Slip and falls can be terrifying because they can happen anywhere without warning. While some slip-and-falls cause minor injuries, some people suffer severe or even life-changing injuries.
At Peerali Law Firm, we understand how devastating slip-and-fall injuries can be. If you believe someone else’s negligence is responsible for your injuries, you might have the right to pursue a claim for compensation.
To learn more about your legal options, speak with a slip-and-fall attorney in Los Angeles.
Proving Fault in a California Slip and Fall
When property owners don’t correct hazards on their property or put up a warning sign, they might be held liable for injuries that occur on the property.
Proving liability requires a thorough investigation and substantial evidence. The legal burden is on you to prove there was a dangerous condition on the property that presented a hazard to you.
You must show the owner knew about the condition or should’ve known about it and that they should’ve repaired the danger or at least put up a warning sign.
Insurance companies are reluctant to pay slip-and-fall claims because they are concerned about fraudulent claims. Some unscrupulous people fake slip-and-fall accidents and hope to reach a quick settlement.
Unfortunately, this insurance fraud hurts genuinely injured people like you. That is one reason to hire a skilled Los Angeles slip-and-fall lawyer. You need someone who can protect your rights and gather evidence that supports your version of events.
Common Causes of Slip-and-Fall Accidents
Numerous hazards and dangerous conditions can lead to a slip-and-fall claim in Los Angeles. Examples of common causes of slip and falls include:
- Spilled liquids on the floor;
- Wet floors and walkways;
- Torn, loose, or ripped carpeting;
- Uneven or broken pavement in a parking lot;
- Broken stair handrails;
- A rug that is not anchored down;
- Poor lighting in a hallway or stairwell; and
- A malfunctioning escalator or elevator.
In some slip-and-fall cases, the property owner or caretaker might not have inspected the property before the injury occurred.
One of the toughest aspects of slip-and-fall claims is determining whether enough time passed for the owner to know about the hazard.
For example, consider a spilled liquid on the floor of a grocery store aisle. If the spill happened and 30 seconds later you fell, the store might not be liable. However, you likely have a valid liability argument if the spill was there for 10 or 20 minutes.
When you meet with a Los Angeles slip-and-fall accident lawyer in our office, we will review the facts of your case and help you identify all the potentially liable parties.
Type of Recoverable Compensation in a Slip-and-Fall Accident
Recoverable damages in a slip-and-fall accident vary based on the unique circumstances of your case. Every claim is different, so what your case is worth will differ from someone else’s case. In general, you might recover compensation for any of the following:
- Medical expenses to date and future medical costs,
- Lost wages and future loss of earning capacity,
- Disability and disfigurement,
- Pain and suffering,
- Emotional distress, and
- Loss of consortium.
When a slip-and-fall victim dies from their injuries, certain surviving family members might have the right to bring a wrongful death lawsuit in California.
Recoverable damages in a slip-and-fall accident differ from those in a wrongful death claim. Damages in a wrongful death lawsuit compensate surviving family members for their losses rather than the losses of the deceased.
If a loved one died from their injuries, a Los Angeles slip-and-fall injury attorney at Peerali Law Firm can explain how a wrongful death lawsuit works and who is eligible to pursue damages.
Will You Receive Compensation If You’re Partially at Fault?
Understandably, prospective clients want to know whether they can still receive compensation if they are partially at fault. California is a pure comparative negligence state.
That means you can still receive compensation even if the defendant is not 100% at fault. However, you won’t receive your entire demand.
Your percentage of liability will proportionately reduce your overall compensation. For example, if a jury finds you 20% at fault, you will receive 80% of your damages. If a jury decides you’re 60% at fault, you will only receive 40% of your damages.
You need a slip-and-fall attorney in Los Angeles who has experience with comparative negligence arguments. The defendant’s insurance company will argue that you should have the biggest share of fault.
This tactic helps save the insurance company money, even if it’s only a few thousand dollars. It’s important to choose an attorney with extensive slip-and-fall experience because, otherwise, you might lose out on a significant amount of compensation.
Statute of Limitations for Slip-and-Fall Accidents
In most situations, you have two years from the accident date to bring a lawsuit for a slip-and-fall injury. This deadline is known as the statute of limitations.
However, some circumstances can alter the deadline. For example, consider a slip-and-fall accident on a public sidewalk. You might have a claim against the city, which would significantly reduce your filing time.
In that case, you might have as little as six months to file an administrative claim.
Missing the statute of limitations means the court might dismiss your case. That means you won’t be eligible to collect any money at all.
We recommend hiring a lawyer right after the accident so that you can make sure you don’t miss any important legal deadlines. A lawyer can also determine if any exceptions to the statute of limitations might apply to your case.
Contact a Slip-and-Fall Attorney in Los Angeles
If you suffered injuries in a slip-and-fall accident, the attorneys at Peerali Law Firm stand ready to help. We have the skills and resources to take your case to trial, no matter who the defendants are.
Our personal injury lawyers have collected millions of dollars on behalf of our clients from government entities, large corporations, insurance companies, and other institutions.
We are passionate about helping injured victims recover compensation for their injuries. Contact us to schedule an initial consultation, and let us review your case and discuss how we can assist you.