One of the most common causes of serious injuries in Temecula is falls. Slip-and-fall accidents occur when someone slips or trips and falls as a result of a hazard such as a wet floor, worn or torn flooring material, or even a pothole in a parking lot. Whether the slip-and-fall occurred at a private residence, a commercial building or parking lot, or even on public property, the injured party can seek compensation through a premises liability claim, which is a type of personal injury claim.
If you slipped or tripped and fell as a result of a property owner or manager's failure to ensure that the property was free from hazards that could cause injury to guests, let an experienced Temecula slip-and-fall lawyer from Kash Legal help. We will explain the personal injury claim process to you and provide information about the services we can offer to assist you with your claim.
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Those who are in control of a property—such as an owner or manager—are responsible for regularly inspecting the property in search of hazards that can cause injuries to guests. If such hazards are discovered, the owner/manager is legally required to take steps to promptly mitigate the hazard, such as repairing damaged tiling or cleaning liquid debris from the floor of a grocery store in order to prevent a customer from slipping and falling.
The elements that must be shown through a Temecula slip-and-fall claim in order to prove premises liability include:
A slip-and-fall attorney can help prove these elements and potentially retrieve your just compensation.
An experienced personal injury lawyer can provide a number of services to assist slip-and-fall claimants with the process. Here is a look at each of these services.
Your attorney will investigate the details of the accident in order to determine who was at-fault and the associated liability insurance policy that the at-fault party has that can be accessed to provide compensation for the expenses and impacts of the injury.
Once your maximum medical improvement has been determined, your attorney will value your claim. The claim’s value is not merely an accounting of the expenses you incurred as a result of the injury, but also a reflection of the psychological impacts you incurred as a result of your injury, such as pain and suffering or emotional distress.
Your attorney will make a demand of the at-fault party’s insurance provider for payment of the full value of the claim.
The insurance company can choose to either pay the full value of the demand that your attorney made, deny the claim and provide you and your attorney with a reason for the denial, or offer to settle the claim out of court for less than its established value. Your attorney can negotiate with the insurer in order to get them to increase their offer.
If the insurer does not fairly compensate your claim, you can file it in civil court as a personal injury lawsuit so that a judge or jury can make decisions on liability and compensation.
Settlement negotiations can continue after the lawsuit has been filed, and settlement agreements can be entered into at any time before the court renders a decision on the matter. If no settlement is reached, however, your attorney will present your case in court.
After your claim has been resolved by a settlement or a court award, your attorney will receive the proceeds from the at-fault party’s insurer. The funds will be placed in a trust account, from which payment for your attorney’s services will be made, and any medical liens placed on the award will be satisfied. Then the remainder of the funds will be released to you.
It is important to note that because our personal injury lawyers work on a contingent fee basis, you will not have to pay for your attorney’s services until the conclusion of your claim. This provides anyone who needs the assistance of a personal injury lawyer while seeking compensation for an injury has access to that assistance regardless of their financial status.
Through a slip-and-fall claim, you can seek compensation for both the expenses and the psychological impacts of your injury, including all medical expenses associated with treatment of the injury, wage loss, lost earning capacity, pain and suffering, and emotional distress.
In some circles of society, slip-and-fall accidents are treated like “less than legitimate” injuries or a ploy for easy money. This couldn’t be farther from the truth, however. These are serious accidents that can result in serious injuries such as head trauma, damage to the spinal vertebrae or discs, broken bones—including broken hips—and much more. Neither the process of recovering from physical injuries or the process of recovering compensation through a personal injury claim are easy.
Let a Temecula slip-and-fall lawyer from Kash Legal help you understand more about this process and how we can help make it easier for you to obtain the compensation you need. For your free case evaluation, call us at (888) 527-4128, or reach us through our contact form.
We will be in touch within 24 hours.
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