5 Back Injuries From Slip and Fall

According to statistics compiled through studies sponsored by the Centers for Disease Control, more than one million people suffer a slip and fall or trip and fall accident in this country every year. The results of the falls range in the extreme from no harm to the person to as many as 17,000 deaths a year. Commonly reported, however, are injuries to the back.

Back Strain vs. Back Sprain

Initially, the person who has fallen may not be able to distinguish between a back strain and a back sprain because the immediate symptoms are similar. Typically, pain, back spasms and limited mobility accompany both types of injury. However, the difference between the two is the type of tissue that is injured in the slip and fall;

  • A strain involves injured or torn muscle
  • A sprain occurs where back ligaments are stretched beyond their normal limits.

Due to the relative strength of the back ligaments, a sprain is most often the result of greater trauma than that which causes a strain. A back sprain is considered a more serious back injury than a strain.

Spondylolisthesis

This is a condition where one vertebra in the back slides over the vertebra below it on the spinal column, most often occurring in the lower back. The impact from a fall can be the trigger that causes this misalignment.

Radiculopathy

Many refer to radiculopathy as a pinched nerve. It can result when the bones, cartilage, muscles or tendons surrounding the spine are damaged. The trauma to one of these types of tissue causes the root nerve in the spinal cord to compress and become inflamed.

Vertebral Fracture

As the name implies, a vertebral fracture is a break in the bones that comprise the spinal column. Although more often occurring in the lower and middle portions of the spine, a fracture can occur anywhere and may be categorized as mild or severe.

Latent Symptoms

If you have experienced a fall, you must be aware of the possibility of injury that does not immediately manifest itself; symptoms from latent injuries may take days, weeks or perhaps months to develop. This is particularly true when it comes to your back. Often some pain and stiffness will be immediately perceptible, but the more serious problems are masked and will not heal without specific treatment.

Seek Medical Treatment

Many people are embarrassed by falling and make the mistake of thinking they will heal by themselves. The reality is that you cannot make that diagnosis yourself; it is far better to have a trained medical professional make that evaluation.

Premises Liability 

If you have been injured by someone else’s negligence, you may have a valid personal injury claim. If your slip and fall accident was due to an unsafe condition created by the owner or controller of some real property or the failure to correct or warn of the problem, you may be able to recover damages under a premises liability theory. Speak with an experienced personal injury lawyer Memphis TN to determine if you have a cause of action.


WBThanks to our friends and contributors from Wiseman Bray PLLC for their insight into slip and fall cases.

Neck Injuries from Slip and Fall Accidents

According to the Centers for Disease Control, 20 percent of falls cause a serious head injury. Millions of people in the United States suffer neck injuries from serious falls, and 2.5 million senior citizens seek treatment in emergency rooms after a fall.

  • Most slip and fall accidents occur in crowded places.
  • The falls are usually caused by slippery or uneven floors.
  • After a fall, the victim must receive medical and legal attention immediately.
  • The hours and days after the fall are a critical time, and the victim’s actions could have an impact on establishing liability.
  • After establishing liability, the victim can pursue legal action and compensation.

Report the Injury Accident to the Property Owner

Our law firm makes every effort to ensure our clients are fairly compensated. If the injury accident happens on private property, the victim should notify the person in charge of the property. If the fall happens in a commercial building, the incident should be reported to the property manager. For accidents that occur on recreational public property, the city should be notified by a phone call and written notification.

Ask for Contact Information From Witnesses

If there are any witnesses to the incident, the victim should gather their contact information. Our attorneys will ask for the witnesses’ full names and phone numbers. Their testimony may have a significant impact on the determination of who is liable for the incident.

Gather Photographic Evidence From the Scene

After gathering information from the witnesses, the victim should take photographs of the injuries and of the accident scene. Videos and pictures should be taken as soon as possible before evidence degrades. The videos and pictures should show the accident location from different angles. The images should also capture any environmental hazards and obstructions. In addition, the victim should take pictures of their injuries immediately after the accident and then again a few days later to show the progression of swelling and bruising.

Seek Immediate Medical Care After the Fall

The victim should seek medical treatment after the incident. Sometimes, complications do not occur immediately after the fall. Residual pain from neck injuries can become an issue days or even months after the accident. If the victim does not seek medical attention directly after the accident, the insurance company can argue that the pain was not caused by the fall. A doctor’s official medical diagnosis can validate the victim’s injuries.

Hire an Experienced Personal Injury Slip and Fall Lawyer

Before speaking with any insurance companies, the victim should hire an experienced Plantation FL work injury lawyer. The process of handling a personal injury claim is complex and delicate. Any omitted facts could make the victim responsible for the incident. Our attorney can help you through the tedious process of proving liability.

During the court’s determination of who is responsible, several factors will be considered. The court will need to know how long the area has been unsafe. They will also need to make sure that the victim did not ignore proper warning signs.

We understand that you may be in serious pain as well as emotionally anxious after a serious slip and fall accident. When you contact us, we will make every effort to safeguard your rights and get you the compensation you deserve.


F&KThanks to our friends and contributors from the Law Offices of Franks, Koenig, & Neuwelt for their insight into neck injuries from slip and fall.

Why Should I Hire a PI Attorney?

You just got into an accident and your world has been turned upside down with calls from insurance companies, and questions from doctors. It helps to have a team who is experienced in dealing with insurance companies and doctors on your side. Below are few reasons why you should hire an experienced personal injury attorney to assist you in your bodily injuries claim:

  1. At the onset of your case, following an accident, an experienced personal injury attorney can advise you whether it is worth pursuing a claim against the other party’s insurance company.
  2. Almost all personal injury attorneys in the Dallas-Fort Worth area work on contingency fee agreement. This means, the attorney wins if you win. The attorney loses if you lose. The attorney incurs the costs and time in pursing your claim for you and then deducts the costs and attorneys fees (depending on your agreement) from the settlement proceeds.
  3. An experience personal injury attorney can refer you out to medical providers and doctors if you are unsure about the type of treatment you require or do not know how to get medical treatment. Since personal injury attorneys work so closely with doctors, they are familiar with the doctors that will see you for the injuries you suffer from the accident.
  4. Most personal injury attorneys have a team of personnel that could do an investigation on your claim and gather all of the evidence, reports, and take pictures of the scene. This step is the most important factor in your recovery.
  5. Due to the experience a personal injury attorney has dealing with insurance companies, a personal injury attorney may be able to settle your case without having the need to file a lawsuit. A personal injury attorney may also be able to let you know if a lawsuit is necessary in the matter. Depending on the law firm, they could file a lawsuit on your behalf, or refer you out to attorneys that are experienced in litigation.
  6. A personal injury attorney may be able to settle your case at mediation if the case is filed and is in litigation. A personal injury attorney will be able to negotiation your case to get you the best settlement possible.

Hiring an attorney to pursue your claims on your behalf will allow you to focus on the important things in your life, your treatment and your health. Contact an experienced personal injury attorney Arlington TX trusts for a consultation today.


BAThanks to our friends and contributors from Brandy Austin Law Firm for their insight into hiring a PI attorney.

Deposing An Expert Witness Like A Doctor or Chiropractor

In many cases, the success of your client’s case will depend on expert testimony. When deposing an expert, whether it be a world-renowned brain surgeon or a licensed plumber, there are rules and considerations that the lawyer must follow to be successful. This article will lay out some of the basic rules of taking the expert deposition that apply to every type of expert.

There are many types of cases where it will be necessary for one or both parties to call an expert witness. The obvious example is the medical malpractice case. The plaintiff must call a witness who is an expert in the field of medicine, in order to establish that the defendant physician departed from good and accepted medical practice(s). Not only will the defendant retain their own expert, but the defendant physician will also testify. In automobile accident cases, the defendant may call a biomechanical engineer or an accident reconstructionist, to try and prove that the accident was plaintiff’s fault and/or that plaintiff could not have sustained the injuries claimed in the accident. The attorney must be prepared to attack the very foundation of the expert’s opinions. This takes a lot of time and preparation.

Know Everything About The Expert. Go beyond the basics. Yes, it is important to know where they went to school, their training/experience and other cases they have testified in. It is just as important to go through the expert’s Curriculum Vitae with a fine-tooth comb. I routinely obtain all articles, text books, publications or journals that the expert lists. I order the abstracts if necessary, as well as power point presentations of any lectures they may have given. I have attended lectures that they have participated in. Make a chart of their opinions along with the specific source so that you have it on hand during the deposition. Have they ever been disciplined by their profession? Each state has a data base that is available to the public concerning professional discipline. Have you obtained all available deposition and/ or trial testimony of the expert? It is also wise to speak with other lawyers who have previously deposed the expert. They can tell you a lot about the witness’s demeanor and personality. Of course, Google searches are mandatory. But don’t be lazy and look at the first 2 or 3 pages. Go deep. In a recent case of mine, I found that the defendant’s expert was thrown off a commercial airline flight for threatening the crew. It was on page 5. I was on notice that he was a “hot head” long before I asked him a single question. Remember that you cannot be too prepared.

Consult With Your Expert. Review your proposed questions with your expert. Be confident that you are not only asking the right questions, but asking them the right way. Make sure that you know the subject cold. This can only be fully accomplished by your expert teaching you what you need to know. Be a student. Ask questions until you know everything you can about the subject matter. Ask your expert to recommend reference materials and what publication(s) does he or she consider authoritative on the issue. Read everything that you can get your hands on concerning the subject. In some instances, like when familiarizing myself with a specific surgical procedure, I have found YouTube videos very helpful.

Establish Grounds For Preclusion. The purpose of an expert at trial is to aid the jury in those circumstances when the expert’s testimony “would help to clarify an issue calling for professional or technical knowledge, possessed by the expert and beyond the ken of the typical juror.” De Long v. County of Erie, 60 N.Y.2d 296, 307 (1983). The proposed expert must have the appropriate education, background, and/or experience in the field upon which he or she will opine. “The expert should be possessed of the requisite skill, training, education, knowledge or experience from which it can be assumed that the information imparted or the opinion rendered is reliable.” Matott v. Ward, 48 N.Y.2d 455 (1979). The expert must be asked questions concerning these basic requirements at the deposition.

If an expert’s opinion is based upon a novel scientific theory it must satisfy the standard of Frye v. United States, 293 F. 1013 (D.C. Cir. 1923). The Frye standard is known as the “General Acceptance Test,” and provides that an expert opinion which is based upon a scientific theory or technique is admissible if the scientific theory or technique is generally accepted as reliable in the appropriate scientific community.

Make sure that the expert can define the relevant scientific community and establish the general acceptance of the theory or technique by showing: (1) The competence of the individual propounding the theory or technique; (2) The purpose of the theory or technique; (3) The procedures for obtaining the results; and (4) The general acceptance of the methodology used by the individual in the defined scientific community. A skilled auto accident lawyer New York, NY has the responsibility to examine all grounds for preclusion whether it be the lack of expertise or exposing flaws in the expert’s facts and/or methods in forming his opinions.

Lock The Expert Into All Opinions. Trial lawyers hate surprises. It is crucial to lock the expert in to his or her opinions. Use blunt, clear and concise questions and have the expert repeat the answers for clarification as necessary. Do not allow the expert any wiggle room in his answer. This is accomplished by posing hypothetical questions, using the specific facts of the case. Make sure to elicit all facts and materials relied on by the expert to formulate those opinions.

Do Not Argue With The Expert. This rule applies to any witness you depose, expert or not. For some reason, lawyers tend to try and match wits with an expert. It may be because the lawyer has spent so much time learning and preparing, that he or she has an inflated opinion of their own mastery of the subject. Don’t lose sight of the fact that no matter how much you prepare, the expert will know more about the subject than you can ever hope to know. Live with it and embrace it. However, that doesn’t mean to be totally deferential. You are there to challenge the expert on the validity of the opinions, not to get into a debate.

We all know that experts can make or break your case. The time to win your case is at the expert’s deposition. This is where you must accumulate the ammunition you will need to put your client in the best possible position to either force a fair settlement or win the case at trial.


okun oddo babat law

Thanks to our friends and contributors from Okun, Oddo, & Babat, P.C. for their insight into deposing an expert link a chiropractor or physician.

Degenerative Disc Disease and Workplace Injuries

What is a degenerative disc disease?

As humans, our discs degenerate over time, often due to one or more factors. The leading cause is age. Degenerative disc disease can be defined as symptoms of pain and possible numbness. It can cause debilitating pain and make it challenging to fulfill day to day responsibilities. Discomfort from a degenerated disc is most often felt along the back and neck.

As much as age can cause this condition to advance, research has shown that it can also be fueled by injuries. This is especially true when the injury results from activities such as lifting heavy weights or making sudden, unnatural movements. A common solution for this condition is surgery as long as the degenerated disc can be located and isolated.

How to Decrease the Risk of Aggravating a Degenerated Disk

You may want to know how as an employee you can deal with this condition and whether the law provides for people in your situation. If you suffered an injury that leads to the worsening of a prior disc injury in the course of duty, you might be entitled to compensation. Top injuries that happen in the workplace are as a result of:

• A fall when reaching out to an object that is placed high and out of reach
• Twisting while lifting objects that are too heavy
• The jerking motion experienced when one trips, even without landing on the ground
• Being hit by a falling object

The above injuries can cause stress, wear, and tear on a degenerated disk. With time, the injured tissue may lead to additional damage and even further degeneration of the discs.

Are you entitled to compensation? 

With degenerative disk disease, it could be easy for the insurance company to claim that the disc degeneration is naturally occurring. Our pooled experiences from several years come in handy in such situations. We will build your case with the aid of medical records. Our goal is to prove that your work injury led to the present condition. The first step is for you to understand that you need the services of an attorney who has extensive experience in this area.

If your job involves heavy lifting and making repeated movements, you may be more at risk for injury. If one occurs, your employer may be held liable for your damages. Regardless of whether you had a prior disc injury, if the degeneration was accelerated in a workplace accident, you should not be punished. Workers compensation covers both new and pre-existing injuries.

A workers’ compensation claim has a statute of limitations, the time frame for which differs by state. The most prudent thing to do is to get in touch with an experienced personal injury lawyer Charlottesville VA trusts who can start the claims process before the time expiration. We offer free case reviews to workers injured on the job. As a highly rated and respected legal firm with a focus on workers compensation cases, we encourage you to contact us today.

Martin WrenThanks to our friends and contributors from Martin Wren, P.C. for their insight into degenerative disc disease and workplace injuries.