After injuring yourself on someone else’s property, you should make sure you receive emergency medical treatment, if necessary, for your injuries. Then, report the incident as soon as possible, gather information, and begin the process of seeking compensation for your injuries.
Accidents happen, but California’s premises liability law, California Civil Code (CIV) §1714, requires all property owners to take all reasonable steps to prevent them from occurring. Whether your injury took place at someone’s residence or in a public place, you have a right as a welcomed guest to expect that you will not encounter hazards that can cause you harm. If the property owner’s negligence led in full or in part to your injury, you might qualify to receive awards for your financial losses, and taking a few steps can help you through the process.
Receive Medical Attention
According to the Centers for Disease Control and Prevention (CDC), anyone of any age can suffer injuries from a fall, but they usually have the worst consequences for adults aged 65 and older. In fact, millions of older people, or approximately 25%, fall each year, but only one in 10 reports the fall to their doctor.
If you fell on someone else’s property, make sure to receive medical attention right away, either through emergency care, if necessary, or by following up with your doctor to receive a full exam for potential injuries. Your health and safety come first, and if you find yourself stuck with medical bills as a result of these visits, you may have the option to seek compensation for them from the liable party.
Report the Incident as Soon as Possible
If your accident occurred in a place of business, contact the highest-ranking employee you can find as soon as you can. Tell them you would like to file an incident report and provide them with relevant information, such as:
- The time and date of the accident
- What type of accident you had, such as whether you tripped over something or slipped and fell
- The type of dangerous condition that caused your accident, such as a wet floor or uneven pavement
- Information about your injuries
Try to provide as many details as possible, and make sure you answer any additional questions they have about the accident.
Document Details from the Scene of the Incident
Many types of evidence can strengthen your case and help you achieve financial recovery. Take photos and videos of your injuries and the scene of the accident if you can. Speak with others who witnessed the event and take down their names, contact information, and what they saw.
In the days following the accident, write down as much as you can think of that may have relevance to the accident, such as the events leading up to your fall, how the fall occurred, the injuries it caused, other complications that resulted, and damages that you incurred.
Let a Lawyer Speak with the Property Owner
If you injured yourself on someone else’s property and plan to pursue financial awards from the liable party, you may wish to allow a lawyer to let them know of your plans so that you can attempt to resolve the situation outside of court.
The California Courts offer many types of Alternative Dispute Resolution (ADR), which gives the parties an opportunity to reach a settlement without taking the case to trial. Those who choose this method can often avoid the stress, time, and cost of lengthy litigation processes.
Begin Settlement Proceedings or File a Lawsuit
If the property owner agrees to try settling outside of court, you can file a claim with the Los Angeles County Clerk’s office to begin proceedings. If they do not express interest in ADR, you can still file a lawsuit against them to hold them accountable for your injuries.
The California statute of limitations, California Code of Civil Procedure (CCP) §335.1, offers most victims up to two years from the date of the accident that caused their injury to file suit against the liable party. However, the sooner you hire a lawyer, the sooner they can get started on your case.
Hire a Lawyer for Assistance
After injuring yourself on someone else’s property, you may qualify for financial awards to cover your damages, and a lawyer can help you seek the recovery you deserve. While types and award amounts vary based on the specific circumstances of your slip and fall case, they may include compensation for:
- Emergency medical care, follow-up treatment, rehabilitation, and other injury-related healthcare expenses
- Lost wages for the time you had to take off work to recover from your injury
- Loss of earning potential if you cannot return to work as a result of your injury
- Pain and suffering, such as mental anguish and physical disfigurement
At Pintas & Mullins Law Firm, our lawyers understand the long-term effects a slip and fall injury can have on victims and their families, and we can help you fight for your case so you can get back on your way to restoring your financial stability.
We work on a contingency-fee-basis, so you do not owe us any fees unless we achieve compensation for you. Contact us today at (800) 223-5115 to discuss your free case evaluation with our legal team.