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Many people may hear the term “slip and fall accident” and assume this is a minor issue, but the reality is that slip and fall injuries are one of the most commonly reported forms of personal injury throughout the United States. When these incidents occur, victims can suffer life-changing injuries and incur tremendous economic losses. If a slip and fall accident occurs on private property, the property owner may bear fault under the state’s premises liability laws.
In California, every private property owner has a legal duty to ensure their property is free of foreseeable hazards that may cause injuries to lawful guests. When slip and fall injuries occur, affected victims and their families have the right to file civil claims in pursuit of compensation for their damages. If you or someone you love is struggling with the effects of a recent slip and fall accident, it is crucial to know your options for legal recourse and the value of having reliable legal counsel on your side.
Rush Injury Law has a team of experienced personal injury attorneys who have successfully represented many past clients in a wide range of civil suits. We know how challenging it can be to navigate your legal proceedings after any unexpected injury on someone else’s property and the stress and uncertainty these situations often generate. If you believe you have grounds for legal action against a property owner in the Richmond, CA, area, we can help hold them responsible for the harm you suffered.
Do not make the mistake of assuming it is not worth pursuing legal action for your recent slip and fall accident. Additionally, do not assume that hiring legal counsel wouldn’t be worth it or that the cost of your legal fees would eclipse the amount of compensation you could win from the defendant. Any personal injury claim filed is more likely to succeed with the help of experienced legal representation on the plaintiff’s side.
If you tried to handle any type of civil claim in Richmond without legal representation, you would face not only several serious risks but also the challenge of handling your case proceedings and your medical recovery all at once on your own. Even if you managed to succeed, you could unintentionally settle for much less than you rightfully deserve under state law, or you could make mistakes that jeopardize the entirety of your case.
When you choose Rush Injury Law to represent you in a slip and fall accident claim, you can rest and focus on your medical needs while your legal team handles your case proceedings on your behalf. You will be more likely to maximize your recovery and more likely to do so in a short time. Our firm maintains a light caseload to ensure every client receives our full attention and timely responses to their questions and concerns as they arise throughout their case. Whatever your situation requires, you can rest assured that the team at Rush Injury Law is ready to guide you through your recovery efforts as efficiently as possible.
A property owner in the state has a legal duty of care to address any foreseeable safety hazard they find on their property. When a property owner notices anything on their property that could potentially injure a lawful visitor or guest, they are legally required to fix the problem, place an obvious warning sign near the hazard, or provide a clear verbal warning to lawful visitors who might encounter the hazard. If they do not, and a lawful guest or visitor is harmed by the hazard, the property owner is liable for their damages.
It is important for all property owners to distinguish between lawful and unlawful visitors. A property owner only owes a duty of care to invitees and licensees who have express or implied permission to enter their property. These may include family, friends, neighbors, or customers of a privately owned business. Unlawful visitors are trespassers and intruders who do not have permission to enter the private property. Under California’s premises liability laws, a property owner does not owe a duty of care to these unlawful visitors, so if a trespasser suffers a slip and fall on private property, they do not have grounds to file a claim against the property owner.
One potential exception to the rule for trespassers would be an attractive nuisance that could cause an injury to a wandering child. Children are not assumed to possess the same level of self-awareness as adults, nor are they expected to exercise the same level of caution. If a property owner has an attractive nuisance on their property that could potentially result in harm to an interloping child, such as a tree that looks perfect for climbing, a swimming pool, or something similar, they should take steps to minimize the risk of injury to any children who may see the attractive nuisance and investigate.
Success with any premises liability claim requires the plaintiff to prove they had permission to be present on the property and that their injury happened from a foreseeable safety issue the property owner should have addressed. Slip and fall accidents can happen in many ways, including:
It doesn’t matter how a slip and fall occurred; the victim should determine whether the hazard that caused their injury was something the property owner should have foreseen as a safety issue. If so, they have the right to file a civil suit against the property owner and claim compensation for their losses. The victim should seek medical care for their injuries immediately, and once they have received treatment, their next priority should be contacting an experienced Richmond slip and fall accident attorney.
Success with any personal injury suit requires accurate identification of the defendant or defendants responsible for the injury, evidence showing the property owner knew or reasonably should have known about the hazard that caused the injury, and proof of the resulting damages. Most premises liability claims filed in the Richmond area result from negligence, or failure to use appropriate care and caution in specific situations. Though rare, it is possible for a slip and fall to occur from intentional misconduct, in which case the defendant could face criminal prosecution along with civil liability for the victim’s damages.
Your Richmond slip and fall accident attorney can help build your claim against the defendant. This will require evidence showing the cause of your injury and the scope of your damages. To succeed with a personal injury case, the victim not only needs to prove the defendant directly caused their claimed damages but also show the true extent of those damages. Under state law, the plaintiff in a premises liability claim has the right to seek compensation for:
You can typically prove the extent of your economic damages with the appropriate documentation, but your attorney will need to assist you with proving pain and suffering. This may require input from medical experts who can explain the severity of the injuries you suffered and the scope of the medical complications you are likely to experience from the accident in question. If you suffered any catastrophic harm that will result in long-term or permanent medical problems, you likely have grounds to claim a substantial amount of pain and suffering compensation from the defendant.
One issue that may arise in a personal injury claim and complicate the plaintiff’s ability to recover compensation for their losses is comparative fault. California upholds a pure comparative fault rule, so if a plaintiff bears partial responsibility for causing their damages, they will lose a percentage of their case award to reflect this. For example, if a judge deems you to be 30% at fault for your slip and fall accident, you will lose 30% of your case award and only recover 70% of the total damages sought in your claim. If you have any cause for concern when it comes to potential comparative fault you hold in your premises liability suit, consult your attorney as to how you can minimize your fault percentage and preserve as much of your case award as possible.
A premises liability claim for a slip and fall accident is a form of personal injury claim, and the majority of personal injury cases filed are resolved through private settlement negotiations. The private settlement process allows the parties involved in a civil matter to discuss a mutually agreeable resolution that allows both parties to avoid the time and expenses of a protracted court battle.
During settlement, the plaintiff and defendant, along with their respective attorneys, meet privately and negotiate terms for resolving the civil suit. As long as both parties are willing to negotiate and compromise, it is possible to settle a civil matter relatively quickly, sometimes in as little as a few weeks. However, settlement is not possible in every civil case. If the defendant denies liability for the damages in question, disputes the scope of damages sought by the plaintiff, or does not agree to settle for any other reason, the case will need to be resolved in court.
Litigation can take weeks, months, or even years to complete. There are several preliminary requirements both sides of the case must address before they have any court appearances, and there can be very long gaps between courtroom sessions. Additionally, while the two parties can have some control over the outcome of a settlement negotiation, the judge has the final say in litigation. This means that both parties face the risk of a much worse outcome than they could have secured through private settlement negotiations.
When you have a reliable Richmond slip and fall accident attorney handling your case, you are more likely to reach a favorable outcome for your recovery efforts much faster than you would be able to manage on your own. Additionally, you will be prepared for litigation should you be unable to settle your claim for any reason. If you have Rush Injury Law representing you, our goal is to help reach the ideal settlement if possible, but we are fully prepared to represent you in litigation if necessary.
Rush Injury Law believes in client-focused legal counsel. This means we will take time to get to know you and your needs to ensure we provide the most effective legal counsel possible for your unique claim. We do not believe in one-size-fits-all legal strategies, nor do we ever settle a case to the detriment of our client’s recovery. We aim to help every client we represent maximize their compensation to the fullest extent possible under state law.
When you choose our firm to represent you in a slip and fall accident case, we will begin handling the case by carefully reviewing the full scope of your damages, identifying the evidence you will need to prove liability for those damages, and helping you build a compelling civil claim to streamline your recovery. Whether you are filing a claim against a private individual, a company, or any other organization, we will provide the ongoing support and reassurance you need to feel more confident about your situation.
Time is a crucial consideration for your civil suit, as California enforces a two-year statute of limitations for these claims. This means you must file your claim within two years of the date your injury occurred, or you lose the ability to claim compensation from the defendant. The sooner you file your claim, the more likely you are to maximize the compensation you will win if you succeed with your case.
If you are concerned about the potential cost of legal representation for your impending slip and fall accident claim, there is no reason to worry about this when you choose Rush Injury Law to represent you. We operate on a contingency basis for our personal injury clients in Richmond. This means our client is not required to pay upfront or ongoing legal fees, and they only pay a fee once we win their case. Additionally, this fee is a percentage of the total amount recovered on their behalf. You have no risk of your legal fees overshadowing your recovery, and you owe nothing at all if we are unable to secure compensation for you.
If you are ready to learn more about how Rush Injury Law can help you recover from a slip and fall accident in Richmond, we are ready to provide the guidance and support you need in this challenging situation. Contact us today and schedule a consultation with a Richmond slip and fall accident attorney you can trust with your recovery.
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