The negligence of a property or business owner in Whittier can sometimes lead to costly slip and fall accidents. For instance, a restaurant or store may fail to place a “wet floor” warning sign on a recently mopped area. As a result, an unsuspecting customer slips on the floor, lands hard on their head, and now suffers from brain damage.
If you were injured in a slip and fall accident due to someone else’s negligent actions, a Whittier slip and fall accident lawyer can help you seek the compensation you deserve. To learn more, contact Pintas & Mullins Law Firm today at (800) 223-5115 for a free consultation.
Liable Parties in a Whittier Slip and Fall Accident
California’s premises liability laws, including California Civil Code (CIV) §1714, state that a property owner can be liable for any injuries in an accident caused by poor management of their property. It is their responsibility to implement reasonable safety measures to protect you from accidents. However, there are also situations where the property owner may not be at fault. Instead, the liable party may be whoever is legally responsible for the place. For example, if you had your slip and fall accident at a store in a shopping mall, the store will likely be at fault for your injuries—not the company that owns the shopping mall. The duty of keeping you safe would fall onto the store once you entered their premises.
A Whittier slip and fall lawyer can help investigate your slip and fall accident to prove the property owner or tenant’s liability. A lawyer can also determine other possible parties involved in the accident, gather evidence such as security camera footage, and search for previous cases of slip and fall incidents as further proof of negligence.
Filing Your Slip and Fall Lawsuit
Once you have determined who is at fault for the slip and fall accident, you can file an injury claim against them. Doing so allows you to receive compensation from the liable party.
If you want to weigh your options first, consulting with a Whittier slip and fall lawyer can help ensure that you take the best course of action for your situation. The team at Pintas & Mullins Law firm can study any state, county, and city statutes that are relevant to your accident and explain all your legal options in detail. Whether you negotiate a settlement or choose to fight in court, our Whittier slip and fall lawyers are here to represent you. To get started, contact us today.
For a free legal consultation with a Slip and Fall Injury Lawyer serving Whittier, call (800) 223-5115
Types of Damages in a Slip and Fall Case
There are generally two types of damages you can pursue in your slip and fall case: economic and non-economic damages. Economic damages compensate for the actual financial costs of the accident. These costs may include hospital visits, rehabilitation, prescription drugs, lost wages, and even lost earning potential. On the other hand, non-economic damages compensate for the hardship you suffered, such as emotional trauma or loss of quality of life.
According to CIV §3294, you may also be able to recover punitive damages. This can occur if you have clear evidence that the liable party was excessively negligent, prompting the jury to add an extra punishment. For example, suppose a convenience store has multiple past cases of slip and fall accidents. Despite several complaints, they did not fix the cause behind these accidents. A Whittier slip and fall lawyer could argue that their indifference to everyone’s safety is malicious—one of several conditions that makes you potentially eligible for this type of damages.
Determining exactly how much you can receive while making your case can be difficult, especially since there are no strict formulas for calculating non-economic damages in California. This is usually done by calculating your economic damages first and then multiplying that figure by a certain number depending on the severity of your injuries. For instance, if you broke your arm and suffered severe pain, the jury might decide that you should receive three times the amount of your economic damages as compensation.
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Comparative Negligence Laws
California is a pure comparative negligence state, which means that injured parties can collect damages even if they are 99% at fault for an accident. Many other states cap this amount at 50%.
While these laws open the door for more potential cases, they also mean that your financial award could be deducted if you share part of the blame for your injuries. For example, if the jury finds you to be 15% liable, you will receive only 85% of your award. A Whittier slip and fall lawyer can help ensure that you have all the evidence available to minimize your share of liability for the accident.
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Slip and Fall Statute of Limitations
Like other personal injury cases in California, your Whittier slip and fall case is subject to the statute of limitations. According to California Code of Civil Procedure (CCP) §335.1, you have a two-year deadline for filing a claim. The countdown generally starts on the date of your accident.
Complying with this deadline is crucial, as the court will not accommodate you if you go past your allotted time limit. A Whittier slip and fall lawyer can check for tolling exceptions, which are factors that could extend this time limit. For example, if the property owner went out of state, the statute timer cannot resume until they return. But in most cases, missing the deadline will result in automatic dismissal of your claim.
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Let Pintas & Mullins Law Firm Help with Your Case
Slip and fall accidents may sound harmless, but they can be life-changing—especially if you are left with expensive medical bills and unable to earn a living. If you were injured through no fault of your own, a Whittier slip and fall lawyer can help fight for the compensation you deserve and negotiate with the liable parties for a fair settlement.
We are ready to help with your case. To find out more, contact Pintas & Mullins Law Firm today at (800) 223-5115 for a free case evaluation.