A New York woman who suffered injuries after a fall in front of a Burger King franchise has had her lawsuit placed under Alternative Dispute Resolution process. According to a news report on PennRecord.com, the woman slipped and fell on ice and suffered injuries while walking toward a Burger King restaurant in Fairview. In her lawsuit, the victim names the defendants as Patterson-Erie Corp. and Burger King Corp.
The lawsuit states that the slip-and-fall incident resulted in an upper arm fracture, rotator cuff damage, and other injuries to her right shoulder as well as causing an injury to her nervous system. The victim claimed that both defendants were negligent as they failed to keep the property safe and that the defendants knew or should have known that there were dangerous conditions on the walkway to the entrance, and that those conditions could result in injury to its customers, the article stated. The court’s decision to move the lawsuit stems from the submittal of an Alternative Dispute Resolution (ADR) request, which was made by the attorneys of record in the case, based on a recent notice filed with the court.
What is Alternative Dispute Resolution
Based on the New York State Courts’ website, ADR refers to a variety of processes that help parties resolve disputes without a trial. ADR processes typically have both parties take steps and initiative to resolve their dispute, which contributes to more effective and enduring solutions as well as a sense of greater satisfaction with the outcome. In general, ADR is a cost-saving and faster settlement process.
ADR processes include mediation, arbitration and neutral evaluation etc. These processes tend to be confidential, less formal, and less demanding than traditional court proceedings.
• Mediation: Here, both the parties involved in a dispute are helped by a neutral person (mediator) to better communicate and settle their dispute by finding a mutually acceptable resolution.
• Arbitration: Here, an arbitrator (a neutral person) will decide on the outcome of the dispute/case after hearing the arguments and examining evidence presented by both sides. The rules regarding evidence are usually less stringent and the process is also less formal. The arbitrator’s decision is final in a binding arbitration process and the parties agree not to appeal.
• Neutral Evaluation: This process involves a subject-matter expert who provides an assessment of the possible court outcomes to the disputing parties. The assessment is based on hearing brief arguments of the case for each party as well as an evaluation of their strengths and weaknesses. The individual maintains a neutral position throughout the process.
Slip-and-Fall and Trip-and-Fall Injuries
Slip-and-fall and trip-and-fall accidents may result in serious, life-changing injuries to victims, potentially leaving them with catastrophic and lifelong disabilities that may require a lengthy period of treatment and care with physical therapy and/or rehabilitation. Head injuries, neck and back injuries, broken bones, internal organ trauma and lacerations are common in these types of incidents. An estimated one third of slip-and-fall or trip-and-fall accident victims sustain moderate to severe injuries including bruising, hip fractures and head injuries. Also, the most common fractures that occur from slip-and-fall accidents are fractures of the spine, hip, forearm, leg, ankle, pelvis, upper arm and hand. Traumatic brain injuries (TBI) among older victims are often caused by slip-and-fall accidents, which also accounts for 46 percent of all deadly falls.
Victims of slip-and-fall or trip-and-fall accidents can seek compensation for damages including, but not limited to, medical expenses, lost income and benefits, hospitalization, rehabilitation, permanent injuries, disabilities, past and future pain and suffering, etc. The family member of a deceased victim may file a wrongful death lawsuit seeking compensation for damages such as lost future income, medical and funeral costs, pain and suffering, etc. The value of your claim will depend on your injuries and the amount of damages that you have sustained as well as the extent of liability of the at-fault parties.
How You Can Protect Your Rights
If you or a loved one has been injured in a slip-and-fall or trip-and-fall accident, the experienced New York personal injury attorneys at the Law Offices of Kenneth A. Wilhelm can help you better understand your legal rights and options, and also fight hard to recover just compensation for you. Our law firm recovered $1,700,000 for a woman who slipped and fell and received no hospital or medical treatment for one month after the accident.
Please call our offices TOLL FREE 24 hours a day, 7 days a week at 1-800-WORK-4-YOU (1-800-967-5496) to discuss your slip-and-fall case or trip-and-fall injury or accident case. WE CAN EVEN COME TO YOU. There is no attorneys’ fee unless we recover money for you. We can also help with personal injury cases in New Jersey, Connecticut, Pennsylvania, or Florida. If you have been seriously injured in any of the 50 U.S. states, please call us and we will try to help you with your case.
Other TOLL FREE phone numbers for us are:
1-800-RADIO-LAW, 1-888-WYPADEK, OR 1-800-LAS-LEYES
Please visit us at: www.WORK4YOULAW.com
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