The evidence you need to file a slip and fall claim in Los Angeles will depend on exactly what happened, where you were, and what injuries you suffered. Identifying and collecting this evidence can be difficult, especially if you are also undergoing treatment and recovering from injuries. Having an attorney on your case will allow you to focus on your health while they build your case.
Our team believes it is important that accident victims do not suffer further harm because of an incident they did not cause. Instead, we think the defendant should be responsible for your treatment, lost wages, and other documented damages.
You Need to Prove You Have Legal Capacity
Legal capacity is the term used to describe someone who is at least 18 years old and does not have a disability that affects their mental capacity to a point where they no longer have the ability to comprehend what is happening with the case. This type of incapacity may occur as a result of their injury, age, illness, or lifelong medical concern.
Only in a case where the injured party does not have legal capacity can someone else take legal action on their behalf. For example, if a wife falls and suffers a leg injury, she will need to file suit. If the wife has dementia, however, and cannot make legal decisions on her own anymore, her spouse may be able to seek compensation on her behalf. This type of case can become complex if the proper paperwork acknowledging the incapacity is not in place beforehand. Talk to your attorney if you have questions about legal capacity in your case.
Determining and Proving Liability
After your attorney determines that you have the legal capacity and legal standing to file a civil suit or insurance claim, they will need to help you assign liability and support your allegations with evidence. In most slip and fall cases, this will be the property owner. If you are trying to navigate this process on your own, some resources for identifying the property owner may include:
- Los Angeles County Tax Assessor’s Office
- Los Angeles County Registrar
- The California Secretary of State
In some cases, it is not the property owner who must maintain the property. Instead, it is a lessee, such as a company that rents office space, a store leasing retail space, or another similar situation.
Showing What Happened and Proving Your Losses
The evidence you need to file a slip and fall claim in Los Angeles will also include information and items to support your allegations that the liable party could have prevented your injuries. This evidence varies from case to case, depending on what happened, when, and where. However, some common examples may include:
- Any official incident reports filed about the fall
- Eyewitness statements
- Pictures or video
- Medical bills
- Documentation of your time away from work
- Expert testimony
- Your medical records
- Any available proof of your economic and non-economic losses
Holding the Property Owner Responsible in a Los Angeles Slip and Fall Accident Case
California law allows injured parties to pursue a financial award following a slip and fall under California Civil Code (CIV) §1714. This statute established premises liability in the state, meaning the property owner owes visitors a certain duty of care under most circumstances. You may be able to recover a payout If your attorney can present the necessary evidence to prove:
- The in-question property owner or occupier owed you a duty of care.
- They knew or should have known about the hazard that caused your injury.
- That hazard caused your fall and injuries.
- You suffered injuries and financial losses.
Per California Code of Civil Procedure (CCP) §335.1, California law generally sets a two-year deadline on filing a personal injury lawsuit based on fall injuries. It is imperative that you meet this deadline.
Talk to a Member of Our Los Angeles Premises Liability Team
At Pintas & Mullins Law Firm, our Los Angeles team knows what it takes to prove a premises liability case. If we represent you, we will gather evidence and present a strong argument to prove negligence and hold the property owner responsible for your losses. We do not shy away from difficult cases. If we believe you qualify to recover a financial award, we will represent you based on contingency. You pay us nothing out of pocket.
Call (800) 223-5115 now to discuss your case with a member of our slip and fall team in Los Angeles. We will evaluate your case and determine your options for seeking a financial award.