Slip and Fall

(Premises Liability)

Slip and Fall

(Premises Liability)

Slip and Fall

(Premises Liability)

A slip and fall accident on Maui is not a laughing matter.

According to the NCOA, falls are the leading cause of fatal injury and the most common cause of nonfatal trauma-related hospital admissions among older adults. Falls result in more than 2.8 million injuries treated in emergency departments annually, including over 800,000 hospitalizations and more than 27,000 deaths.

Whether it's at a hotel, restaurant, store, other commercial establishment, or even private property, "slip and falls" are really any hazard that the premises owner knew or should have known and failed to warn you about is responsible for your injuries as a result of being hurt from that hazard. Examples of hazards include puddles of liquid, hidden holes, and inadequately maintained stairs. This is known as "premises liability."


Our greatest glory is not in never falling, but in rising every time we fall.
Confucius

What do do after the Fall:
The Process

Call for Help

If you're able, call the police or 911. Police will document the scene, collect witness statements, gather insurance information of all parties, and try to figure out what caused you to fall or be injured.

Document the Scene

Though the police do their best, sometimes they don't get all the critical information. Whether at a hotel, commercial establishment, private property, or anywhere else, it is imperative that you document your personal injury as best as you can.

Taking pictures, or even noting who was present can help you build a strong legal case and maximize the chances of your recovery. There can never be enough information to look over. Something small now may be critical later on. From wet floors not properly signaled, to dark stairwells or floor construction defects, there are many places where such an accident could easily occur and then later on be cleaned up.

If the slip and fall accident on Maui happened at a commercial establishment, there might be video footage of your fall. Contact our legal team immediately so that we can make sure to ensure that the footage is preserved for your case.

Get Medical Treatment

If you've called the police of 911, chances are an ambulance with medics will arrive. Many times adrenaline will cause you to overlook injuries. Let medics examine you. Don't be afraid to take an ambulance to the hospital if recommended. Try to remember the details and particular circumstances in which you slipped and fell.

Start the Insurance Claims Process

Once you've been medically stabilized and recovering, it is time to begin the insurance claims process with whoever owned the area where you were hurt. Most establishments have premises liability insurance.

Keep Up With Treatment

After the initial trauma and shock wears off from the crash, it will be time to start comprehensive treatment. You'll usually start by following up with your primary care provider, who will dictate your treatment. Treatment varies: it can be conservative such as massage therapy and physical therapy. It could require surgery immediately or down the road. Whatever it may be, it is important to listen to your doctors and keep up with their treatment plan not only for your well-being, but to preserve your rights related to your case. Unfortunately, unless the premises liability insurance has specific coverage, this treatment will be covered by your personal health insurance provider until the case is resolved.

Settle Your Case

When the time is right, and assuming you've met the procedural hurdles, your case will be ready to attempt to settle with the premises' insurance company. The time to settle will vary, but will usually occur after your injuries have resolved or there is a reasonable determination of when they will resolve. Settling prematurely will only lead to not being made whole.

What We Do

We take the guess work out of the process. Locally based with deep roots in the community, our Maui lawyers will help you with your insurance claims, reduce or eliminate the unpleasant amount of paperwork, assist your treatment plan, and proceed with litigation if necessary. Many times, insurance carriers and the property owners attempt to blame the injured person for falling. Our legal team finds this unacceptable. We will not hesitate to initiate suit on your behalf to ensure maximum compensation for your injuries and losses.

"To me, a lawyer is basically the person that knows the rules of the country. We're all throwing the dice, playing the game, moving our pieces around the board, but if there is a problem the lawyer is the only person who has read the inside of the top of the box."

Jerry Seinfeld

With years of experience representing injured clients, we offer a guiding hand to stabilize your life immediately after you're hurt. When ready, we proceed with litigating the case either pre-suit or with a lawsuit if necessary.

Your case is unique, with its own nuances and details. We try to learn all those details so that we can step into your shoes to try and understand how the crash and injuries affected your life to best fight on your behalf with strength and compassion.


Who pays for medical treatment?


Most of the time, your personal health insurance will pay for your medical expenses related to injuries. At first, this confuses people: why should they have to pay out of pocket costs as well as use their own insurance when it wasn't their fault?

Part of your lawsuit will include the whole amount of medical expenses, not just what your insurance paid. After the case is resolve, in many circumstances you will be obligated to reimburse a portion of those medical expenses paid back to your personal health insurance company. This is what is a "lien."

However, there’s a high probability that your medical providers, and even the insurance companies themselves, will try to deny coverage. This is against the law. We’ll make sure that you get the treatment you need for your recovery and legal case.

The Attorney-Client Relationship

Just like finding a good doctor, you need a lawyer that makes you feel comfortable and confident.

We are a family firm. We treat our clients the same.

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Fee

You don't owe anything

Unless we win your case.


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