One of the most common causes of personal injury is a slip and fall accident. In a recent report, the Center for Disease Control & Prevention (CDC) reported that falls are the most common cause of traumatic brain injuries. They are also responsible for over 30,000 fatalities each year. There are two major arguments in slip and fall cases – premise liability and negligence. Property owners have premise liability. This means that they have a responsibility to uphold the safety of their property and to ensure the safety of individuals on the premises. If unsafe conditions led to an injury, the owner is considered liable. The second component is proving fault. This means establishing whether negligence contributed to the injury.
In California, the law allows for claims of comparative negligence. This means that the negligent party is likely to claim that you had some fault in your own injury. This can mean a significant reduction in your settlement. More specifically, you will only receive damages in accordance with the defendant’s fault in the incident. For example, if you are found to be 40 percent responsible for your own accident, you would only recover damages in the amount of 60 percent of the personal injury that you have endured from the owner of the property.
Whether you’ve fallen on a sidewalk or in a commercial building, you are entitled to compensation for pain, injuries and medical bills. Contact a slip and fall lawyer to discuss your options.
Most slip and fall cases will eventually involve an insurance company, and the insurance company will most certainly try to deny or undervalue your claim. Furthermore, if you are considering legal action, it’s important to act quickly. California Code of Civil Procedure Section 335.1 states that you must file a lawsuit within two years of the incident. After two years, you lose the right to file a lawsuit. If you delay filing, it can make it difficult to collect damages for your injuries.
Slip and fall lawyers, like those at Blackstone Law, can help you get back on track after an accident. We understand what you’re going through, and we have experience litigating both corporate and private slip and fall cases. In relatively minor cases, you may find that a property owner is willing to pay for the damages without going to court. However, as the damages grow more severe, you are more likely to need assistance from a slip and fall lawyer.
At Blackstone Law, we pride ourselves on putting our clients first. We work on contingency, which means that you will never pay upfront fees. Additionally, even if you choose not to retain our services, the legal advice we provide is free of charge. If you or a family member need representation for an injury you sustained in an accident, we would be happy to come to you or accommodate your needs with a free phone consultation. When you turn to Blackstone Law for your slip and fall lawyer, you’ll receive proactive advocacy as well as compassionate guidance.