Slip and fall injuries can result in debilitating changes to your life. If you have suffered such an injury and believe negligence may be the cause, contact a Southern California slip and fall lawyer.
You have rights under California law that can help you get the financial compensation to put your life back in order after suffering an injury. Count on the attorneys at Kalfayan Merjanian to represent and stand beside you every step of the way.
California Slip and Fall Liability
In California, a slip and fall injury may be categorized as a premises liability accident. In order to successfully pursue a slip and fall claim, you must legally demonstrate that your injury is the result of someone else’s negligence. Generally, this negligence is demonstrated by proving a property owner knew of a hazardous condition and failed to repair it or give sufficient warning about it. There are many causes for a slip and fall injury. Some of the most common include:
- Changes in floor height or uneven floors
- Loose carpeting or missing tile
- Liquids spilled on the floor
- Exposed cords or cables
- Broken or missing railings
- Broken or unstable furniture
In addition, if responsible parties have failed to adequately block off construction sites or put up warning signs about any known hazards, these actions can constitute slip and fall liability. California slip and fall attorneys can assess your situation to help determine if you have a potential case.
Part of pursuing your case is determining who is liable for your accident. This can be more complicated than it first appears. For example, if you have an injury resulting from a fall at a concert held at a hotel club, there could be several possible liable parties. The concert promoter, the club owner, the hotel owner, the parent company, and possibly the club’s manager or employees could all share in the liability. As the nuances of liability can differ according to jurisdiction, it’s important to find local representation, such as an Orange County slip and fall lawyer, that has knowledge and experience in these areas.
California Slip and Fall Damages
Generally, your attorney will need to establish four basic legal elements to establish a basis for your damages damages:
- The defendant controlled the property as an owner, leaser, or occupier;
- The defendant demonstrated negligence in the way they maintained or used the property;
- Your slip or fall on the property caused your injury;
- The defendant’s negligence was a major component in causing your injury.
If your attorney can successfully prove these four things, you may receive financial compensation for your slip and fall injury. An experienced Riverside slip and fall attorney can review your case with you and help determine if these elements of liability can be established.
The question remains, what damages can you recover? Under California law, you are eligible for compensatory damages from the defendant. These damages fall into two categories; economic and non-economic. Economic damages include expenses or losses that are a direct result of your slip and fall accident, such as:
- Medical Expenses: If you need physical therapy, x-rays, doctors appointments, or even surgery as a direct result of your accident, these expenses may be covered by your lawsuit settlement. You may also be entitled to receive money for future medical bills that are anticipated down the road.
- Caregivers: In some cases, your injuries may be so severe that you require in-home care following your accident. An experienced slip and fall attorney can help determine if these types of expenses can potentially be covered by your case.
- Lost wages: It is not uncommon for a slip and fall injury to result in time off work for recovery or rehabilitation. Your San Bernardino slip and fall lawyer can sue for the wages you lose from time off work, whether it be for past lost wages or anticipated future wage loss.
- Transportation: If your accident rendered you unable to drive, hired rides to and from doctors appointments may be considered another type of economic damage. You may be eligible to receive compensation for taxis, Uber or Lyft rides, and public transportation expenses.
Non-economic damages are less tangible but still very real expenses. These damages cover things like pain and suffering, disfigurement, and emotional distress. It takes an experienced lawyer to navigate the intricacies of non-economic damages. The lawyers at KM understand the nuances well and will pursue your case appropriately.
In rare cases, a slip and fall lawsuit may be awarded punitive damages. Punitive damages are awarded when there is particularly egregious behavior on part of the defendant that caused your accident, typically in instances involving intentional harm or extreme recklessness. These damages are intended to punish the defendant for that behavior and are awarded on top of any compensatory damages. Punitive damages have been awarded when a defendant:
- willfully and intentionally destroyed evidence of their liability;
- acted with malice, oppression or fraud.
If either of these two elements appear to be present, consult with your attorney about the possibility of punitive damages.
Slip and Fall California Statute of Limitations
In California, your slip and fall claim is controlled by a statute of limitations, the time in which you must settle your claim or file a lawsuit. Because the statute of limitations acts as a bar to recovery, it’s always a good idea to contact a lawyer immediately if you are interested in pursuing a claim. This is especially imperative in potential cases that require evidence collection. Photos of the accident site, video footage, and statements from witnesses will all help your attorney successfully pursue and win your case. Don’t delay. Get the counsel you need.
No Fees Unless You Win
It’s common to be concerned about legal fees when considering an attorney for your personal injury. Our highly-rated lawyers at CA Trial Attorneys powered by Kalfayan Merjanian never charge a fee unless we reach a settlement on your behalf.
That’s right. Once you become a client, you do not owe us a dime unless we win your case.
Rest assured that you will never pay us a penny out of your own pocket until your case is successfully settled. This ensures that you can focus on recovering from your injuries without worrying about the cost of pursuing legal action.