Slip and fall incidents can cause serious bodily injury, including broken bones, traumatic brain injuries, and spinal cord damage. Recovering from a slip and fall injury can be a long process, filled with expensive medical needs, time away from work, and other losses. In some cases, you may face lifelong challenges with permanent disability. An Oakland slip and fall lawyer can help in these circumstances by initiating litigation to enforce your right to claim compensation for damages against those at fault for the injury. Reach out to Valero Law Group today to begin working with a trusted personal injury attorney.
Potential Causes of Slip and Fall Accidents
A slip and fall injury can happen under many different circumstances and from a variety of conditions that exist on another person’s property. These can include:
- Wet floors
- Broken stairs
- Poor lighting
- Tears in carpeting
- Holes in the ground
- Cluttered walkways
- Uneven walkways and surfaces
- A lack of guardrails and handlebars
If possible, take notes and photos immediately after a slip and fall accident that can be useful in establishing the cause. Seek medical attention as soon as possible after the incident to treat injuries and to obtain medical documentation connecting your injury to the fall accident. An Oakland slip and fall attorney can utilize this information and more to prove liability and maximize potential compensation.
Determining Fault and Liability for Slip and Fall Injuries
A property’s owner or the party that occupies and controls it has a duty of reasonable care to discover and manage any unsafe conditions that could harm others. When an injury occurs through a person’s failure to uphold this duty, they may be liable for the related damages.
Whether a property owner exercised reasonable care in maintaining their property often depends on several relevant factors applied to the circumstances of the slip and fall incident. For example, some of the key issues in determining fault in a premises liability case are the amount of control the owner had over the unsafe condition, the likelihood that it would cause harm, whether the plaintiff knew about the condition, and the difficulty in protecting against it.
Liability for an injury from a slip and fall can sometimes be assigned to multiple parties, including the harmed person. California’s comparative fault rule will apply in these cases and could limit an injured person’s damages by their percentage of responsibility. Working with an Oakland slip and fall attorney is valuable in complex cases with disputes about fault. Our team can raise factual arguments to properly assign liability, provide an objective opinion on the potential apportionment of fault by a jury, and attempt to negotiate a reasonable settlement on a client’s behalf.
Damages Available to Victims of a Slip and Fall Accident
A person injured in a slip and fall case can usually claim several types of damages related to their injury. This includes compensation for lost wages from missed work, lost future earnings from disability, medical expenses, and non-economic losses from the slip and fall incident such as pain and suffering and a loss of enjoyment of life. The precise amount of damages available will depend on the extent of a person’s injury and its impact on their life in addition to any reductions for comparative fault.
How Long Do You Have to File a Personal Injury Lawsuit in California?
There is a two-year statute of limitations for personal injury lawsuits in California, which means victims of a slip and fall incident must file their claim within two years from the date of the accident. Our team can help you determine the applicable filing deadline in a case and protect against the untimely filing of a claim that could cause a complete dismissal.
Contact an Oakland Slip and Fall Attorney Today
Some slip and fall cases can leave you with limited mobility and other life challenges. Our team of Oakland slip and fall lawyers offers transportation and can meet with you outside the office to accommodate your needs during an initial consultation. We do this so you can focus on healing while still getting the legal assistance you need. We only get paid if we obtain compensation in your case and are not afraid to litigate through a jury trial. Schedule a free consultation today.