Paul CaputoWhen you least expect it, you can suffer a serious trip, slip, and fall accident, resulting in painful injuries. Broken bones, sprains, cuts, and significant bruising are just some of the injuries you can incur. Additionally, you will likely have damages such as medical bills, lost wages, pain and suffering, and in some cases, property damage. If the property owner was found to be negligent, you could receive compensation for your damages.
To get more information about your slip and fall accident case, speak to our experienced personal injury legal team. Contact Caputo and Van Der Walde – Injury & Accident Attorneys now for a free consultation with a Campbell personal injury attorney.
Slip, Trip, and Fall Injuries
When you get injured due to another’s negligence, you can suffer from the following injuries:
Fractures
Falling can cause bones to break, especially those in the arms, legs, wrists, and hips.
Head Injuries
If you trip and hit your head, it can cause head injuries, including concussions, skull fractures, and brain injuries.
Back Injuries
An accident can cause you to land on your back and result in spinal cord injuries, herniated discs, or sprains.
Soft Tissue Injuries
A slip and fall accident can cause soft tissue injuries, including bruises, cuts, and sprains to muscles, tendons, and ligaments.
Hip Injuries
Hitting the ground hard can result in hip injuries, including dislocations, fractures, and sprains.
Knee Injuries
Slipping and falling can cause knee injuries, such as sprains, ligament tears, and fractures.
Neck and Shoulder Injuries
Shoulder injuries, including fractures, dislocations, and rotator cuff injuries, are common in slip and fall accidents.
Complex Regional Pain Syndrome (CRPS or RPS)
Complex regional pain syndrome, or CRPS is an insidious condition that can result from a slip and fall incident.
How to Prove a Slip, Trip, and Fall Case?
To prove that a premises owner is responsible for your slip and fall accident, an attorney will need to demonstrate that the owner was negligent in maintaining a safe environment or failing to warn of a known danger or unsafe condition of the premises. This can be done by establishing the following factors:
Duty of Care
This means the owner had a legal duty to ensure that the premises were safe for visitors.
Breach Of Duty
The premises owner breached their duty of care by failing to take reasonable steps to prevent slip and fall accidents. This may include failing to clean up spills, repairing or replacing broken flooring, or warning visitors of potential hazards.
Causation
The owner’s breach of duty caused your slip and fall accident and that the fall injuries in your claimed injuries.
Damages
You suffered injuries and financial losses as a result of the slip and fall accident.
Investigating Evidence
To establish that the premises owner is at fault, an attorney may gather evidence such as photographs of the scene of the accident, surveillance footage, witness statements, and maintenance records for the property. They may also work with experts such as engineers or safety consultants to determine whether the owner was in compliance with applicable building codes and safety regulations.
An attorney may also consider factors such as the history of similar accidents on the property and whether the owner had notice of the hazard that caused your slip and fall. By building a strong case based on these pieces of evidence, your attorney can help establish the premises owner’s liability and recover compensation on your behalf.
Why You Should Hire a Lawyer for a Slip, Trip, and Fall Injury Case
An attorney can provide a variety of services when obtaining compensation for your slip and fall injury. Some of the services they can provide include:
Case Evaluation
Your attorney can evaluate your case to determine if you have a valid claim and help determine the amount of compensation you are entitled to.
Expert Consultation
Lawyers can consult with experts such as medical professionals or accident reconstruction specialists to help prove your case.
Legal Guidance
Our law firm can provide legal guidance throughout the process, including advice on whether to accept a settlement offer, the potential outcomes of litigation, and the likelihood of success.
Evidence Gathering
Campbell injury lawyers can gather evidence to help prove your claim, including photographs of the accident scene, witness statements, and past medical records and billings, as well as future healthcare projections.
Negotiation
Your attorney can negotiate with the property owner or their insurance company to reach a fair settlement that appropriately compensates you for your injuries.
Litigation
If a settlement cannot be reached, our experienced and trial-tested Campbell personal injury lawyers can file a personal injury lawsuit on your behalf and represent you in court.
Common Slip, Trip, and Fall Accident Questions and Answers
You might have several questions about your personal injuries for your attorney. Common questions you might ask your lawyer include:
How much compensation can I expect to receive for my slip and fall injury?
The amount of compensation you may receive for your slip and fall injury will depend on a variety of factors, including the relative liability of the defendant, the severity of your injuries, the cost of medical treatment, and the impact the injury has had on your life. An attorney can evaluate your case and calculate the amount of compensation you may be entitled to.
Do I need to prove that the property owner was at fault for my slip and fall injury?
To recover compensation for your slip and fall injury, your attorney will need to prove that the property owner was negligent. This may require establishing that the owner was negligent in maintaining a safe environment.
Should I accept a settlement offer from the property owner’s insurance company?
This decision will depend on a variety of factors, including the amount of the offer, the strength of your case, and the potential outcomes of litigation. An attorney can provide guidance on whether a settlement offer is fair and if it is in your best interests to accept it.
How long do I have to file a slip and fall case?
In California, the statute of limitations is two years from the accident date. Talk to Campbell slip and fall lawyers about your personal injury before time runs out. If, however, the responsible party for your fall was a governmental entity, then you have six months to file a governmental tort claim. with that particular governmental entity.
If you are unsure what your settlement amount should be, our law firm can accurately calculate how much you should receive. An experienced attorney can help evaluate your case and determine if comparative or contributory negligence applies. For more information, get a free consultation with an attorney from the Caputo and Van Der Walde – Injury & Accident Attorneys law firm.