If you suffer injuries or had damaged property from a slip and fall accident, someone is negligent. It makes sense to explore your options about getting compensation. Consult a well-versed California slip and fall accident attorney for the possibilities.
Recovering damages from a slip and fall accident is easier said than done. You need to do many things, such as gathering medical records. In other words, filing a claim is a complex process, and you’ll need a reputable and honest advocate to help you.
Liability in a Slip and Fall Accident
A “slip and fall” is under a premises liability accident in California. However, not all falls are conducive to slip and fall liability. You can say that a person is negligent when he or she:
- Knows the duty of care to ensure that property’s premises are safe for everyone
- Aware of the risky condition on the property he owns or manages
- Neglects to fix, safeguard against, or provide adequate sign or alert of the condition
When the Government Becomes Liable for Your Accident
If your accident was due to a government employee or agency’s carelessness, you need to follow a procedure when filing a claim. You have to provide a notice of your claim within six months. It’s important to give the state or the responsible department to respond to your declarations.
Statute of Limitations for Slip and Fall Accident in California
In California, the statute of limitations is usually two years from the date of the tragedy. In some instances, it may be “tolled“ or suspended. This happens if the defendant is out-of-state for a definite time or if the injured person is below 18 years old.
If a personal property broke from a slip and fall accident, such as a phone, there would be a three-year deadline to get a lawsuit filed over replacement or repair. California Code of Civil Procedure section 338 set this law.
A well-versed California slip and fall accident attorney can help you file a claim. He knows what documents you need to prepare and other requirements. Likewise, he will advise you that filing earlier is better. If you fail to file before the deadline, you’ll lose all your rights to get compensation.
How Would You Prove the Defendant’s Negligence Caused Your Accident?
To have a successful case, you need to prove the defendant’s negligence caused your injuries and losses. You’ll need to present pieces of evidence, including:
- Testimonials of accident reconstruction experts
- Available video footage of the incident
- Attending physician’s medical treatment notes of your condition
- Witness statements
What Do You Need to Prove to Recover Damages?
To recover damages, you must establish the following elements. It would be easier if you had a well-versed California slip and fall accident attorney on your side to help you.
- The responsible party owned, leased, occupied or managed the property
- The liable party was careless in using or maintaining the property
- The victim suffered harm from slipping or falling on the premises or property
- The defendant’s recklessness contributed to the pain or trauma of the victim
Most Common Causes of Slip and Fall Accidents
A slip and fall accident occurs for several reasons. Here are some of the most common causes of slip and fall accidents.
- Wet floors
- Plumbing leaks
- Spills from liquids or oil
- Uncovered or entangled cables and cords
- Broken furniture, such as a chair foot
- Loose carpeting
- Broken or missing railings from stairs or a ladder
- Uneven floors
- Failure to fence off construction sites
- Failure to put up warning signs about known hazards
What Types of Damages Can You Recover from a Slip and Fall Accident?
Generally, an injured victim’s types of compensation are compensatory and punitive. Compensatory damages pursue compensation for the losses you endured because of the injury caused by someone else’s negligence. Punitive damages, on the other hand, aim to prevent the responsible party from committing future wrongdoings.
In a majority of cases, injured victims will seek compensatory damages:
- To cover medical bills and other expenses
- To get compensation for the lost earnings
- Make up for lost earning capacity
- Pain and suffering
The court will rarely award punitive damages in a slip and fall accident. Generally, the negligence doesn’t rise to the degree of such a breach of care that the court considers punitive action is necessary. Examples of situations include:
- The liable party’s neglectfulness led to miserable injuries or wrongful death
- The responsible party deliberately destroyed the proof of liability
Slip and Fall Accident Injuries? Contact the Big Ben Lawyers
Did you or a family member suffer injuries from a slip and fall accident due to someone else’s negligence? We urge you to speak with one of our well-versed California slip and fall accident attorney for help at Big Ben Lawyers.
We provide free case evaluation and strictly work on a contingency fee basis. Our years of experience have helped numerous clients to get the justice and compensation they deserve. Keep in touch with the Big Ben Lawyers. Call us at 818-423-4878 and tell us about your case.