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A “slip and fall” may sound like a relatively minor issue, but the reality is that these incidents can cause devastating injuries and substantial economic losses for the victim. Many slip and fall accidents occur unexpectedly on private property, making the property owners liable for victims’ damages. If you or a loved one recently sustained injuries from a slip and fall accident on another person’s property, call our firm. You likely have many questions about the property owner’s liability for your damages and the legal options available to you.
The attorneys at Rush Injury Law offer years of experience handling a wide range of civil claims, including those pertaining to slip and fall accidents. Our firm has extensive resources we can leverage to your benefit in a slip and fall accident claim. We understand the stress and uncertainty that can follow any personal injury, and our goal is to help you approach your case with understanding and confidence.
You might think that fault for your recent slip and fall injury is abundantly clear and that you will have little trouble handling your injury claim on your own. The reality is that any personal injury claim can potentially generate significant legal challenges. The average person with no formal legal training is likely to make significant errors as they work toward obtaining recovery for their damages.
If you attempt to handle a slip and fall accident claim on your own, you will need to meet various procedural requirements while also managing the effects of your injury. Slip and fall accidents can cause traumatic injuries that demand extensive medical treatment. Attempting to manage your recovery while simultaneously meeting all the procedural demands of your case will prove to be an extremely challenging undertaking.
Working with an experienced Santa Rosa personal injury lawyer allows you to rest and recover with peace of mind knowing your case is in capable, trustworthy hands. Your legal team can handle your case proceedings on your behalf and provide you with important updates as your case progresses. Ultimately, you are more likely to succeed with your claim and maximize your compensation when you hire a Santa Rosa slip and fall accident attorney to represent you.
A slip and fall accident claim is a type of personal injury claim that is dictated by California’s premises liability laws. These laws outline the rights and responsibilities of property owners, particularly regarding their legal obligations to lawful visitors to their properties. It’s important to note that while a property owner owes a duty of care to lawful visitors, including guests they invite to their property and licensees like mail carriers and utility workers who have implied permission to enter the property for their own purposes, a property owner has no duty of care to prevent injuries to trespassers and intruders. For example, if someone trespasses on your property or breaks into your home and sustains a slip and fall injury, they have no legal grounds to file a personal injury claim against you.
If you believe a property owner was negligent in the care of their property and caused your injuries, you must prove the property owner failed to address a known safety hazard that directly resulted in your claimed damages. This typically requires proving that the property owner should have recognized the element of their property that caused your slip and fall was a foreseeable safety risk. You must also prove they should have taken appropriate action to prevent injuries to lawful guests and visitors but failed to do so.
The issue of “foreseeability” is central to premises liability claims. The plaintiff needs to prove that the hazard in question was a foreseeable risk to a reasonable person, and that the property owner knew about the hazard before the injury occurred. A property owner has a duty of care to address such hazards immediately upon their discovery or at least warn lawful visitors about such hazards.
A premises liability claim is a form of personal injury case. As a result, it will be necessary for the plaintiff to prove the defendant was negligent in the care of their property to succeed with their slip and fall injury claim. After establishing foreseeability, the plaintiff must prove the property owner failed to address this hazard, or that the actions taken to address it were insufficient or ineffective at resolving the safety issue it presented. Finally, the plaintiff must provide a complete and accurate list of all the damages they incurred due to this failure.
It’s important to note that if your slip and fall accident occurred on any type of government property, you face a much more challenging road to recovery. Most government entities are protected from civil liability and litigation by sovereign immunity, so you cannot file a personal injury claim against the government like you would against a private entity. However, you may still have grounds for a claim for damages if you can prove your slip and fall resulted from the negligence of a government employee. If your slip and fall occurred on any government property, it is crucial to consult a Santa Rosa slip and fall attorney as soon as possible.
Slip and fall accidents can easily cause devastating injuries, including:
It’s common for slip and fall accidents to cause multiple injuries, and the victim may spend a long time in the hospital during initial recovery before returning home to recover further. Your Santa Rosa slip and fall lawyer can help you calculate the full scope of the damages resulting from your accident and help you hold the defendant accountable for their negligence.
An experienced attorney can often help their client uncover channels of compensation the client would have been likely to overlook on their own. A slip and fall accident can cause both extensive short and long-term losses to the victim. California state law allows a personal injury plaintiff to claim compensation for any and all damages caused by the negligence of a property owner, which may include:
Beyond the above economic losses, a plaintiff is likely to also experience significant pain and suffering from their slip and fall accident. Your Santa Rosa slip and fall lawyer can assist you in determining a fair amount of pain and suffering compensation to include with your claim. The amount you receive depends on the severity of your injuries, the level of medical treatment you require, your anticipated recovery time, and whether you are likely to experience chronic pain or other long-term medical complications from your injuries.
An attorney can use various methods to calculate pain and suffering compensation for their client. If the client is expected to make a full recovery after appropriate treatment, their attorney may seek “per diem” pain and suffering compensation. This would award a specified amount of pain and suffering compensation for each day until the client reaches maximum medical improvement as defined by their physician.
For more serious injuries that cause permanent disabilities, attorneys are more likely to seek larger, lump sums of pain and suffering compensation on behalf of their client. Attorneys may multiply the client’s claimed medical expenses by a factor of two to five—potentially more if the victim will experience long-term or permanent effects from their slip and fall accident. For example, if the client claims $200,000 in medical expenses for treating an injury that demands extensive medical treatment and poses a substantial risk of permanent disability, the plaintiff could expect $400,000 or even more than $1 million in pain and suffering compensation to reflect the severity of their experience.
Plaintiffs who suffer permanent disabilities, experience significant psychological trauma, or experience significantly diminished quality of life from their slip and fall accidents tend to receive substantial pain and suffering compensation. California law does not cap or limit pain and suffering compensation for any type of personal injury claim, with the exception of medical malpractice claims.
Navigating a personal injury claim is much easier when you have reliable and experienced legal representation on your side. The right attorney can make a tremendously positive impact on the outcome of your case, helping you secure far more compensation than you could have reasonably expected to obtain on your own. You can rely on your Santa Rosa slip and fall lawyer to provide several crucial legal services throughout your case.
You can depend on your legal team to help prove the defendant’s negligence and accountability for your damages. Some slip and fall accident claims may involve extraordinarily complex technical issues or unclear liability. Your attorney can help you gather necessary evidence or even consult with expert witnesses who can assist you in clarifying the more nebulous aspects of your case.
An experienced Santa Rosa slip and fall attorney is also your best resource when it comes to determining the scope of your claimable damages. The average person should be able to calculate obvious immediate damages like hospital bills on their own, but they may overlook other claimable damages like lost future earning potential. Additionally, clients may not know how to make a compelling case for claiming pain and suffering compensation.
When you choose Rush Injury Law to represent you in a slip and fall accident claim, you will have access to the full scope of our professional resources and extensive experience in California personal injury law. Our team will carefully evaluate every aspect of your claim and help you determine your best available legal options. Our goal is to help you recover as much compensation for your damages as California state law allows.
If you are ready to discuss your recent slip and fall accident with an experienced Santa Rosa slip and fall lawyer, Rush Injury Law is ready to provide the answers you need. Contact us today to schedule your case review with our team and learn more about how we can assist in your recovery.
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