San Jose Slip and Fall Accident Lawyer
Put Decades of Experience on Your Side
At Caputo & Van Der Walde LLP, we realize that not all personal injury cases involve a major accident. In some instances, injury can be sustained from a public hazard, inattention to safety, or negligence that results in a slip and fall accident. Victims are likely entitled to compensation under California state law, which provides for reimbursement for medical bills, as well as lost wages and more.
We can assist you if you have sustained any of the following injuries due to a slip and fall:
Are you ready to file a claim for your slip-and-fall injuries? Call our firm at (800) 900-0863 for your FREE consultation.
Understanding Slip and Fall Cases
There are many reasons that a fall can happen. Items left in public walkways are a main cause of slip-and fall-accidents. Slick surfaces, improper signage, and defective equipment also contribute to serious accidents. In many cases, the party that owns or operates a business in a space is liable. The problem is that identifying "chains of ownership" can be tough when the situation involves multiple parties.
What is the basic process of filing a claim?
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:
- Complaint filing
- Service of complaint
- Response to complaint
- Hearing of challenges
- Discovery motions
- Trial setting (case management conferences)
- Settlement negotiations
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.
I slipped and fell in a public area. Do I have a case?
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.
What if I slipped and fell at work?
If you slipped and fell at work, your employer, or their insurance company, may demand an independent medical exam. This exam can have a huge impact on your case. Because the injuries associated with a slip and fall accident can be difficult to diagnose, different doctors may come up with significantly different findings.
Our firm can advise you on how to handle an independent medical exam and how to speak with a doctor hired by the parties with liability in your case.
While you deal with the independent medical exam, our legal team will be gathering all of the documentation needed to advance the case. We can also help you figure out any complexities regarding workers' compensation, including stacked claims or statutes of limitations. Don't face this alone; call us for the help you need.
Do I need to submit to an independent medical exam?
Parties that are liable in a slip and fall accident case, or their insurance companies, now often request an independent medical exam to conduct their own assessment of injuries. In many cases, a judge can require a victim to submit to an independent medical exam. Speak with your attorney before going to one of these medical exams to learn about what you should or should not say to the examining doctor.
What kind of compensation am I entitled to?
The state of California generally legitimizes compensation for medical costs, lost wages and other financial liabilities for the victim of a slip-and-fall injury. The specific compensation differs according to the facts of your particular case.
Building Your Slip & Fall Accident Case
If you are the victim of a slip and fall accident, you can get started building your premises liability case at once. Securing evidence where the accident occurred is a practical step that can help you and your attorney build your claim.
Some items that we can analyze include:
- Witness testimony
- Accident reports
- Medical assessments
Victims also need a comprehensive knowledge of local statutes and documentation processes. This is why it's a good idea to turn to attorneys at the beginning of your case. An attorney can help you identify details and document facts quickly.
What do I have to prove in a slip and fall case?
In California, slips, trips, and falls are governed by the law of premises liability. This 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 hazards in order to fix them and/or to warn visitors, whether they’re business or social guests, about the dangers. A slip and fall case typically deals with four issues, each of which a victim will have to prove.
These four elements include:
- Duty: Did the property owner have a duty to use reasonable care? Some situations, like trespassing, have limited or no duties involved.
- Breach: If the property owner had a duty, did he or she breach it by failing to use reasonable care? This is also known as “negligence.”
- Causation: If the property owner was negligent, were the victim’s injuries caused by that negligence?
- Damages: Did the victim suffer losses as a result of the accident? This may include medical bills, lost wages, pain and suffering, etc.
Our San Jose slip and fall accident lawyers at Caputo & Van Der Walde LLP are ready to assist you with your case. Give us a call today to discuss your options.
Contact Caputo & Van Der Walde LLP
Need the help of a slip and fall attorney in San Jose, CA or a surrounding area? Caputo & Van Der Walde has helped many clients obtain the compensation they deserve when they have sustained an injury that happened in a public area.
If you or someone you care for was injured in a fall due to someone else's negligence, call us at (800) 900-0863. Our attentive legal staff will help you every step of the way.