Tripped and Injured: Find Out Your Legal Options
Slip and fall accidents can result in severe injuries. According to the Centers for Disease Control and Prevention, slip and fall accidents are the leading cause of Traumatic Brain Injuries (TBI) among victims of all ages. If you or someone you love has been hurt in a slip and fall accident, a Los Angeles slip and fall lawyer can help you understand what steps to take next.
Whether it’s a wet floor or a hidden hazard, knowing what to do after an accident can make all the difference. Don’t let an injury disrupt your life without seeking the help you deserve.
Quick Summary
Below is an overview of the key points of this article.
- A slip and fall accident happens when someone slips or trips on a hazard and gets hurt. Property owners are responsible for keeping their premises safe for invitees and licensees but are not liable if the victim was trespassing.
- Slip and fall accidents often happen due to uneven walkways, worn-out or wet floors, and bad weather conditions like rain or snow. Other causes include unstable ladders or stairs and lack of safety rule among others.
- Slip and fall accidents can cause serious injuries, especially for older people. Common injuries include broken bones, hip fractures, wrist sprains, knee injuries, muscle strains, cuts, head injuries and traumatic Brain Injuries, to name a few.
- To prove a slip and fall case, show the property owner knew about the danger and didn’t fix it. Report the accident, see a doctor, take pictures, gather evidence, keep your clothes and shoes, and contact a Los Angeles slip and fall lawyer for help.
- In California, you have two years from the date of a slip and fall accident to file a lawsuit. Missing this deadline means you lose the right to seek compensation, but certain situations, like if the victim is a minor, can extend this period.
- To prove negligence in a slip and fall case, you must show the property owner didn’t maintain their property properly. You need evidence that there was a hazard, the owner knew or should have known about it, and they didn’t fix it or warn people. Witness statements, pictures, and videos help prove negligence.
- If you’re hurt from slipping or tripping on someone’s property, you can file a compensation claim. The insurance company will investigate and decide whether to pay you. If they don’t agree, you may need further legal help.
- In a slip and fall case, the compensation you receive depends on how severe your injuries are, how they impact your life, and the details of your situation. This can include covering medical bills, lost wages, pain and suffering, changes in your lifestyle, and, in extreme cases, punitive damages to punish the responsible party.
What Constitutes a Slip and Fall Accident?
A slip and fall accident occurs when a person slips or trips on a hazard, falls and frequently sustains injuries. A slip and fall is a personal injury case in civil law in which someone is injured on the property of another. The purpose of this type of premises liability claim is to hold the property owner legally liable for the fall.
Slip and fall accident claims are typically premised on the fact that the property owner owed the victim a duty of care and breached this duty by failing to keep the premises safe.
Under California law, only invitees and licensees are owed duties of care by property owners.
Invitees and licensees are individuals who have explicit or implicit permission to enter a property, such as customers of a business. If the victim were trespassing at the time of the accident, the property owner would not be liable for damages, as property owners owe trespassers no duty of care.
What Are the Most Common Causes of Slip and Fall Accidents?
Some of the most common causes of slip and fall accidents include:
- Uneven walkways or surfaces
- Worn-out floors
- Wet floors
- Weather conditions like rain or snow
- Unstable ladders
- Unstable stairs
- Not enough safety rules
- Loose steps, rugs, or mats on stairs
- Spills that haven’t been cleaned
- Oil, grease, or other substances on the floor
What Are the Common Slip and Fall Accident Injuries?
A slip or trip can lead to serious injuries, especially for older people. Hip fractures from falls can cause dangerous health problems for seniors. Anyone, regardless of age, could get hurt badly in a fall.
- Broken bones
- Hip fractures
- Wrist fractures or sprains
- Knee injuries
- Muscle strains
- Cuts and scrapes
- Head injuries
- Traumatic Brain Injuries (TBIs)
- Back injuries
- Spinal cord injuries and paralysis
- Nerve damage
What to Do Following a Slip and Fall Accident in California?
Making someone accountable for your slip and fall needs proof that they knew about the danger and didn’t fix it properly. As the person who got hurt, there are things you can do to make your case stronger, even before talking to a lawyer. Here’s what to do after a slip and fall:
- Report the Accident. Tell a store manager, your boss, or the property owner about your slip or fall. Ask for an official report.
- See a Doctor. Don’t wait to get medical help for your injuries. Go to the nearest hospital, explain what happened, and get copies of your medical records.
- Take Pictures. Before leaving the accident spot, snap photos of where you slipped and any injuries you have.
- Gather Evidence. If there were witnesses, get their details. Check for security cameras that might have recorded the fall. Hang onto the clothes and shoes you were wearing.
- Get Ready for Your Claim. Gather all the info and papers you can about the accident and your injuries. Then, reach out to a Los Angeles slip and fall lawyer for help with the next steps.
What is the California Slip and Fall Statute of Limitations?
You should not wait too long to seek legal counsel and file a personal injury claim in California following a slip and fall accident. California’s statute of limitations allows you no more than two years from the date of the accident to file a lawsuit. If you miss this two-year deadline, you will forever lose the right to seek compensation, with few exceptions.
Note, however, that certain circumstances, such as if the victim is a minor, will extend the deadline. Act immediately to protect your legal rights and schedule a free consultation with a Los Angeles slip and fall accident lawyer.
How Can I Prove Negligence in My Slip and Fall Accident Injury Claim?
After figuring out who’s in charge of the property, you need to show they didn’t take good care of it. You do this by checking:
- There was a risky situation on the property, either from nature or something made by people. For instance, a spill in a store aisle or an icy walkway at a hotel.
- The person responsible knew or should have known about the danger.
- They didn’t fix the problem, warn people, or make sure visitors were safe from it.
The simplest way to show someone was careless in a slip and fall case is with what witnesses say, pictures, or videos.
How is the Slip and Fall Insurance Claim Process?
If you or someone you care about got hurt from slipping or tripping on someone else’s property, the owner might be responsible. Making a slip and fall claim can help get money for the damages caused by the accident.
Notification and Initial Claim Filing
After you slip and fall, you or your lawyer will tell the insurance company of the property owner or whoever’s responsible for where you got hurt. You’ll fill out a form with some basic info about what happened and your injuries.
Investigation by the Insurance Company
The insurance company will check out the claim. They’ll look at your medical records about the injury, check the place where it happened, and might talk to witnesses. Then they’ll decide if their policyholder is responsible for your injuries and how much.
Demand Letter and Negotiation
After treatment or assessing your injuries, you or your lawyer will send a payment request to the insurance company. They may offer money, and there will usually be negotiations about the claim’s value.
Settlement or Dispute
If the insurance company gives you a fair offer, and you say yes, then the case is over, and you get paid. If you can’t agree on an offer, your slip and fall accident lawyer might suggest doing more legal stuff, like mediation, arbitration, or going to court.
Resolution and Compensation
After you agree on a payment or a court decides, the insurance company will give you a check for the amount you agreed on. You’ll have to sign a form saying you won’t take any more legal action about this slip and fall.
What Compensation Can I Get From My Slip and Fall Accident Injury Lawsuit?
The amount of money you get usually depends on how badly you’re hurt, how it affects your life, and the details of your case. Here’s a basic idea of how they figure it out:
Medical Expenses
- Current Medical Bills. Include all costs from the injury, like hospital bills, medication, physical therapy, and medical equipment.
- Future Medical Costs. If the injury causes long-term or permanent disability, include estimated costs for ongoing treatment, surgeries, or rehabilitation.
Lost Wages and Earning Capacity
- Lost Income. This includes wages lost because you took time off work to recover.
- Reduced Earning Capacity. If the injury affects your ability to work in the future, this loss is calculated and included in the compensation.
Pain and Suffering
The money you get for pain and suffering can vary a lot since it’s based on how badly you’re hurt and how much emotional and physical pain you’re going through because of the accident.
Loss of Quality of Life
This covers money for how your life has changed, not being able to do things you loved before the accident and any lasting disabilities.
Punitive Damages
If someone was careless, they might have to pay extra money called punitive damages. These are meant to punish them and stop them from doing the same thing again.
Why Do I Need a Los Angeles Slip and Fall Lawyer?
If you have been injured in a slip and fall accident, you might wonder why you need a Los Angeles slip and fall lawyer. Here are some important reasons:
- Understanding Your Rights. A lawyer helps you understand your legal rights and options. They make sure you know what you deserve.
- Dealing With Insurance Companies. Insurance companies might try to pay you less than what you should get. A slip and fall lawyer fights for fair compensation for your injuries.
- Proving Liability. To win your case, you need to prove that the property owner was careless. A Los Angeles slip and fall lawyer knows how to gather evidence, talk to witnesses, and build a strong case for you.
- Calculating Damages. Injuries from slip and fall accidents can lead to high medical bills, lost wages, and other costs. A personal injury attorney helps calculate all the damages, including future expenses, so you get the right amount.
- Reducing Stress. Legal processes can be stressful and confusing. A lawyer handles the legal work, letting you focus on recovering from your injuries.
Hiring a Los Angeles slip and fall lawyer ensures that your case is handled professionally and that you receive the best possible outcome. This support can make a significant difference in your recovery and future well-being.
Speak With Our Trusted Los Angeles Slip and Fall Accident Lawyer Today
Accidents involving slipping and falling can cause significant physical, mental, and emotional harm to you and your family. You must retain our Los Angeles slip and fall lawyer who will take the time to get to know you and the circumstances surrounding your fall, and who is familiar with your potential compensation options.
Our trusted legal team understands the value of your case as well as the insurance adjusters. By utilizing this knowledge, many of our slip and fall cases are settled out of court, allowing our clients to receive the compensation they deserve. With years of experience, we have successfully recovered numerous settlements for past personal injury clients.
In the unlikely event of a trial, our competent litigation team will present your case to the jury at your side. We have clients throughout California, including Los Angeles. Contact our California personal injury attorneys at Conlogue Law LLP immediately if you’re prepared to take a stand and fight to protect your rights.
Call our law office or fill out the online form to receive a free review of your slip and fall case. We can also represent you in Bicycle Accidents, Boat Accidents, and Car Accidents.
