Slip and fall accidents can occur because of unsafe conditions that go unaddressed. Slippery floors, broken steps, loose handrails, and dim lighting can cause people to get hurt. If you suffered injuries from stumbling, tripping, or falling on someone else’s property, you could seek compensation.
If you decide to pursue an injury claim, consult a Carson slip and fall lawyer from Pintas & Mullins Law Firm. Call (800) 223-5115 to speak to the legal team about the best course of action for your situation.
An Injury Does Not Always Amount to a Claim
Suffering an injury does not mean you have an automatic claim to restitution. To get compensation, you must prove why the other party should be held accountable for your injuries. This process is necessary to prevent baseless claims. Understand that the court will only allow recovery if you can show another party’s liability in the accident.
Similarly, a claim only becomes actionable if you can demonstrate that you suffered because of the other party’s actions. Whether they acted negligently or intentionally, they do not have any legal responsibility if you had no injuries or did not suffer harm from the accident. Damages are a core element of personal injury claims. You can prove them through medical records, hospital bills, lost earnings, and other documents detailing out-of-pocket expenses.
Keep in mind that the California Code of Civil Procedure (CCP) §335.1 sets the statute of limitations for personal injury cases in California at two years. If you try to file a suit beyond this timeframe, your claim might be rejected.
Personal injury lawyers can help you decipher the laws that apply to slip and fall accidents. You might want to consult an attorney for help determining whether you have a valid case before taking legal action.
Proving Who Is Liable for the Accident
Proving liability is a crucial aspect of any personal injury claim. As the one seeking remedy, you must determine and demonstrate who should be held liable for your injuries.
California’s law on premises liability, California Civil Code (CIV) §1714, holds property owners, possessors, and managers responsible for injuries resulting from an accident on their premises. However, the validity of your claim will still depend on the circumstances of your injury. For instance, intentionally harming yourself will not allow you to hold the other party liable for damages.
To support your claim, you also have to show that the property owner or manager was negligent. Negligence is the underlying legal theory used to establish liability in many slip and fall accidents.
A property owner or manager is negligent if they do not address unsafe conditions, such as slippery floors or broken steps, or fail to give sufficient warning to anyone unaware of the hazard. They failed in their duty to keep lawful guests safe on the premises, despite knowing of the dangers present.
Linking the property owner’s or manager’s actions to your injuries is fact-specific and can be handled by a legal professional. Hire a Carson slip and fall lawyer from Pintas & Mullins Law Firm for assistance in establishing liability.
For a free legal consultation with a Slip and Fall Injury Lawyer serving Carson, call (800) 794-0444
Sometimes, liability does not solely fall on the property owner or manager—you may have been at fault for your accident, too. The liable party’s insurer or lawyer will ask various questions to determine if you were negligent or acted recklessly leading up to the event that caused your injuries.
Comparative negligence is an issue that normally comes up during settlement negotiations. Since California is a pure comparative negligence state, it does not bar financial recovery, even if you have contributed to your slip and fall incident.
However, your degree of fault will impact how much compensation you receive. If you were 20% responsible for the accident, you could only recoup 80 percent of your losses. A Carson slip and fall lawyer can help to prove that you were not at fault or only had a minimal contribution to your accident.
Carson Slip and Fall Injury Lawyer Near Me (800) 794-0444
Understanding the Value of Your Claim
One of the most highly disputed legal matters in personal injury claims is the value of awarded compensation, which can vary dramatically from case to case. A Carson slip and fall lawyer will help you determine the reasonable compensation for your situation. You might seek relief for the following:
You might recover all expenses incurred to treat your injuries, including hospital bills, treatment costs, medicines, doctor’s appointments, and diagnostic exams. If you continue to receive treatment or rehabilitation, the liable party could pay for these, as well.
Taking time from work to recuperate from your injuries could cause you to lose income. If you lost your job or can no longer work because of injury, the value of such losses could also be included in your claim.
You might add property damage costs as civil damages if you spent money to replace or repair any personal belongings broken by the slip and fall.
Pain and Suffering
Non-economic damages like pain and suffering have no concrete monetary values, making them tricky to calculate. In California, lawyers use a single-digit multiplier against losses suffered to estimate how much a victim should be compensated for their unfortunate experience.
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Why You Should Seek Legal Assistance
Pursuing an injury claim is usually not a simple matter, as it requires you to take the correct legal steps to get fair compensation—something that most people do not know how to do on their own. You might want to retain a seasoned Carson slip and fall lawyer from Pintas & Mullins Law Firm. They will offer counsel on the ideal recourse for your situation. If your case goes to trial, they will also represent you in court.
To get started, call (800) 223-5115 for an initial consultation or fill out the free case evaluation form online.