Van Nuys Slip and Fall Lawyer

Van Nuys Slip and Fall Attorney

Being involved in a slip and fall accident can be both physically painful and very inconvenient. Slip and fall accidents are a type of personal injury that may require a lawyer for you to obtain your due compensation. If you are involved in a slip and fall accident, whether at work, another place of business, or a housing complex, you should contact a Van Nuys slip and fall lawyer.

A slip and fall claim is a type of premises liability claim, that a Van Nuys personal injury lawyer can assist you with. It is important to not only be prepared with details surrounding the incident but also know the statute of limitations for filing a claim. Your lawyer can assist you with these as well as other aspects of your claim.

Examples of Slip and Fall Injuries

Sometimes, slip and fall accidents do not cause any injuries. However, other incidents can result in significant damages.

Examples of injuries that can result from a slip and fall accident are listed below:

• Neck and back injuries, including whiplash
• Broken bones
• Head injuries
• Lacerations
• Fractures
• Knee and leg injuries
• Sprained wrists

How Is Fault Proven in a Slip and Fall Accident?

Slip and fall accidents can happen on any property, including residential or commercial. Property owners have a legal duty of care to keep their property reasonably safe for all visitors. In your premises liability claim, you must prove that the defendant, or the owner of the property, was the cause of your accident due to their negligence, failure to warn of dangerous conditions or other reasons.

A description and example of each type of fault are as follows:

• Negligence – Most slip and fall accidents are due to negligence. When a property owner does not fulfill their duty of care, or they neglect to maintain their property, this is considered negligence.
  • Example: An owner of an apartment building neglects to repair cracks in the foyer’s marble floor, and one of the residents slips and falls, breaking their neck.
• Failure to warn – Failure to warn is also a form of negligence but, instead of neglecting to make a repair, for example, the owner may neglect to warn residents, visitors, customers, etc. of a potential safety hazard.
  • Example: A shop owner spills his mop bucket but has a customer at the register who needs to check out. The owner forgets to put up a caution sign in front of the spill, and a customer slips, falls, and injures their back.
• Dangerous conditions – Dangerous conditions occur when an owner creates a hazardous environment for individuals walking in a certain area. Sometimes, this is because the owner directly caused the problem. In other cases, they neglected to fix, clean up, or maintain something, causing the condition.
  • Example: A homeowner neglects to salt an icy patch in front of their house. A guest slips and falls, sustaining a head injury.

The main factor in determining fault in a slip and fall accident is proving that your injury was caused by the dangerous conditions of the property. Having photographic proof of both your injuries and the conditions that caused your fall is helpful for your case’s success.

What If I Was Partially at Fault?

In many slip and fall cases, the defendant will use a comparative negligence defense, which means that both parties are responsible for their own safety as well as any injuries sustained. The defendant may claim that you were negligent and caused your own injuries. For example, they may assert, among other points, that:

• You were not paying attention to where you were walking.
• There was a sign cautioning of the danger, but you ignored it.
• You were in an unpermitted part of the property.
• Your own recklessness or carelessness caused your injury.

Under comparative negligence laws, even if you were partly responsible for your injuries, you can still salvage partial compensation. The amount you are awarded is then reduced by your percentage of fault in the accident. For example, if you were 30% at fault for the accident, you may recover 70% of the damages.

Van Nuys Slip and Fall FAQs

Q: How Much Do Slip and Fall Lawyers Charge?

A: The cost for a slip and fall lawyer varies based on three main factors: the lawyer’s experience, the case’s complexity, and the firm’s location. Lawyers with a lot of experience and a strong history of success tend to have more expensive rates, as do lawyers who work out of areas with a high cost of living. If your case is complex, it may also require more billable hours.

Q: How Successful Are Slip and Fall Claims?

A: The success rate of slip and fall claims varies. It can depend on your ability to prove negligence or fault, the extent of your injuries, and your lawyer’s skills. California has personal injury laws that may protect you, but the outcomes of your individual case depend on the judge’s discretion and your lawyer’s skill.

Q: How Much Is Pain and Suffering Worth in a Slip and Fall Case?

A: The amount of pain and suffering compensation you may recover in a slip and fall case is based on the judge’s discretion. Pain and suffering is a compensable loss in slip and fall accidents in Van Nuys, and there is currently no cap on pain and suffering in these cases, unlike with some medical claims. To learn more about pain and suffering compensation in slip and fall accidents, consult your lawyer.

Q: How Can I Negotiate a Slip and Fall Settlement?

A: If you are involved in a slip and fall accident, the at-fault party’s insurer will evaluate the situation and make a settlement offer. If you are not satisfied with this offer, which is often much lower than it should be, your lawyer can negotiate for a settlement that fully reflects your losses. It is important to be prepared with all the evidence and details associated with the event to have the greatest chance of success.

Contact Freeman & Freeman, LLP

Slip and fall accidents that result in injury can be painful, inconvenient, embarrassing, and life-altering. If your accident was caused by another party’s actions, you may be entitled to compensation. At Freeman & Freeman, LLP, we have a long history of getting results for our clients. Contact us to set up a consultation; we are happy to talk with you about your case.