While you can claim compensation for a California slip-and-fall accident caused by someone else’s negligence, several mistakes may hinder you from doing so. Understanding such pitfalls is crucial to avoid having your settlement reduced or, worse, your case dismissed.
How Do Slips and Falls Occur?
A slip-and-fall accident happens when you unknowingly slide on someone else’s property. Unfortunately, such incidents represent a significant cause of fatalities among older adults in the United States. Among individuals aged 65-84 years, falls are the second most common cause of injury-related deaths, while for those aged 85 years and older, they are the leading cause of such fatalities.
Slips and falls can also occur in the workplace. Fall accidents claimed 805 lives and caused 211,640 fatal injuries in 2020. With the significant number of injuries and fatalities from slip-and-fall incidents, it is crucial to understand what factors influence the occurrence of such accidents to avoid them:
- Wet or slippery surfaces: Spills, precipitation, or freshly cleaned floors can make surfaces slick, increasing the risk of slips and falls.
- Uneven flooring: Cracked sidewalks, loose tiles, and uneven flooring surfaces can all lead to trips and falls.
- Poor lighting: Insufficient lighting in stairwells, hallways, or outdoor walks can disguise obstacles and increase the risk of falling.
- Cluttered walkways: Objects or debris, such as cables, boxes, or equipment, might cause tripping hazards.
- Improper footwear: Wearing shoes with worn-out soles or improper footwear for the climate might lead to slips and falls.
- Inclement weather: Ice, snow, or rain can make outdoor surfaces slippery, increasing the danger of slips and accidents.
- Absence of handrails: Without proper hand or guardrails on elevated platforms, maintaining balance and avoiding falls can be challenging.
What Are the California Slip-and-Fall Laws?
A California slip-and-fall accident falls under premise liability law. Premises liability concerns personal injury cases resulting from accidents on someone else’s property. In such scenarios, the property owner may bear financial responsibility if their negligence contributed to another person’s injuries.
Establishing the property owner’s liability involves proving these fundamental aspects:
- The responsible party had a duty to maintain the property according to standards.
- They neglected this duty, demonstrating negligence.
- The breach of duty directly caused the accident.
- You incurred actual harm as a consequence of the incident.
So, in a slip-and-fall accident, property owners are responsible for protecting their premises and preventing harm to visitors and customers. They may be held accountable for accidents if they fail to:
- Maintain their property by promptly addressing hazards or defects.
- Notify the visitors about unsafe conditions on the premises.
- Ensure their staff maintains a hazard-free environment, particularly during adverse weather or other incidents.
Determining who is at fault in slip-and-fall accidents that occur on business property can be challenging, particularly when several people are involved. By carefully examining the case file and obtaining pertinent information, a California slip-and-fall lawyer with experience in slip-and-fall situations can help identify and prove the at-fault party.
Mistakes to Avoid When Filing a California Slip-and-Fall Claim
While you have the right to compensation for a slip-and-fall accident caused by someone else’s negligence, several mistakes can limit your chances of receiving a settlement. It is best to understand such pitfalls and determine how to navigate such situations.
Ignoring Medical Care
Most people think that a slip-and-fall incident can simply result in minor injuries. Hence, they ignore seeking medical care. Contrary to belief, falls can cause catastrophic bodily damage or even death.
Sometimes, victims experience late-appearing injuries, such as internal damage, that only manifest days or weeks after the slip-and-fall incident. This is why it is essential to seek medical attention immediately, even if you don’t feel anything after the accident.
When you seek immediate care, you not only look after your health but also enhance your chances of receiving compensation. In a slip-and-fall accident, you may only file a claim if you sustain injuries and other damages from the fall.
Not Gathering Evidence
Aside from obtaining medical help, you must also collect evidence to help prove your fall’s cause. You may gather several proofs at the scene if you can. This includes:
- Photos of the accident, including the condition of the property or environment where the fall happened
- Witness testimonies
- Surveillance or CCTV footage
- Incident Reports
Remember to notify the property owner or manager of the slip-and-fall incident immediately. If you don’t, there may be disagreements over when the incident happened, and it can be more challenging for you to make a claim.
Accepting an Initial Offer
Despite common assumptions, accepting an insurance company’s initial offer may not always be advantageous. Insurance adjusters often aim to minimize payouts, and their initial proposal may not adequately cover all damages.
For instance, suppose you suffer severe back injuries in a slip-and-fall accident. Upon learning of your injury, the insurance company promptly offers to cover your current medical expenses, including hospital bills, prescriptions, and treatment. Given the significant medical costs, you agree to the initial offer.
However, upon further diagnosis, you realize that additional treatments and rehabilitation are necessary for your recovery. Unfortunately, since you already accepted the initial offer, you forfeit the opportunity to seek compensation for these additional expenses.
It is essential to recognize that accepting an offer releases an at-fault party of liability. This is why assessing your overall damages and seeking legal counsel from a California slip-and-fall lawyer before reaching a settlement with the insurance company is essential.
Delaying Filing a California Slip-and-Fall Claim
Some people mistakenly believe they can initiate a personal injury claim at any time, but this assumption is incorrect because such claims are subject to statute limitations.
These statutes outline the deadlines for injured parties to bring a personal injury case against the at-fault party. If such restrictions are unmet, the right to pursue compensation may be forfeited.
In California, the California Code of Civil Procedure (CCP) §335.1 establishes a strict two-year window for pursuing a claim following an incident. Therefore, it is important to avoid a trial-and-error approach when managing your claim. Trial and error can be time-consuming and may not meet the necessary standards to strengthen your case.
For example, since you had severe back injuries from a slip-and-fall accident, you focused on your recovery before filing a claim. With the significant injuries, it took you a year to heal.
Unfortunately, the at-fault party’s insurance company insists that your injuries were unrelated to the fall since you lack evidence and a significant time has passed before you pursued a claim. With the dispute in liability, you lacked enough time to justify your claim, resulting in a case dismissal.
It is crucial to seek assistance from California slip-and-fall accident lawyers who understand the intricacies of a personal injury claim and know how to handle such to protect your legal rights.
Providing Recorded Statements Without Legal Counsel
Giving recorded statements without legal representation can be risky for several reasons. Insurance companies usually ask for recorded statements right after an accident. When you are still in shock or under stress, you might unintentionally say something that could be used against you later in the claims procedure.
Note that insurance adjusters are skilled at posing questions that could compel you to acknowledge responsibility or minimize the severity of your injuries. Without legal counsel, you can inadvertently share details that may compromise your case or lead to a reduced settlement offer.
Without legal representation, you may not completely understand your rights or the potential worth of your claim. Insurance companies may take advantage of this lack of understanding by giving an initial settlement to reduce the compensation or completely dismiss your case. This is why hiring a California slip-and-fall accident lawyer is highly recommended to protect your rights.
What Is the Average Slip-and-Fall Settlement in California?
The average slip-and-fall settlement in California usually depends on several factors that affect the circumstances of the accident. The compensation amount for slip-and-fall accidents hinges on the severity of injuries sustained and their impact on the victim’s life.
A reasonable compensation package typically comprises three key elements:
Economic damages encompass tangible financial losses arising from the slip-and-fall accident. These may entail:
- Medical expenses covering current and future treatments.
- Fees for healthcare professionals if their services are needed.
- Anticipated future medical treatments and rehabilitation for ongoing injuries.
- Property damages, such as personal items damaged during the incident.
- Lost wages due to missed work and potential future income loss.
- Out-of-pocket expenses directly related to the accident.
Non-economic damages account for intangible losses linked to the emotional and psychological impact of the incident, including:
- Pain and suffering.
- Emotional distress.
- Post-traumatic Stress Disorder (PTSD).
- Diminished quality of life, among other considerations.
Assessing non-economic damages may seem complex, but California slip-and-fall accident lawyers possess the expertise to evaluate settlements, including non-economic losses.
Lawyer’s Tip: Your legal representative can advocate for punitive damages to enhance your compensation in court proceedings. These damages are typically sought to penalize the negligent party for their extreme or malicious actions.
How Can a California Slip-and-Fall Accident Lawyer Help Me?
It is essential to seek legal counsel from a slip-and-fall accident attorney to maximize your payout. These lawyers have the expertise and experience to assess your accident and work to optimize the results for you.
For instance, you slipped in a grocery store due to a spilled milk product. When the accident happened, you failed to take photos of the accident. During the legal process, the at-fault party insisted they put up a slippery floor sign to alert customers, potentially shifting the blame to you.
A California slip-and-fall accident lawyer can help you prove your case by using their resources to gather evidence showing the at-fault party’s negligence. Furthermore, they can enhance the likelihood of a favorable outcome for your case by:
- Analyzing the details of your situation thoroughly.
- Gathering evidence to strengthen your claim.
- Preventing legal errors throughout the case proceedings.
- Negotiating with the insurance company of the liable party.
- Safeguarding your rights in the event of a trial.
Numerous legal firms across California cater to individuals seeking compensation for slip-and-fall accidents. However, Jacoby & Meyers distinguishes itself by providing an unparalleled legal process to safeguard your rights, making us the preferred option for accident victims.
Since 1972, Jacoby & Meyers has consistently advocated for the legal rights of individuals involved in slips-and-falls, securing substantial settlements. Our track record, exceeding $2 billion in settlements, underscores our commitment to our clients.
If you’ve sustained injuries in a California accident, Jacoby & Meyers is ready to assist you. We offer complimentary consultations for injury victims and operate on a contingency fee basis.
Jacoby and Meyers. Because Everyone Deserves Justice.
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Frequently Asked Questions
Do you have further questions regarding personal injury claims? We got you! Here are some frequently asked questions from injured victims that may help explain some aspects of your case.
- How Does the Burden of Proof Work in Personal Injury Claims in California?
- How Do I Include Lost Wages in My Personal Injury Claim?
- My Personal Injury Settlement Check is Late; How Long Will It Take?
- How to Find the Best Personal Injury Lawyer
- Can I Receive a Settlement from an Accident in California after I Sign a Liability Waiver?
Works Cited
“California Code of Civil Procedure (CCP) §335.1.” California Legislative Information, https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=CCP§ionNum=335.1.
“Slip and Fall Quick Facts | NFSI.” National Floor Safety Institute, https://nfsi.org/nfsi-research/quick-facts/. Accessed 26 April 2024.
“Slips, Trips and Falls.” National Safety Council, https://www.nsc.org/workplace/safety-topics/slips-trips-and-falls/slips-trips-and-falls-home. Accessed 26 April 2024.
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