5 Tips for Obtaining Compensation for Slip, Trip, and, Fall Accidents

In the event that you or somebody you care about has been harmed in a slip, trip, and fall mishap, it's essential to recollect that the means you take quickly following the episode are significant to building the most ideal lawful case. This where role slip and fall lawyer in Hawaii comes to picture. 

Here are some few essential tips to take after a slip, trip, and fall mishap:

1 - Look for Medical Treatment

Your wellbeing or the soundness of a friend or family member ought to be your main need following a slip, trip, and fall mishap. In the event that you've been harmed, it's critical to see a specialist with the goal that your wounds can be appropriately archived. Those restorative records will be imperative bits of proof should you choose to look for remuneration for your wounds. 

2 - Report the Accident

Regardless of where the slip, trip, and fall mishap occurs in a store, on a walkway, or at a companion's home—ensure you report it to a supervisor, proprietor or landowner. Make sure to get the subtleties of the occurrence recorded as a hard copy ask the chief, proprietor or landowner to make a composed report, and solicitation a duplicate before you leave. 

3 – Gather crucial details

It's critical to gather the names, addresses, telephone numbers and email addresses for every potential observer. Their announcements could help demonstrate your case in the event that you choose to seek after a lawful case. Likewise, make sure to take photos of the EXACT area where you fell and make a point to photo any stairs, frosty patches, or different conditions that added to your mishap. 

Scribble down what you were doing well before the mishap, the manner in which you fell, and some other subtleties, including the specific time and date. Likewise: Place the shoes and dress you were wearing amid the mishap in a sheltered stockpiling place. They might be important bits of proof later. 

4 - Don’t Give Statements

Stay cool and utmost your correspondence with the property proprietor or administrator. Try not to present any subtleties related on your mishap via web-based networking media. Decay to give an announcement to an insurance agency until you've addressed a lawyer. Try not to put fault—and don't take any. 

5 - Call an Attorney

While thinking about legitimate activity, the best individual on your side is an accomplished slip and fall lawyer in Hawaii. Since many slip, trip, and fall cases are intricate and hard to demonstrate, you are best served by the assets of an effective law office. We have the experience, learning, and reputation of accomplishment to recoup the cash you merit.

In Final words

These were some substantial tips which are necessary to be followed for obtaining compensation for Slip-/Trip-And-Fall Accidents.

The Scene Of The Accident

There are 100,000 serious traffic accidents each year in Hawaii, 150 of those fatalities. Nearly 12,000 people are injured in our state each year. With so much at stake and so many accidents it is important to know what to do if you are involved in a motor vehicle accident. Here is a suggested car accident procedure list:

10 Important Steps To Take After A Car Accident

1.     Stay at the scene.
2.     Check on drivers and passengers.
3.     Call 911 or point to someone at the scene and tell them to call.
4.     Exchange contact and insurance information.
5.     Talk to witnesses.
6.     Inform your insurance company.
7.     Keep track of your medical treatment.
8.     Take pictures.
9.     Get a property damage valuation.
10.  Don't discuss the accident except with your attorney.

Additionally, you may wish to get a copy of the police report. If you have serious injuries you should consult an attorney who has an established reputation in personal injury.

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Hawaii Motor Vehicle Accident Attorney

Motor Vehicle accidents are the leading cause of injury in Hawaii. Each year, thousands of our residents and our visitors are seriously injured on our roads. These accidents include: automobile; truck; bus; motorcycle; moped; bicycle; and pedestrian. Many are injured by drunk drivers. If you are injured in a motor vehicle accident, it is important that you understand your basic legal rights in order to protect yourself and your family.

Understanding How No Fault Insurance Works

Hawaii is a "no fault" jurisdiction for motor vehicle accidents. This does not mean that nobody is at fault for the collision. It simply means that the insurance company for the owner of the vehicle in which the injured person is a driver or passenger is responsible for payment of the first $10,000 in medical bills. This amount is owed by the insurance company for the vehicle's owner regardless of any fault on the part of any motorist.

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Jan Weinberg – Recent Hawaii Case – Premises Liability

In July 2013 the Hawaii Supreme Court addressed the issue of a landowner’s duty to render aid to an injured person on its premises.

Winfrey v. GGP Ala

Moana (7/18/13, SCWC 30589).

The Winfrey case involved bizarre and unfortunate facts. A twenty- two year old

woman had climbed onto a rooftop area at the Ala Moana Center. Ala Moana

security went to the rooftop because two restaurants had complained that their

exhaust fans weren’t working. The young woman was discovered barefoot, in

shorts, tanktop, and had grease over her hands, feet, hair, and face. She  repeatedly jumped on the top of the exhaust duct. When the sheet metal on the duct collapsed, the woman squeezed into the duct thru a small opening.

Eventually, this unfortunate woman worked her way down the exhaust duct to an area where she was trapped in a small space over the stove in a restaurant, the Little Café Siam. She remained trapped while Ala Moana security eventually
contact the Honolulu Police Department and the ambulance service. While on the
phone with the ambulance service (EMS), Ala Moana security overheard EMS
incorrectly inform the Honolulu Fire Department that the woman had already been removed from the exhaust duct. In fact, the woman was still trapped in the small space above the stove of the Little Café Siam. There was also evidence at trial that the stove of an adjoining restaurant, the Poi Bowl, remained on while the woman was trapped.

Eventually, the injured woman was removed by firemen from the space where she was trapped. She lapsed into unconsciousness and was pronounced dead at the Queen’s Medical Center. An autopsy determined the cause of death to be“hyperthermia and respiratory compromise.” Prior to trial, the trial judge granted summary judgment to the defendant Ala Moana on the grounds that it did not owe a duty of care to protect the injured woman. The decision was appealed to the Intermediate Court of Appeals, which upheld the trial court’s decision. The Hawaii Supreme Court granted certiorari.

The Hawaii Supreme Court reversed the granting of summary judgment in favor of Ala Moana. It held that under Chapter 338 of the Restatement of Torts 2d. the occupier of land, Ala Moana, owed a duty to protect persons on its premises from “forces” which posed a risk of harm to trespassers. The “forces’ in this case were found to be heat, smoke and gases in the exhaust system. The Court also held that under Chapter 314 A of the Restatement of Torts 2d, a land occupier owes a duty to assist injured persons on its premises when it is or should be aware of the injury. The Court rejected defendant Ala Moana’s argument that it was entitled to immunity from suit under the Hawaii good samaritan statute.

The Hawaii Supreme Court remanded the case to the First Circuit Court for a jury trial on whether the above duties owed by Ala Moana as a land occupier had been breached. 

Contact Jan Weinberg for a FREE consultation to review your case. Jan Weinberg will meet you at the hospital, your home, or office.

Reference Source: Hawaii Personal Injury Lawyer

Recent Hawaii Case of Medical Malpractice

Buenafe v. Kiehm, 125 Haw.30, 251 P.3d 47 (ICA 2011)

Under Hawaii statute, before a claim for medical malpractice can be filed in court, the plaintiff first has to file a claim with the Medical Inquiry Conciliation Panel (formerly the Medical Claims Conciliation Panel). The claim must be in writing.

In this case, the plaintiff filed suit after filing a claim with the Medical Claims Conciliation Panel. The written claim submitted to the panel failed to allege that there was a lack of informed consent to a surgical procedure. The trial court granted partial summary judgment against the plaintiff that dismissed the claim of lack of informed consent. The ICA upheld the trial court’s decision.

This decision is a red flag to plaintiffs’ counsel to make sure that all claims are identified in writing in the mandatory administrative proceeding. Failure to do so could lead to the harsh result of any new claim being barred.

Contact Jan Weinberg for a FREE consultation to review your case. Jan Weinberg will meet you at the hospital, your home, or office.

Reference Source: Hawaii Medical Malpractice Attorney

Hawaii Lawyers

Lawyers, Lawyers, everywhere you look it seems like there are lawyers. Or somebody’s relative is a lawyer. It is true that after the creation of the Richardson School Of Law in 1973 the number of lawyers in Hawaii has risen dramatically. It was the vision of the late, greatly talented trial lawyer, Wallace Fujiyama, and the former Chief Justice of the Hawaii Supreme Court, William Richardson, that Hawaii needed a local law school of national prominence in order to cultivate local talent as well as to incorporate local values.

According to the Hawaii State Bar Association, in 2011 there were 4632 actively practicing lawyers in Hawaii. Given a population approaching 1.5 million, the ratio of attorneys was 29.3 per 10,000 persons. This ratio compared to 42.4 lawyers per 10,000 persons in California and an incredible 774.9 lawyers per 10,000 persons in Washington, D.C.

The relatively small size of the Hawaii Bar means that most of the attorneys who practice personal injury law will get to know each other over the years. Therefore, unlike some other jurisdictions, it is important for lawyers to cultivate a reputation for integrity and for civility. This atmosphere, although competitive, means that lawyers don’t constantly have to live in fear that a commitment or promise given by a colleague will be broken in an instant. In other larger cities, such as Los Angeles and Manhattan, it is much more of a dog-eat-dog environment in the legal sector.

Reference Source: Law Offices of Jan M. Weinberg

Castillo Family Testimonial

Testimonial by Steven Castillo whose mother was injured in an automobile accident. The family was represented by Honolulu Personal Injury Attorney, Jan Weinberg.

Source Link: Jan Weinberg