A trip- or slip-and-fall accident can cause a wide variety of significant injuries. Although some of these accidents may only result in minor wounds, sometimes a slip-and-fall can cause severe injuries or even a fatality. By law, the owner or manager of the property should be accountable.
The legal doctrine of "premises liability" covers accident claims involving slip-and-falls. These lawsuits demand property managers and owners be responsible for accidents that happen on their property. A San Bernardino slip-and-fall accident lawyer can help you arrange and propose your claim.
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Under certain conditions, California’s premises liability law dictates that property owners are accountable for slip, trip, and fall occurrences. They may be liable for a visitor’s injuries if they resulted from a slip-and-fall, provided they knew about or should have known about the hazard. What a “reasonable” person might have done during this identical circumstance may also determine what a property owner “clearly must have done” to prevent a fall.
Laws governing premises liability specify the three basic types of visitors who may enter a property, as well as the particular care standards that each class is eligible for.
If you slip-and-fall on another individual’s premises, a lawyer will be able to establish whether the owner was at fault. Your lawyer must determine the capacity in which you visited the property and whether the owner knew or ought to have known about the threat beforehand.
California acknowledges the idea of contributory negligence. The occupants, managers, or owners of the property are not liable for any harm you may have incurred due to your own carelessness.
Should the slip-and-fall incident be partially due to your fault, you may still receive compensation; however, the amount may diminish in line with your percentage of fault. Property owners and associated insurance providers may argue that you are partially or entirely at fault. As you pursue your slip-and-fall accident personal injury claim, they may ask you a number of questions, such as:
The jury shall decide how much fault each party has if the case goes to court. Then, it can reduce your damages based on the weight of your fault. For example, if your case was worth $100,000 and you are found to be 25% at fault, your compensation will be lowered to $75,000.
In California, the statute of limitations for bringing a slip-and-fall claim is typically two years from the day of the incident. However, when the case involves a government agency, you only have six months. The sooner you submit, the stronger your argument is going to be.
Furthermore, should you miss the deadline for filing a case, you lose your eligibility to do so permanently. Therefore, victims of slip-and-fall incidents in San Bernardino should file a claim for damages during this time.
This offers monetary compensation to anyone who has suffered physical, psychological, or emotional trauma. The recompense should be enough to cover the following:
Some of these damages are very difficult to calculate, such as pain and suffering, so a quality, experienced attorney will be able to give you a better estimate.
The total remuneration for any slip-and-fall accident is determined by the injuries sustained. This includes the severity of the injuries and the impact they have on the victim’s life. There is no set compensation for slip-and-fall damage.
This leaves you with the chore of seeking the maximum amount of compensation possible. You need to prove how the premises owner’s or caretaker’s negligence led to hazards that left you injured. Doing so on your own can be difficult, especially when you need to focus on recovery.
An experienced slip-and-fall lawyer will handle all the aspects of the case and leave you to focus on recovery. This includes gathering the necessary evidence and adding up your expenses to show the amount that you should be paid. They will then show that the property owner owed you a duty of care, violated that duty, and contributed to your accident. They will negotiate for a payout that is sufficient enough to cover your damages, and even represent you in court if the case reaches that point.
At Kash Legal, we are committed to providing excellent client service and fighting for justice on behalf of those injured due to another party’s negligence. We will look into your case, collect the required proof, promptly submit a claim, and vigorously defend your right to just compensation. We have the tools and expertise to compete with the biggest insurers in the state and will fight for you the whole way through.
Call (888) 527-4128 or fill out our contact form to schedule a free, no-obligation consultation with us right away.
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