In a slip and fall legal case, the victim of the accident files a civil lawsuit against the owner of the property where the injury happened. This can be a company, government entity, or individual, private person. Before that, you reach out to that property owner to try to come to a resolution without legal action. If successful, you can avoid a lawsuit and receive some compensation right away without legal intervention. Otherwise, you can take your case to trial for a resolution.
The specifics of your situation will determine what happens in a slip and fall case in Los Angeles. You may go to trial or sign a settlement agreement. Whatever the result is, you may have a better time trying to resolve your case with the assistance of a lawyer. Filing a lawsuit can help you resolve specific financial issues related to your recovery if you win. You will have to navigate the legal process effectively to do so, avoiding many of the potential problems that taking the wrong action can create.
Understanding Slip and Fall Cases
Slip and fall accidents are a growing source of concern for people of all ages, but especially among seniors, according to the Centers for Disease Control and Prevention (CDC). They can happen for a variety of reasons, including spills, carpets, and uneven walkways. Whatever the reason, it is grounds for a personal injury case if you are injured on someone else’s property.
Property owners have a responsibility to keep their facilities safe for people to be in. This includes making sure that slip and fall hazards are dealt with in a timely manner. Failing to do so is negligent and makes them liable for the costs related to victims’ recovery.
If you are the victim of a slip and fall accident, you can file a civil lawsuit. The goal of this lawsuit is to claim compensation that you can use to pay off the expenses related to your recovery. Many accident victims end up with extensive expenses that can hurt their finances for years. Instead of suffering through these problems, you can take legal action to make sure that you do not continue to experience financial issues long after the accident.
Statute of Limitations
Filing a lawsuit for your slip and fall injury case is an important step in helping your finances recover. However, you need to start the process as soon as possible. Many slip and fall injury victims wait too long to start the process and risk having their case dropped by the court.
Anytime you file a lawsuit, there is a statute of limitations that restricts how long you have to file with the court. According to the California Code of Civil Procedure (CCP) §335.1, you have two years to file your personal injury lawsuit. If you failed to file before the deadline, the opposing party could move to have your case dismissed. Do not lose your opportunity to collect compensation and fix your finances by waiting too long to file your lawsuit.
Since the majority of places where you can be injured in a slip and fall accident are covered by insurance plans, there is a strong chance that an insurance company will be involved in your case. The insurance company for the negligent party will likely offer you a settlement agreement as an easy way of solving liability issues.
A settlement agreement is a contract that trades compensation for a quick end to their liability claims. If you accept the agreement, you will collect a specific amount of compensation that will no longer be able to file liability claims for the incident.
Slip and fall accidents usually result in injuries, which can require medical care to treat. The resulting medical expenses are one of the leading reasons why victims decide to take legal action. The cost of recovery can grow quickly, and winning a lawsuit allows you to collect financial compensation to help with your expenses.
In more severe cases, the amount of compensation increases significantly. If you have a brain injury, disability, or severe injury, you will need specialist care. You may also need ongoing daily living assistance based on the severity of your injury. When building a lawsuit, it is important to include these ongoing costs so that you can claim enough compensation to cover all of your immediate and long-term expenses.
Hire a Lawyer to Help Your Case
If you are injured in a fall, then you want to know more about what happens in a slip and fall case in Los Angeles, it may be in your best interest to discuss your case with a legal representative that can help you through the legal process. Slip and fall accidents can be difficult to prepare and manage on your own. Call Pintas & Mullins Law Firm at (800) 223-5115 to discuss your case with our team.