Fontana Slip and Fall Accident Lawyer

Proving Negligence in a Fontana Slip and Fall Accident

It is not enough to just say you were injured in a slip and fall accident. You need to prove negligence on the part of the defendant. You can do this by demonstrating the following:

• That the property was owned, occupied, leased, or controlled by the defendant
• The defendant failed to maintain the property, creating unsafe conditions that caused the injury. Or that the defendant was aware of the hazardous conditions on the premises and did nothing to alert visitors or tenants to this fact.
• That the plaintiff was injured in the accident
• That the defendant’s negligence actions were a substantial factor in injuring the plaintiff

The California statute of limitations allows two years, from the date of the accident, for slip and fall victims to seek compensation for their injuries. However, exceptions apply to victims below 18 years and cases against government entities.

Compensation for Slip and Fall Accidents

Like all personal injury claims in California, a Fontana slip and fall victim is allowed to seek compensation for damages. California offers three types of damages; economic, non-economic, and punitive damages. Economic damages are compensated for money the victim has lost due to the accident, which can be in the form of medical expenses, lost wages, property damage, long-term care (in case of permanent injury), and reduced earning capacity. Economic damages are proved using receipts, bills, and invoices. Therefore, you should keep a record of all your expenses arising from the accident.

Non-economic damages are intangible and cannot be proved using financial losses. They include pain and suffering, loss of consortium and companionship, emotional distress, and disfigurement. Punitive damages, however, are not meant to compensate the victim. On the contrary, they are issued to punish the at-fault party when their actions were grossly negligent. They also serve as a deterrent to others from such negligent conduct.

You can file an insurance claim from the at-fault party’s insurance provider. However, insurance companies may use that as an opportunity to destroy your claim using your own words. You may receive a call from them pretending to check in on you when they are fishing for information they can use against you. If you are offered a settlement offer, we strongly advise that you speak to a slip and fall attorney first. Your Fontana slip and fall lawyer will assess your damages and negotiate what you deserve.