There are more than 2.5 million people who suffer traumatic brain injuries (TBIs) nationwide each year (National Institutes of Health (NIH)). Slip and falls are one of the most common causes of accidental head injuries. Following a serious accident, victims need justice and the maximum available compensation. At Gibbons Legal Car Accident & Personal Injury Lawyers Philadelphia, we have extensive experience with these types of cases. Here, our Philadelphia slip and fall accident attorneys provide a guide to head injury claims in Pennsylvania, including your legal options and the potential settlement value of your case.
Head Injuries from Falls are a Serious Risk
Concussions and traumatic brain injuries (TBIs) are a serious risk from slip and fall accidents. Indeed, they are amongst the most common serious slip and fall accident injuries. Head trauma from a fall can escalate quickly. The full symptoms do not always appear immediately. Indeed, TBIs often arise with a somewhat delayed onset. A victim may walk away, then deteriorate hours later. Traumatic brain injuries range in severity. Concussions sit on the milder end but still disrupt cognitive function. Moderate and severe TBIs can involve intracranial bleeding, cerebral edema, and sustained loss of consciousness.
Immediate Medical Care is Required for a Slip and Fall Head Injury
You should always get immediate medical attention for a head injury sustained in a slip and fall accident. A prompt evaluation by a licensed physician is a must. It serves a critical clinical function. Head injuries can worsen without clear warning signs. A CT scan may identify acute bleeding. MRI studies can reveal more subtle injury patterns, including diffuse axonal injury or contusions. That neurological examination provides baseline data. Physicians assess pupil response, motor strength, coordination, and cognitive function. A Glasgow Coma Scale score helps classify severity at the time of evaluation. Changes over time matter. A declining score signals increasing intracranial pressure or evolving injury. Delayed care increases the risk of complications.
What to Know About the Liability for Head Injury from a Fall in Pennsylvania
Slip and fall accidents are fault-based legal claims. A business owner or property owner is not automatically liable merely because a slip and fall happened on their premises. Instead, liability in a slip and fall case turns on premises negligence. An injured victim must prove that the property owner or occupier failed to maintain reasonably safe conditions. The defendant must have known or should have known about the hazard and failed to correct it within a reasonable time.
A Note On Comparative Fault: Pennsylvania’s comparative negligence rule applies. Recovery is reduced in proportion to the injured victim’s share of fault and barred at 51 percent. Defense counsel will often focus on the conduct of the victim. Distraction, failure to observe an open condition, or improper footwear. Each argument seeks to shift responsibility. For example, if you are found 20 percent liable for your own slip and fall accident, your compensation will be reduced by 20 percent as well. That could take thousands of dollars out of your settlement. A Philadelphia slip and fall accident lawyer will fight to protect you against an unfair finding of liability.
Know the Deadline: Slip and Fall Injury Statute of Limitations in Pennsylvania
Slip and fall accident injury claims are time-sensitive. In other words, you do not have an indefinite amount of time to bring a slip and fall accident case in Pennsylvania. Under Commonwealth law (42 Pa. Cons. Stat. § 5524(2)), an injured victim must file a lawsuit within two years of the date of the slip and fall accident. There are only very narrow exceptions to that deadline. Notably, missing it is a big deal. It can bar recovery entirely. In Pennsylvania, courts can dismiss claims with prejudice if they are not filed before the statute of limitations expires. Do not miss your chance to pursue justice: Consult with a Philadelphia slip and fall lawyer right away after a serious accident.
Note: A proactive approach can make a big difference in a slip and fall accident case. You do not want to allow the defense or insurance company to get the upper hand in the claims process.
Recovering the Maximum Head Injury Slip and Fall Accident Compensation in Philadelphia
In Pennsylvania, slip and fall accident victims have the right to seek the maximum financial compensation. With that being said, insurance companies are not on your side. They often fight hard to settle claims process for less, potentially even denying liability. Do not rely on an insurer to protect your best interests. You need a top advocate on your side. Our Philadelphia, PA slip and fall accident lawyer can help you get the maximum compensation for a head injury, including for:
- Property damage;
- Ambulance costs;
- Emergency room care;
- Other medical bills;
- Physical therapy;
- Mental health support;
- Lost wages;
- Diminished earnings;
- Pain and suffering;
- Mental distress;
- Long-term disability;
- Permanent impairment; and
- Reduced quality of life.
How Our Philadelphia Slip and Fall Head Injury Lawyer Can Help
If you or your loved one suffered a serious head injury in a slip and fall, you must have strong, experienced legal representation. A serious head injury can change your life. Do not take on the claims process all alone. At Gibbons Legal Car Accident & Personal Injury Lawyers Philadelphia, we have a proven record of case results and client testimonials. With experience handling traumatic brain injury claims and slip and fall accident claims, you can rely on our law firm for personalized advocacy. Your initial case review with our Philadelphia slip and fall accident attorney is free and fully confidential.
Contact Our Philadelphia Slip and Fall Head Injury Lawyer Today
At Gibbons Legal Car Accident & Personal Injury Lawyers, our Philadelphia slip and fall accident attorney is committed to fighting for justice for victims. Suffered a head injury in a fall accident? Call us now or contact us online for a free, no-commitment case evaluation. It is our mission to put clients first. With an office in Philadelphia, we handle slip and fall injury claims throughout all of Southeastern Pennsylvania, including in the zip codes of 19111, 19114, 19115, 19116, and 19118.
