You can file your own personal injury lawsuit or claim, negotiate a settlement with the insurance company, and even defend the claim in court. However, keep in mind that the property owner, their insurance carrier, and possibly their attorneys are all out to fight your claim. You will surely face a difficult uphill battle.
Cases involving slips and falls are notoriously difficult to prosecute, and fault and all liable parties are not always obvious. Besides, the property owner may challenge your claim by stating that your carelessness or clumsiness contributed to your misfortune.
Although the ABA
(American Bar Association) reports that 60% of plaintiffs choose to represent themselves in civil court, several studies show that they are significantly disadvantaged by doing so.
The important thing in establishing negligence in a California slip, and fall accident is to prove negligence (carelessness). While a property owner is responsible for keeping their premises safe, the plaintiff must nonetheless establish the following:
We understand how difficult it can be to establish negligence in a slip and fall accident. However, thanks to our dedicated and skilled personnel, we have the resources necessary to obtain the restitution you deserve. The types of evidence we can help you obtain to prove your claim include, but are not limited to:
Property owners must maintain a safe and hazard-free environment. While most slip and fall accidents result in minor injuries, others cause serious injuries such as broken bones, traumatic brain injuries, dislocated hips and joints, and severe neck and back pain. In fact, unintentional falls have consistently been among the leading causes of death in the U.S.
Accidents involving slip and fall (trip and fall) can happen almost anywhere. These kinds of incidents frequently occur as a result of:
Compensation in California personal injury cases depends on your unique circumstances and particular facts of your case. When you hire us, we'll go over your medical files, accident-related bills, or other pieces of evidence you've gathered to determine what kind of compensation you're entitled to. You may seek compensation for:
People whose loved ones died following a slip and fall accident may be entitled to compensation from the irresponsible property owner. There are many forms of damages that you can claim after the death of a loved one, including:
How much time do I have to file a personal injury claim?
Statutes of limitations differs depending on the type of lawsuit. It's the window of time in which you must file a personal injury claim before it becomes legally barred.
The California Civil Code Section 335.1 sets a two-year statute of limitations for bringing claims for personal injury (or wrongful death) resulting from another's negligence or unlawful behavior.
However, there is a six-month ((for some cases, one year)) restriction on filing a claim if you slip and fall on government property.
No matter how long the statute of limitations is, you mustn't wait until the last minute to file a claim. Consult with an attorney with relevant experience as soon as possible.
Be prepared for the property owner to claim that your slip and fall accident was largely your fault before suing or filing an insurance claim. However, you can avoid losing a significant chunk of your court award by working with an experienced personal injury lawyer. Your attorney is skilled at countering such arguments and closing any legal loopholes that the defendant's attorney may attempt to exploit.
If you have been injured, both physically and emotionally, in a slip-and-fall accident and want to know more about your odds of winning your case, and legal options, get in touch with us immediately. Negotiating agreements has been a part of our work for several years now, and we know how to help you get the compensation due to you or your loved one.
Serving California and Washington States
Blake Law Group represents and helps victims of accidents and employee harassment receive the maximum compensation they deserve.
Call today for your free consultation.
California
One Park Plaza, Suite 600,
Irvine, CA 92614
Washington
22525 SE 64th Pl, Suite 200,
Issaquah, WA 98027