Slip and fall accidents can cause significant injuries and even death. If you or a loved one are injured in a slip and fall accident in California and the injury occurred on another person’s property, you or your survivors may be able to file a legal claim for injuries, medical bills, hardships suffered, or wrongful death. Slip and fall accidents are one of the most common types of personal injury lawsuits.
The National Safety Council reports that slip and fall mishaps are the most common reason people visit an emergency room. More than a million people suffer slip and fall accidents every year, and 17,000 or more of these injuries in an average year cause death.
LOS ANGELES SLIP AND FALL ATTORNEYS
It is important to contact an experienced Los Angeles slip and fall lawyer as soon as possible. The injured person’s personal injury lawyer must prove the property owner or tenant of the property was negligent or responsible for the injuries suffered.
TYPES OF SLIP AND FALL ACCIDENTS OUR SLIP AND FALL ACCIDENT ATTORNEYS CAN HELP WITH
A slip and fall accident happens when you slip or trip over something on the ground. If you fall and injure yourself, the resulting accident may be called:
• Stump and fall—when you trip over an object when walking
• Trip and fall—when you trip over an impediment
• Step and fall—when you experience an unanticipated hole or other failure in the surface while walking
These accidents may also result from water, food, grease, or ice on the walking service. If the walking surface is improperly maintained, including broken steps or crumbling floorboards, or the area is poorly lit, an accident may result.
RESPONSIBILITY FOR SLIP AND FALL ACCIDENTS IN CALIFORNIA
Property owners and tenants bear responsibility for maintaining the walking surface, but the person walking on the possibly dangerous surface also has some responsibility for preventing an injury or avoiding a slip and fall accident.
The real estate owner must keep his or her property safe in California, but the person encountering a potentially dangerous walkway or surface must also take reasonable care to avoid injury.
To build the slip and fall case, the slip and fall attorney must show that the property owner/tenant knew the property was dangerous, and that:
• The owner and/or tenant had reasonable time to repair the property condition
• The owner and/or tenant should have known about the potentially dangerous condition of the property
All parties bear some responsibility in a slip and fall legal claim. The injured person must demonstrate that he or she took care when encountering the dangerous ground or surface, and the real estate owner must show the reasonable care was taken to maintain safe conditions. Hiring a Los Angeles slip and fall accident law firm can be beneficial in circumstances like this.
The California court system reviews each party’s comparative liability. In a lawsuit, the courts will attempt to determine how much responsibility should be borne by the injured person and how much responsibility the owner should bear for the injury.
The assignment of liability is used to calculate how much compensation or damages the owner should pay the injured person and how much of the costs the injured person must shoulder.
Engaging an experienced Los Angeles slip and fall attorney is essential after a slip and fall accident. A property owner may make a direct offer of settlement to the injured person, but a first offer is likely to be less fair compensation for the injury.
Work-Related Slip and Fall Accidents in California
Slip and fall accidents also happen at work but, most of the time, you cannot file a lawsuit against the employer in California. Work-related slip and fall injuries are typically covered by California worker compensation laws.
California Slip and Fall Compensation
When injured in a slip and fall accident in the state of California, you may receive compensation for:
• Medical bills and treatments related to slip and fall injuries
• Lost earnings or wages from employment, including time required to attend physician or physical therapy appointments
• Future lost earnings due to slip and fall injuries
• Costs required to hire a household worker because you cannot perform these duties
• Repair and/or replacement of personal property that was damaged/destroyed in the slip and fall accident
• Permanent disability, disfigurement, or death resulting from a California slip and fall incident
• Pain and suffering or emotional distress resulting from a slip and fall accident
• Other costs incurred from the accident
Statute of Limitations for California Slip and Fall Accident Claims
The window of opportunity to file a slip and fall accident claim in California is relatively short. California law states that the plaintiff has two years from the date of the slip and fall injury to file a lawsuit.
In some cases, the California personal injury attorney may be able to reach a settlement with the property owner and/or tenant or the insurance company representing either or both. A professional, experienced Los Angeles slip and fall attorney will always prepare for trial, because settlement communications may break down.
It is important to file a lawsuit within the two-year period. You give up rights to file a lawsuit against the owner or tenant for compensation if a claim is not filed within the statute of limitations period.
Where to File a Slip and Fall Claim in California
If the slip and fall accident claim is greater than $7,500, the plaintiff’s attorney files the lawsuit in California Superior Court. If the claim is less than $7,500, the injured person should file an injury claim in California Small Claims Court. A consultation with a California slip and fall attorney will identify the specific court needed to resolve the plaintiff’s claim.
Each slip and fall accident is a unique occurrence and each slip and fall legal claim differs in the assignment of responsibility to the parties involved. An experienced personal injury attorney must explore the precise circumstances involved in the accident and gather information about medical and healthcare bills, lost salary or wages, and pain and suffering caused by the accident:
• Filing a slip and fall accident legal claim is not a do-it-yourself project. Direct settlement offers from property owners and/or tenants to the injured victim are likely to be less than fair compensation amounts.
• Experienced Los Angeles slip and fall attorneys engaged by the property owner or tenant or their insurance companies want to assign greater responsibility to the victim or reduce the slip and fall accident compensation award.
Yagoubzadeh Law Firm’s experienced Los Angeles slip and fall lawyers are standing by to discuss your potential legal claim. Contact California slip and fall attorneys at (800) 982-9070 now. Yagoubzadeh Law Firm charges no fee unless we win the case.