There are many different types of property in Palmdale, including commercial businesses such as stores, restaurants, and hotels, public buildings such as museums or city administration offices, as well as private residences. Each of these properties is controlled by an individual or entity who owns the property, rents it, or otherwise has legal control over it. One of the responsibilities that property controllers have is to keep the property free of hazards that can cause injuries to visitors. Failing to promptly repair or mitigate known property hazards can result in the controller of the property being liable for injuries caused to others. This is known as premises liability law.
One common type of accident that results from a property owner failing to regularly inspect and maintain their property is a slip and fall accident, which occurs when someone slips or trips over a property hazard and falls, getting injured in the process. If you've been injured in this type of accident, a Palmdale slip and fall lawyer can help you understand the process of seeking compensation for your injuries.
REQUEST A FREE CONSULTATIONAccording to the National Floor Safety Institute, around one million people seek medical treatment in emergency rooms across the country each year after becoming injured in a slip and fall accident. These accidents are often caused by property features such as damaged flooring materials, liquid or debris on the floor, cluttered walkways, poor lighting in stairwells, damaged sidewalks, and potholes in parking lots.
Premises liability accidents fall under the wide umbrella of personal injury law, and compensation for injuries sustained in these types of accidents is typically sought through California’s personal injury claims process. This process involves first seeking compensation by making a claim against the at-fault party’s liability insurance policy. Residential claims are generally filed against a homeowner’s or renter’s policy, while claims involving accidents that occurred at a commercial or public property are filed against the business or managing agency’s business insurance policy.
If the at-fault party’s insurance provider fails to compensate the claim that was filed against the liability policy of their insured either through an outright payment of the demand made in the claim or through a negotiated settlement agreement they enter into with the claimant, the claim can be filed as a personal injury lawsuit within two years of the date on which the injury occurred. It is important to note that failure to file the claim within California’s two-year personal injury statute of limitations will generally result in the loss of your right to use the court process as you seek compensation. One of the important services a slip and fall attorney can provide is managing the timeline of your claim so that you retain the right to seek compensation through a personal injury lawsuit.
In order to have a successful outcome to your personal injury claim, you must be able to show who was liable. In premises liability claims, the following elements of negligence must be shown.
Know that you must have the right to be on the property in order to file a personal injury claim. If you were trespassing at the time of the injury, you cannot file a claim for compensation.
Another important service that a slip and fall attorney can provide is the establishment of the value of your claim based on the expenses and impacts that you incurred as a result of the accident. Palmdale slip and fall claimants can seek compensation for expenses and impacts such as medical expenses, wage loss, the loss of future earning capacity resulting from permanent injuries, any damage to your personal property that was incurred during the accident, physical pain and suffering, emotional distress, and loss of the enjoyment of life.
Many of the impacts from an injury do not present themselves with a price tag or bill for service. In order to calculate these damages, your attorney will consider factors such as the amount of insurance held by the at-fault party, the severity of the injury you suffered, and the likelihood of permanent injuries that will impair your ability to earn an income or live independently.
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.
In addition to the legal process itself, many slip-and fall accident claimants who decide to seek compensation without the assistance of a slip and fall attorney struggle with the complexity of providing liability in their claim. This can be difficult, as you must show that the controller of the property knew or had reason to know that a hazard existed that could lead to a slip and fall accident. If the accident occurred as a result of damage to flooring material or sidewalks, it is easier to show that the controller of the property had reason to know of the hazard than it is to prove prior knowledge of a puddle of water that appeared on the floor within moments of the accident.
Regardless of the cause of your slip and fall, your attorney has the knowledge and experience to understand the type of evidence that is needed to prove your claim. While many claimants avoid hiring an attorney to assist them with the claim because they don’t believe they can afford one, it is important to understand that our contingent fee billing method allows anyone who needs our assistance to afford it, because they don’t have to pay for our services until their claim is resolved and compensation is received through a settlement or litigation.
Contrary to popular opinion, most slip and fall accident claims are not frivolous attempts to obtain compensation, but serious accidents that result in serious injuries and the need for compensation. The team at Kash Legal believes that their success as slip and fall lawyers depends on the success you experience in the personal injury claims process. We consider ourselves collaborators with you in determining the compensation you need and the determined pursuit of that compensation through settlement negotiations or litigation. We are not intimidated by insurance companies and are confident in our trial skills and ready to use those skills if necessary for your claim.
An experienced Palmdale slip and fall lawyer from Kash Legal is ready to evaluate your case for free, provide answers to the legal questions you have about your case, and to talk with you about the services we can offer to assist you with your claim. For your free case evaluation, contact us online or by calling (888) 527-4128.
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