While slip-and-fall accidents are often regarded as minor incidents, the injuries from this type of accident can be extremely serious for the person injured, as a fall can cause a variety of injuries. Slip-and-fall accidents are the most common type of premises liability claim. Premises liability refers to the responsibility of one who owns, manages, or has control of a property to perform regular inspections of that property in search of hazards that could cause injuries to guests, as well as the responsibility to promptly mitigate any hazards that are found and to warn guests of hazards that have not yet been repaired.
If you have been injured due to a property owner's failure to remove or repair a property hazard that caused your slip-and-fall, a premises liability claim can be filed against the associated liability insurance policy held by that individual or entity. An experienced Bakersfield slip-and-fall lawyer from Kash Legal can help you understand this process and explore your options.
REQUEST A FREE CONSULTATIONA premises liability claim is a type of personal injury claim. After you have received medical treatment for your injury, one of the most important things to do is to speak with an experienced personal injury lawyer about your accident. If the incident occurred on public or commercial property, some of the evidence that can be used to prove your claim includes surveillance video from a building or parking lot where your injury happened. Such evidence is often only available for a short period of time after an accident unless it is preserved. Your attorney will act quickly in order to ensure that the footage is preserved.
The process of seeking compensation after being injured by a Bakersfield slip-and-fall involves first demanding the value of your claim from the associated insurance policy of the entity or individual who owns, manages, or controls the property. In a residential slip-and-fall claim, this would likely be a homeowner’s or renter’s policy. A standard business liability policy would probably be the proper type of insurance policy to file a claim against if the accident occurred on commercial or public property.
When the demand is made to the insurance provider of this policy, they will assign a claims adjuster to evaluate the claim and determine how much compensation (if any) is owed to the claimant. The adjuster can choose to pay the demand, deny the claim, or offer to settle the claim out of court for less than the demanded value. Initial settlement offers for this type of claim are usually far below the claim’s value. Your attorney will negotiate with the adjuster in order to get them to increase their offer. While uncommon, if an agreement is not met between the adjuster and your attorney, the claim can proceed to court.
Premises liability claimants in Bakersfield generally have three years to file the claim as a lawsuit in court. By filing the lawsuit, the claimant is stating that the insurance provider failed to pay the claim and requesting that a judge or jury make decisions pertaining to liability and compensation instead. At any time before the court renders a decision on the matter, a settlement agreement can be reached and the court action can be dismissed. If the insurance provider fails to make an offer that fairly compensates the claim, the trial will proceed.
In addition to preserving important evidence in your claim, there are several other services that an experienced Bakersfield slip-and-fall lawyer can provide to assist you with the claims process. These services include:
Many people are afraid to ask an attorney to assist them with their claim because they don’t think they can afford one. A free case evaluation and a contingent fee billing method ensure that anyone who needs our services has access, regardless of their financial status.
Knee injuries are among the most common types of injuries suffered in slip-and-fall accidents. A slip-and-fall can result in blunt trauma to the patella or unnatural knee twisting. Some of the most common knee injuries include:
The tendons and muscles in the knee may sprain or strain when extended too far, meaning they wear stretched past their limits but did not tear. A sprained or strained tendon or muscle may lead to swelling and stiffness that prevents you from walking.
If the patella bone, it could lead to extensive surgery and physical therapy. When a displaced fracture occurs, the muscles attached to the patella are pulled apart, and the bone may burst into tiny fragments.
MRIs show if there are any torn ligaments or cartilage in your knees. A typical tear occurs between the shinbone and the thigh bone (the meniscus). Each knee has two menisci; if they are torn, the knee may not be fully supported anymore, which will require surgery. This tear may also lead to arthritis.
Claims adjusters evaluating slip-and-fall claims will often attempt to shift the liability for the accident from a property owner or possessor to the claimant by using defenses such as the open and obvious doctrine or even suggesting that the slip-and-fall was the result of the claimant wearing the wrong kind of shoes. A Bakersfield slip-and-fall lawyer from Kash Legal can often counter these suggestions through evidence and witness testimony. It’s just one of the ways our legal team fights for the rights of our clients to obtain the compensation they need after being injured in an accident.
A Bakersfield slip-and-fall lawyer from Kash Legal is ready to speak with you about your claim, answer the questions you have about the process, and tell you more about the role we can play in helping you to receive compensation for damages sustained in slip-and-fall accidents. For your free consultation, call us at (888) 527-4128 or fill out our contact form.
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