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Caputo & Van Der Walde
Local Personal Injury and Accident Attorneys
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Injured in a slip and fall accident? Our San Jose attorneys at Caputo & Van Der Walde bring decades of experience to help you secure compensation for medical bills, lost wages, and more. Call now for your free consultation.
Every time we enter either public or private property with permission, we have the right to expect that the property owner has taken appropriate measures to ensure that our visit will be free from accidents caused by avoidable hazards. Unfortunately, there are plenty of times when appropriate caution hasn’t been exercised and someone slips or trips and falls due to a hazard. A slip and fall accident can lead to serious injuries like brain injuries, spinal cord injuries, broken or fractured bones, as well as other devastating consequences for the victim.
Fortunately, there is a legal process to seek compensation for negligence through a premises liability claim against the owner, possessor, maintainer, or manager of a property. The process of dealing with an insurance company and working to get fair compensation is complicated — especially while trying to deal with the recovery process.
Insurance companies focus on settling claims for their policyholders as cheaply as possible, typically at the expense of the victim. When victims work with an experienced personal injury lawyer in San Jose throughout the process, insurers know that they won’t be able to rely on intimidation tactics and attempts to overwhelm the claimant with legal documents to manipulate them into accepting a low settlement offer.
The team at Caputo & Van Der Walde – Injury and Accident Attorneys offers a free initial consultation with an experienced San Jose slip and fall attorney. We can take the time to get a clear understanding of the situation and then provide advice on how best to move forward with your personal injury claim.
As you look towards the future of your care, possible mounting lost wages, growing medical expenses, and other issues, connecting with a team of slip, trip, and fall lawyers in San Jose can give you peace of mind knowing that someone is willing to help you.
While it may seem simple enough to file a claim with the property owner’s insurance company and wait for an offer, the reality is much more complex. Personal injury law is complicated, and insurance companies will use this to their advantage when dealing with a slip, trip, and fall accident victim.
As the name implies, a slip, trip, and fall accident is exactly that — a premises liability issue where someone visits another’s property and encounters a hazard or danger that causes them to slip, trip, and fall.
A property owner is liable for the conditions on their property, and if the property owner breached their duties to the visitor and allowed them to encounter a dangerous area that caused an accident, they may be held liable.
Whether your slip and fall happened on private property, a public area, or a government-owned property, you have rights as a legal visitor that experienced slip and fall attorneys can help you understand.
The following are just a few of the different ways that someone can slip and fall due to a dangerous condition on someone else’s property. Whether or not you see your own type of accident addressed below, contact our law firm right away to discuss your situation and learn about how we can help you move forward with your case. If the property owner knew or should have known about the condition and failed to provide you with an adequate warning, you deserve compensation.
Although no two cases are the same and will vary in the legal issues involved, the following is a general outline of the stages you will encounter:
At any step in the above process, a settlement negotiation can take place and reach an agreement. Even if a trial has begun, settlement agreements remain an option. While having basic knowledge of the legal processes involved can provide a good groundwork for pursuing a slip and fall accident case, the best recourse is to rely on a lawyer who can help you secure the level of compensation you deserve. Let a San Jose slip and fall attorney from our law firm be that trusted resource and genuine friend for you.
California premises liability law states that the owner of a property – a house, a business, or any other real estate – has a duty to exercise reasonable care in using or maintaining the property. This duty includes responding to known slip/trip hazards to fix them and/or to warn visitors about the dangers. A slip and fall case typically deals with four issues, each of which you will have to prove.
Our San Jose slip and fall accident lawyers at Caputo and Van Der Walde – Injury & Accident Attorneys are ready to assist you with your case and prove these four elements. Give us a call today to learn more.
Every slip and fall accident is different, but in many cases, the parties responsible for maintaining a public area can be held liable when an injury occurs. These parties often have insurance to cover public liability. Our firm may be able to help you file a claim against the party that owns or operates a business in a particular public space, especially if the link between negligence and an accident is an obvious one.
If you slipped and fell at work, then you might have a few options. If your accident was caused by a third party’s negligence – like a subcontractor – then Caputo and Van Der Walde – Injury & Accident Attorneys can help you with a third-party injury claim. We recommend you speak with a workers’ compensation law firm if you think you also qualify for those benefits. However, you might be able to file a personal injury claim while also getting workers’ comp, so please call now to see if we can help you.
You might be required to undergo an independent medical exam (IME), depending on the details of your case. The defense in a slip and fall case often requests an IME once a lawsuit is filed, and the majority of these cases involve a lawsuit. Therefore, it is likely that you will have to undergo an IME for your slip and fall case. We can help you prepare for any questions that the examining doctor might have.
If you can file a personal injury claim in San Jose after slipping or tripping and falling on someone else’s property, California law usually allows you to seek compensation for medical costs, lost wages, and other financial liabilities. The specific compensation differs according to the facts of your case.
As members of the Multi-Million Dollar Advocates Forum® and the Million Dollar Advocates Forum®, we have proven our ability to negotiate and litigate on behalf of our clients successfully. Retain us to put our tactical strategies to work for you. These skills are what make our legal team such a formidable opponent in any courtroom or negotiation setting.