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A fall injury may not sound severe at first, but the reality is that fall-related injuries are a leading cause of workers’ compensation claims, missed days of work, lost productivity, and personal injury claims in the United States each year. Therefore, if you recently suffered a slip and fall on someone else’s property or sustained a fall injury while performing your job duties, you may have grounds for legal action that can help you secure recompense for your losses.
Ayers, Whitlow & Dressler is a team of experienced Monroe, NC, attorneys with extensive professional experience in workers’ compensation cases, personal injury claims, and premises liability disputes. If you believe another party caused your recent fall injury, or if you believe you have reason to claim workers’ compensation benefits after a fall injury at work, we can help you determine your best options for legal recourse.
Falls often result in severe injuries, some of which can require extensive recovery time and pose a host of adverse symptoms and medical complications to victims. Unfortunately, some fall injury victims develop permanent disabilities from these experiences, while others do not survive their falls. Whatever your case may entail, it’s vital to consult an experienced Monroe falling injury attorney as quickly as possible to build your claim.
Attempting to recover from any falling injury alone would be incredibly difficult. Whether you face a workers’ compensation claim, a personal injury case, or a combination of legal proceedings following your falling injury, you will be best equipped to approach the situation with confidence when you have experienced legal counsel advising you.
Your legal team can ensure your case meets all procedural requirements with the court, such as meeting filing deadlines for specific forms and paperwork. In addition, the right attorney will assist their client in determining exactly how their fall accident happened and whether another party is responsible. Depending on how your falling injury occurred, your case proceedings could touch on premises liability law as well as North Carolina’s personal injury statutes.
Ultimately, every civil claim filed in Monroe, NC, is unique, and it’s vital to have legal counsel you can trust to address the unique details of your own case. A fall injury can easily result in life-changing effects the victim might not know how to address on their own. If you or a loved one recently suffered a fall in Monroe, and you are unsure whether you have grounds for legal action that may help you recover, it’s vital to consult a Monroe falling injury attorney as quickly as possible.
Some slip and fall injuries result in minor scrapes and bruises, while others are more damaging. The height of the fall, the type of surface onto which the victim fell, and the overall medical condition of the victim are all important variables regarding the potential damage a falling incident can cause. Injuries that a fall accident victim may experience include:
Many falling accidents result in multiple injuries. Some victims seem to be fine initially after these incidents, only to notice adverse symptoms later. Others do not display significant symptoms at first, only to experience the tremendously painful effects of previously hidden injuries later.
North Carolina upholds workers’ compensation laws that are among the strictest in the country, and almost every employer in the state must carry workers’ compensation insurance coverage. Additionally, employers must help injured workers file their claims for workers’ compensation benefits. Employers may not interfere with a workers’ compensation claim or take punitive action against a worker who requests the materials needed to file a claim.
In North Carolina, workers’ compensation claimants can potentially receive full coverage for their medical expenses. This includes expenses for treating the victim’s injuries and helping them heal and the cost of managing ongoing symptoms. When the injured party cannot work because of their injury, workers’ compensation can potentially offer ongoing disability benefits that reflect the severity of their condition. Partial disability benefits are possible when claimants can still work but cannot earn as much because of their injuries, and claimants who can’t work at all until they are able to recover can be awarded total disability benefits.
While workers’ compensation can be a valuable lifeline for any injured worker in Monroe, the benefits a claimant receives may not be enough to fully compensate their losses. In these situations, injured workers must determine whether they can pursue legal action outside the workers’ compensation system. For example, when a person sustains a slip and fall outside of work, they cannot look to the workers’ compensation system for compensation. They must instead compile a personal injury case. Whatever your situation entails, Ayers, Whitlow & Dressler has the resources and experience necessary to guide you through your case proceedings.
Success with a personal injury claim in North Carolina requires identifying the party responsible for your falling injury and proving the scope of the resulting damages. For example, when a personal injury claim hinges on an act of negligence, the plaintiff must prove that the defendant failed to act with reasonable care, directly resulting in their claimed damages. On the other hand, if a falling injury happened because of an act of intentional misconduct or intent to harm, the defendant will likely face criminal charges in addition to liability for the victim’s civil damages.
Your Monroe falling injury attorney can assist you in compiling your personal injury claim for a fall injury. It will be necessary to assess the full economic impact of the incident and gather evidence and witness testimony to support the plaintiff’s claim. In the event a falling injury case involves any technical or complex variables, it may be necessary for a Monroe falling injury attorney to consult expert witnesses to help their client prove liability.
Most personal injury claims filed in North Carolina each year end in settlement. As long as the defendant is willing to accept liability for the plaintiff’s claimed damages and agrees to negotiate, it’s possible to settle a civil dispute for a falling injury relatively quickly. However, settlement may not be an option in some cases. If a defendant refuses to accept liability, disputes the damages sought by the plaintiff, or the two parties cannot reach a mutual agreement in a private settlement, the case will proceed to litigation.
Ayers, Whitlow & Dressler strive to help clients resolve their cases as efficiently as possible. A swift settlement can secure the compensation you and your family need to recover after a fall injury. However, our team can provide even more robust support if your case must proceed to a trial. We have years of litigation experience we can leverage on your behalf in this situation.
If you were injured in a fall at work or while performing your job duties in Monroe, NC, you likely have the ability to claim workers’ compensation benefits for immediate recovery following your injury. Alternatively, you may be able to file for other types of insurance coverage depending on how and where your accident occurred. However, if insurance cannot fully compensate your damages from a falling injury in Monroe, you will need to begin a personal injury case naming the person or party that caused your injury. Workers’ compensation benefits typically include complete coverage of all the victim’s medical expenses and ongoing weekly benefits while they recover.
In North Carolina, workers’ compensation benefits are awarded temporarily for most claims, but some workers who sustain severe falling injuries can qualify for permanent disability benefits. Some insurance carriers attempt to settle these claims with large lump sum offers. However, even an expansive workers’ compensation claim settlement may not fully cover the losses a severe falling injury entails. If a specific party bears fault for your recent work-related falling injury, you can proceed with your workers’ compensation claim, and your Monroe falling injury attorney can help you compile your personal injury claim.
Regardless of whether you can expect workers’ compensation or other insurance to provide recompense for your fall accident injuries, a personal injury claim can enable the plaintiff to obtain compensation for all of their economic damages:
One key difference between a workers’ compensation claim and a personal injury claim is the ability to seek compensation for pain and suffering. No matter how severe a falling injury may be, a workers’ compensation insurance carrier is unlikely to provide any compensation for a claimant’s pain and suffering. Alternatively, the personal injury laws of North Carolina enable plaintiffs to ask for fair compensation for their non-economic damages, such as physical pain, emotional distress, and psychological trauma.
The amount a plaintiff can claim in compensation for their pain and suffering hinges on their injury’s severity and prognosis for long-term or permanent complications. North Carolina does not limit the amount a personal injury plaintiff may seek in pain and suffering, except for medical malpractice cases.
In any North Carolina civil claim in which negligence is a factor, the state’s contributory negligence statute could come into play. This law upholds that a plaintiff bearing partial responsibility for their claimed damages cannot recover compensation from a defendant, even if their shared fault is slight. Defendants in North Carolina civil claims often attempt to assert contributory negligence to avoid liability for personal injury damages. If you have any concerns about contributory negligence arising as a factor in your falling injury case, your Monroe falling injury attorney is the resource to consult on how to address your concerns.
The right attorney can tremendously impact the outcome of any civil case. When you have Ayers, Whitlow & Dressler representing you in a falling injury case, you can expect compassionate and personalized legal representation through all phases of your claim. We understand that each client faces unique challenges and opportunities in their personal injury case, so we take an individualized approach to personal injury representation.
The sooner you speak with an experienced Monroe falling injury attorney, the sooner you can start building your personal injury claim to seek recompense for your losses. Ayers, Whitlow & Dressler have the experience and resources you need behind you as you pursue compensation for a falling injury someone else caused. To speak with a Monroe falling injury lawyer about your case, contact us today and schedule a consultation with our team.
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