Slip and fall accidents can have serious consequences. Fractured or broken bones, head or spine injuries, nerve damage, internal organ damage, or other conditions can leave victims disabled or in pain for a long time. After a serious injury, a consultation with a Reseda slip and fall lawyer is the first step to recovering damages.
Freeman & Freeman, LLP offers more than 30 years of experience providing fierce representation in personal injury law to clients in Reseda. Our seasoned Reseda personal injury lawyers are here to help you obtain the compensation you are entitled to after a slip and fall accident.
Slip and fall cases, which are often called “premises liability” cases in legal terms, sound pretty straightforward. Someone slips or falls and sustains an injury as a result of that accident. However, the type of injury itself does not necessarily provide grounds for a legal claim. In order to recover damages, another party has to hold some amount of liability.
To have grounds for a personal injury claim, certain conditions have to be met:
To recover damages for a slip and fall injury in California, you usually have to show that the property owner is responsible for the circumstances that resulted in the injury. Property owners have a legal duty to take reasonable care of their property to prevent injuries to people on the property. For example, a property owner has to inspect the property regularly for unsafe conditions and repair the safety issues or inform visitors about them, such as with a sign.
In a slip and fall case, you normally have to prove:
In slip and fall and other personal injury cases in Reseda, California uses a system called comparative negligence. This means more than one party may be designated a percentage of fault. This can include the person who was injured. So, if a person’s own actions contributed to their injury, it might limit the amount of damages the victim can receive.
Some examples include:
When someone does not have permission to be on a property, their presence constitutes unlawful trespassing. In most cases, a property owner is not responsible for the safety of their property when someone does not have permission to be there. They are, however, still responsible for posting warnings about potentially harmful conditions.
A: Slip and fall lawyers are usually hired on a contingency basis. This means clients do not pay fees upfront and the lawyer takes their payment from the total damages recovered. The amount of the payment can vary, depending on the facts of the case, the experience and reputation of the attorney, the location of their office, and whether or not the case goes to trial.
A: Each slip and fall case has many unique elements, and their outcomes rely on many elements, such as where the accident happened, how severe the injuries are, whether there are permanent injuries, and how many parties have liability. A personal injury attorney with experience in slip and fall cases can help determine how successful a specific case might be.
A: California does not place a maximum on the amount of damages that can be recovered in a slip and fall case. How much pain and suffering is worth in a particular settlement depends on the extent of the injury and how much it affects the victim’s ability to enjoy their life as they did before the injury. Pain and suffering can encompass both physical pain and emotional distress, and courts will consider both when assessing damages.
A: The statute of limitations for a slip and fall case in California is usually two years from the date of the injury. In some cases, if the symptoms of an injury aren’t apparent right away, the injured person may have two years from the time they realize they are injured. However, if you miss the deadline or accept a settlement, you will likely lose the right to file a claim.
At Freeman & Freeman, LLP, our focus is always on the most favorable results for our clients. If you or a family member have suffered serious injuries from a slip and fall accident, we can help ensure you get the compensation you need to restore your life and hold the liable party accountable for their negligence. Contact our office today to learn about your legal options.