and expenses
- Legal fees and costs.
Non-economic damages: These damages are less easily calculated but seriously affect your enjoyment and quality of life. Non-economic damages include:
- Emotional anguish and anxiety, depression, and psychological disturbances such as PTSD
- Chronic pain, neuropathy, or physical pain
- Lowered quality of life due to disability
- Loss of consortium.
Non-economic damages may be calculated by use of a “multiplier.” This method takes the economic cost of treatment and multiplies it by a number from 1 to 5. The resulting figure is compensation due for your pain and suffering.
Punitive damages are rarely available in personal injury cases unless the defendant’s conduct was unusually egregious. Cases of gross negligence, intentional torts, and wanton recklessness may warrant punitive damages. The purpose of punitive damages is to punish the defendant in cases where the conduct does not quite rise to the level of criminal behavior.
Victims of personal injury cases need the best settlement to recover from their physical and emotional injuries. In Philadelphia, they need The Cochran Firm and our experienced attorneys to help them get the award that will help them on their road back to health.
Frequently Asked Questions
You probably have immediate questions if you’ve had a serious slip and fall or other personal injury accident. Before you meet with your attorney, here are answers to some of the most common questions The Cochran Firm gets asked:
Should I talk to the insurance company after the accident?
No. You should not talk to the insurance company after your accident. Despite the cheerful advertising and promises, even your own insurance company is not your friend or on your side. Insurance companies are businesses and want to pay off claims quickly and for as little money as possible. Even those dealing in good faith may give you a lowball offer or pressure you to settle. If you sign the wrong document, you may waive your rights to seek damages against the other party or the insurance company. Advise any insurance company who calls that you are speaking to an attorney, and let us handle the negotiations.
How long do I have to file a case?
Pennsylvania has a two-year statute of limitations to file a case for personal injury or wrongful death. There are other requirements for filing claims in wrongful death cases. If you miss the deadline, the courts may refuse to hear your case, although sometimes there are exceptions for unusual circumstances. If you think you have a case but believe the statute has run, contact The Cochran Firm and let us review your case.
What if I am partially responsible for the accident?
Even if you were partially responsible for your accident, you might still be able to recover damages. Pennsylvania follows the modified comparative negligence rule, meaning that as long as you are less than 51% at fault, you may still recover the proportion of the settlement that reflects the defendants’ fault.
What if a loved one died in the accident?
If a loved one died in the accident or dies later from their injuries, their personal representative can file a claim on behalf of the estate. If they fail to do so, then beneficiaries may file a claim six months after the death. There are other requirements for filing a wrongful death claim, and they must be followed carefully. If you think you have a wrongful death claim, you should contact an attorney right away.
What does it cost to hire a slip and fall attorney?
Hiring the slip and fall attorneys at The Cochran Firm does not cost anything. We work on a contingency basis. We will handle all fees and costs of your case, and you will pay nothing until the case settles. Fees and expenses will be taken from the award. We aim to leave you free to recover at your own pace while we handle the legal work.
If you have any additional questions, please contact a slip and fall attorney at The Cochran Firm today at 800-969-4400
Contact Our Philadelphia Slip and Fall Attorneys at The Cochran Firm Today
For more than four decades, The Cochran Firm has helped Philadelphia residents get the justice and compensation they deserve. We provide individualized representation for our clients with our experienced legal team and the resources of talented and zealous attorneys. To schedule your free, personal consultation, call us today at 800-969-4400.