Every day, across the country, people injure themselves in slip and fall accidents. These kinds of incidents can cause mild to serious harm, ranging from broken bones and soft tissue damage to slipped discs and traumatic brain injuries. While compensation is available for injured people, slip and fall claims can be difficult to negotiate or prove without a legal professional’s help and the right evidence.
If you recently experienced a slip and fall accident and are in pain, reach out to our law firm. We offer transportation to consultations and our compassionate personal injury attorneys can also come to you. Our energetic team is always ready to fight and will not back away from litigation to get you what you need. Call Valero Law Group Injury Lawyers to get the help of a San Jose slip and fall lawyer on your side.
Common Locations of Slip and Fall Accidents
A slip and fall accident can occur almost anywhere, but high-traffic locations with frequent visitors are more likely to experience unexpected accidents. Frequent sites of slip and fall accidents leading to personal injury claims include:
- Grocery stores
- Parking lots
- Restaurants and bars
- Shopping centers
- Hotels and resorts
- Sports and concert venues
- Hospitals
- Nursing homes
- Construction sites
- Workplaces
Unattended spills, cracks in walkways, debris on floors, defective lighting and equipment, missing handrails, and a range of other issues can all contribute to falls. An experienced slip and fall lawyer in San Jose can investigate the accident to determine the cause of the fall and how it contributed to the individual’s injuries.
Common Injuries in a Slip and Fall Accident
Slip and fall accidents are the second-leading cause of unintentional deaths in the United States. Many more slip and falls cause injuries that do not lead to fatalities. Common injuries in a slip and fall include:
- Broken bones
- Lacerations
- Neck injuries
- Back injuries
- Traumatic head injuries
- Muscle tears
- Soft tissue damage
- Spinal cord injuries
Some injuries, such as concussions, might not be apparent immediately after a fall. Anyone hurt in a fall should seek immediate medical attention for any potential injury.
Risk Factors for Slips and Falls
Falls can happen to anybody, regardless of age, size, or health. However, some people are more vulnerable to serious injury or the likelihood of a fall. Some high-risk groups for unexpected slips and falls include senior citizens, children, people with cognitive impairments, people with poor balance or physical disabilities, and people with limited vision.
Public spaces should remain safe for individuals with limitations due to age or physical needs. Anyone injured in a fall should consult with a slip and fall lawyer in San Jose to review the facts and determine potential liability in a personal injury claim.
Steps to Take After a Slip and Fall Accident
The most important thing to do after a slip and fall accident is to seek medical attention for any injuries (or potential injuries) that may have occurred. Some injuries require treatment at the scene or immediate hospitalization. Other injuries might not require emergency care, but follow-up medical treatment should still be sought. Not all injuries are obvious right away, so visiting a healthcare provider can be crucial. Medical care also creates a track record of treatment and expenses that will be needed in the event of a personal injury claim.
If they are able to, slip and fall victims should also document the scene and gather as much information as they can. Taking photos and video, and collecting witness information can help a San Jose slip and fall attorney advance the case in the future. If help has not already arrived, accident victims should contact law enforcement and first responders for assistance. Law enforcement officers can create a police report that contains the facts of the accident, who was involved, and how the accident could have happened.
Premises Liability and Slips and Falls
Slip and fall cases are a type of personal injury scenario that falls under premises liability law–or when someone is hurt on another individual’s property. These cases seek to hold property owners and/or managers responsible for not maintaining their premises to ensure all people are safe there.
Notably, under local law property owners only owe a duty of care to people who have permission to be on the property. The amount of responsibility a property owner owes a visitor depends on the type of visitor they are.
Invitees
Invitees are people who are on a property to do business such as patrons in a store or restaurant. Because their visit benefits the owner, invitees are owed the highest duty of care. This means a property owner must remedy or warn of any known dangers as well as regularly check for potential unknown hazards.
Licensees
Licensees, on the other hand, are on a property for their own benefit such as a guest at a party or friend’s house or someone using a restroom in a grocery store without also shopping there. In these scenarios, an owner is only required to warn of or remedy known dangers.
Trespassers
In contrast, people who do not have permission to be on a property are considered trespassers, and property owners do not owe them a duty of care except to not intentionally cause them harm unless the trespasser is a minor.
Our San Jose attorneys can help an injured person determine the type of visitor they were during their slip and fall accident and who should be held responsible for their injuries and losses.
Proving Liability and Recovering Damages for a Slip and Fall
An injured person can pursue compensation through the courts or through settlement with insurance companies. Dealing with insurance companies can be stressful for someone to handle without the assistance of a lawyer who is trained to negotiate settlements. Insurance adjusters often will not offer a settlement amount that totally covers the costs of the injured person’s losses and injuries.
In court, a lawyer can push for economic and non-economic damages like current and future medical expenses, lost wages, pain and suffering, and mental anguish. Non-economic damages are not calculated as easily as economic damages, but experienced personal injury lawyers will know how to evaluate these damages to get the most out of a claim. It is wise to hire a San Jose attorney from our firm who will not back down when seeking the best compensation for slip and fall accident injuries.
To have a successful lawsuit, an injured person must prove they were owed a duty of care. Slip and fall accident lawsuits revolve around the concept that a property owner owed the victim a duty of care, but violated that duty by negligently failing to safeguard the premises, and because of that failure, the person sustained avoidable injuries and losses. A seasoned San Jose attorney can help you prove that the at-fault party was negligent in your slip and fall case by gathering and presenting evidence including witness testimony, expert witness accounts, medical records, video surveillance, and more depending on what is available in a particular circumstance.
Call a San Jose Slip and Fall Attorney Today
It can be nerve-wracking to see your medical bills and other costs pile up while you are waiting for a solution. It is best to act quickly and enlist the help of a legal professional to pursue the compensation you deserve. Our team is always available to take your call, and if there is an emergency we are on call. We are here to do the best we can to help. Find out more by contacting a San Jose slip and fall lawyer today.
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