According to the Centers for Disease Control and Prevention (CDC), injuries you can get from falling include broken bones and head injuries. These categories may include:
- Broken hand
- Broken wrists
- Broken bones in your arm
- Traumatic brain injury (TBI)
- Fractured skull
- Fractured facial bones
You may also suffer dislocations, spinal cord injuries, leg injuries, soft-tissue injuries, and other types of injuries from a fall.
Statistics Proving the Danger of Falls
The World Health Organization (WHO) explains that falls:
- Claim the lives of 684,000 people each year
- Caused 37.3 million victims to receive medical attention each year
- Remove a combined 38 million years from the lives of fall victims due to the effects of disabilities
Fall victims may receive compensation for the two types of harm that these statistics speak of: injuries and death.
Are There Risk Factors for Falling?
There are specific risk factors for falling. Mayo Clinic identifies several medical risk factors that may increase one’s risk of falling, including:
- Sensory deficit, which may include problems with sight
- Musculoskeletal problems
- Abnormal blood pressure
- Cognitive impairment
- General weakness
Mayo Clinic also notes that certain medications, environmental factors, or personality traits—such as risk-taking—may increase your chance of falling.
Your job may also be a risk factor for falling. Those who work construction, fast-paced jobs, or other high-risk professions may have greater-than-average exposure to falling.
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Recoverable Losses When a Fall Causes Harm
You may receive compensation if a fall has:
- Injured you
- Injured a loved one who cannot seek compensation for themselves
- Caused the death of your loved one
We will discuss with you the damages that your fall has caused. Our team will also conduct our own investigation, at which time we may discover additional damages. You may receive compensation for all fall-related losses, including:
Pain and Suffering
This category can cover lost quality of life, traumatic memories, anxiety, lost sleep, injury-related pain, loss of cognitive or physical abilities, and other specific losses. You may receive coverage for medication, counseling, and other treatment of pain and suffering.
Past and Anticipated Medical Care
The type of medical care you need and for how long you must receive medical care will depend on your injuries.
Lost Income and Earning Power
When injuries from a fall prevent you from working, you may receive compensation equal to your lost wages and lost earning power. Lost earning power may cover lost bonuses, potential promotions, retirement contributions, and other sources of income.
Wrongful Death-Specific Losses
Certain damages are specific to a wrongful death. Loss of a spouse or parent, lost financial support, and funeral expenses may be common damages in wrongful death cases.
We will review your case to determine which losses entitle you to compensation. With time, our team will determine the monetary value of each of your losses.
How Do You Determine Responsibility for a Fall?
Any injuries that you get from falling may be the fault of a liable party. Generally speaking, someone may be liable for your fall if they had a duty to protect you, they failed in that duty, and your fall was the result of their failure.
Negligence May Determine Liability for Your Fall
Negligence is often the standard for liability in personal injury and wrongful death cases.
Once we identify the party or parties liable for your fall, we may prove their negligence by:
- Stating that they owed you a duty of care
- Proving that they breached their duty of care, exposing you to danger as a result
- Showing that their breach of duty of care caused your fall
- Explaining how their breach of duty of care has caused you to suffer damages
Those in charge of any property may have certain responsibilities. When it comes to fall prevention, a property owner or manager should:
- Maintain constant in-person and videographic surveillance of the property
- Install adequate lighting in all parts of the property
- Ensure that all flooring is free of slipping and tripping hazards
- Ensure that all handrails, scaffolding, and other protective features are sturdy
- Ensure that all stairs are sturdy and even
- Respond quickly to remove or fix any falling hazards
Property owners and managers must take reasonable care to prevent falls. If they did not and you suffer as a result, then they may owe you compensation.
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Our attorneys will pursue the financial recovery that you deserve as the victim of a fall. Call in the Strong Arm to lead your fight for fair awards.
Do not wait to call our firm, as we may have a limited time to file your case under Texas Civil Practice and Remedies Code § 16.003. Give Loncar Lyon Jenkins a call today at (800) 777-7777 for your FREE case review.