Escondido is the perfect city for walking. Business districts offer walkable access to restaurants, art galleries, and unique local retailers. Pedestrians stroll in green spaces and public venues, and walking is integral to many workplace operations. Like any physical activity, walking has its risks. Every day, poorly-maintained properties and unexpected construction debris cause slip-and-fall accidents and injuries.
Some slip-and-fall victims walk away with simple scrapes and bruises. Others struggle with head injuries, spinal cord damage, and unimaginable catastrophic trauma. These seriously injured people deal with high medical bills, lost income, and long-term or permanent impairments. Our Kash Legal Escondido slip-and-fall lawyers are legal advocates for negligently injured people. If you're recovering from a slip-and-fall injury, let us see if we can help you.
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Experiencing injuries in some of these accidents may even feel like your own fault, such as falling when the lighting is too dim. However, it is important that you do not admit fault and contact an Escondido slip and fall injury lawyer when you can to determine whether or not you have a personal injury claim.
When a person slips and falls, a number of factors determine the type of injuries they sustain and the severity. A fall on a wooden floor, down a staircase, on concrete, or onto another hard surface, increases the potential for catastrophic or life-threatening injuries. Young children and older adults easily sustain serious injuries due to their frailty.
Here are some of the more common slip-and-fall injuries:
People of all ages sustain injuries when they slip-and-fall on private, commercial, and public properties. Falls are one of the leading causes of accidental death for young children. Adults aged 65 and over remain at high risk for hip fractures, head trauma, and other serious slip-and-fall injuries. Based on Centers For Disease Control and Prevention research, each year, older adults report 36 million falls and 32,000 fall-related deaths. In California, up to 29.8 percent of older adults fall each year.
Fall risks are also frequent workplace hazards. The Occupational Safety and Health Administration’s Fall Hazards resource explains, “Any walking or working surface can be a potential fall hazard.” The most recent annual Bureau of Labor Statistics report shows that 99 workers died from injuries sustained in slip-and-fall accidents in California.
Even if you believe your injuries are minor, it’s important to seek medical attention after a fall. Some severe injuries do not present clearly until much later, so it’s important to get help early.
Most of the claims we handle include economic damages and non-economic damages. When we take a case to trial, we sometimes recover exemplary damages.
We calculate economic damages based on your out-of-pocket costs for treatment and recovery. If your disability is ongoing, we obtain future economic damage estimates from an expert. Economic damages usually include:
Essentially, these are all quantifiable damages that can be obtained from receipts and communication with medical professionals.
When negotiating, we also consider your non-economic damages. These often include:
These damages are much more complicated to calculate. An Escondido slip and fall injury lawyer can estimate these damages based on their worth in previous, similar cases.
In California, courts have the legal authority to award exemplary damages, also known as punitive damages. A plaintiff must present clear and convincing evidence that the person who injured them acted out of malice, oppression, or fraud. Note that punitive damages are not common.
When you fall on someone else’s property, they don’t automatically owe you compensation for your injuries. As with auto accidents and other claims, you must prove the owner caused or contributed to your injury. This usually means proving:
Under California Civil Code, Obligations Imposed by Law, §1714, a property owner owes “…ordinary care or skill in the management of his or her property…” An owner must also warn of any hazards on their property. These duties apply to any person or entity who owns, leases occupy, or controls a property. Responsible parties include a property manager, parent company, stores, or other entities that control the property.
You must produce evidence that supports your case against a property owner. This usually includes photos that show the negligent condition, witnesses, diagrams, a history of negligent maintenance, and other relevant information.
When you sustain injuries in a slip-and-fall accident, you may be entitled to compensation for your injuries. At Kash Legal, our slip-and-fall lawyers work with you to protect your rights while you take time to recover. We conduct an independent investigation to assess liability. Our team handles communications with property owners, insurers, investigators, and their legal representatives, so you don’t have to. We provide our firm’s legal services on a contingency basis, so we don’t charge you for legal fees until we resolve your claim.
Contact us for a free consultation to learn more about your right to recover compensation. We can discuss your accident and explain your legal options. To schedule your appointment, call us at (888) 527-4128, click our chat box, or leave a message on our contact page.
We will be in touch within 24 hours.
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