Carlsbad Slip And Fall Lawyers
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Our Top-Rated Carlsbad Slip And Fall Lawyers Provide Experience And Knowledge When You Need Them Most
Are you or a loved one suffering from injuries following a bad fall on private property? You may have a valid accident insurance claim. Our Carlsbad slip-and-fall lawyers at Arash Law are committed to helping you receive the maximum compensation you deserve. For personalized legal advice, call us today at (888) 488-1391 to schedule your free initial consultation.
Carlsbad is a seaside community surrounded by shopping centers, resorts, parks, and residential neighborhoods. The city’s population represents a small portion of San Diego County’s total population. Still, businesses are thriving, and people are enjoying various activities at their leisure. Unfortunately, that also means they could get into several types of accidents while they’re out and about. One of the most common causes of injuries in this city is slip-and-falls.
Indoor accidents are widespread in businesses, workplaces, and even at home, where it’s common to slip, trip, and fall. The National Floor Safety Institute (NFSI) has recorded over 8 million hospital emergency room visits due to slip-and-fall accidents.
If you’re injured after falling, speak with our slip-and-fall attorneys in Carlsbad. There’s no need to worry about fees, as we operate on a no-win, no-fee approach. We only get paid if we win your case.
Our expert personal injury lawyers will handle the entire insurance claims process on your behalf. We will ensure you receive the highest compensation, just as we’ve done for our previous clients. We have proudly recovered over $500 Million in compensation for injured victims and their families.
Zepeda v. Kustom Roofing (settled on 8/28/2020) – settlement in a case involving a client who sustained a mild traumatic brain injury when he fell off a roof.– TINA ESHGHIEH
Why Trust Our Lawyers For Your Slip-And-Fall Claims In Carlsbad?
Handling high-profile slip-and-fall accident cases is one of our Carlsbad injury law firm’s core strengths. We have seasoned Walmart and Target slip-and-fall attorneys who have consistently and successfully advocated for the victims’ rights against these big brands.
We have been serving the entire state of California for decades, and our clients can attest to our unparalleled expertise and exceptional customer service.
Our personal injury attorneys in Carlsbad, who win slip-and-fall cases, will:
- Gather all the evidence of your accident and injury to build a compelling case
- Help you file the relevant legal paperwork on time and avoid technical disqualifications
- Negotiate with the other party’s insurance company and legal counsel
- Connect you with the country’s top medical doctors to assess your actual condition
- Hire economic experts to evaluate the impact of your injury on your financial status, which can help maximize your compensation.
- Represent you in the trial court if needed.
We fully understand the physical and emotional stress you are going through, and we don’t want you to think about any service fees while you recover. On top of the benefits mentioned above, we offer you a contingency fee approach, meaning you only pay us something once we win. We just want you to focus on your recovery while we do all the legwork.
Our Carlsbad slip-and-fall injury lawyers can not only assist you with your recovery, but they can also protect you from any potential coercion or intimidation by the other party. We can prevent you from accepting a lowball offer if they present you with one, as your case may be worth more.
Common Causes Of Slip & Falls In Carlsbad, CA
Spilled liquids at grocery shops, slick pool walkways for residents, and unstable scaffolding on building sites are just a few common causes of slip-and-fall accidents.
Residents and visitors should also be cautious of other causes to avoid injuries:
- Poor lighting conditions
- Overly-exposed electrical cords
- Defective sidewalks and pavements
- Potholes and other risks in parking lots
- Uneven surfaces
- Worn and torn carpets
- Lifted flooring
- Wet staircases
- Damaged or missing handrails
- Spilled liquids
- Piles of rubbles
Slips, trips, and falls are only some of the common accidents in Carlsbad. The ongoing development in the city puts residents and visitors at risk for workplace incidents, pedestrian accidents, amusement park disasters, elevator and escalator accidents, and vehicle collisions, among others.
Our personal injury lawyers in Carlsbad specialize in various cases, including slip-and-fall and even more than the accidents mentioned above. Don’t hesitate to give us a call to see if you have a case.
Common Injuries Sustained From Slip-And-Falls
In a recent report, the Centers for Disease Control and Prevention (CDC) highlighted that hip fractures are some of the most common injuries in a slip-and-fall accident. Apart from that, these incidents are particularly risky as they can lead to several types of conditions, including:
- Neck injuries like whiplash – worsening pain, spasms, decreased head movement, and headache
- Spinal cord injuries like slipped discs – lower back pain, arm or leg pain, weakness, and paralysis
- Back injuries – stabbing sensation and leg pain
- Head injuries – headache, nausea, fatigue, speech problems, dizziness, and confusion
- Traumatic brain Injuries (TBIs) – headache, vomiting, anxiety, confusion, and dizziness
- Broken bones – swelling, bruising, intense pain, numbness, and protruding bone
- Soft tissue injuries – immediate pain, delayed swelling, stiffness, and bruising
- Contusions – pain, swelling, skin discoloration, and stiffness in the affected area
- Dislocated shoulders – deformed shoulder, swelling, numbness, and inability to move joints
- Eye injuries – pain, redness, bleeding, changes in appearance, and blurred vision
- Catastrophic injuries – blurred vision, confusion, memory loss, slurred speech, and nausea
In the most devastating accidents, slip-and-falls might result in a wrongful death. This case might happen suddenly or after a long medical battle. Either way, the victim’s family may file a claim with the help of our wrongful death lawyers.
No matter how minor your fall is, it’s always best to consult a healthcare professional to give you a check-up properly. They can analyze the severity of your injuries as well as your current condition to avoid any potential health issues in the future.
Remember to save all of your medical documents, including laboratory tests, X-rays, MRIs, and CT scans, as well as any relevant medical bills. Our lawyers in Carlsbad for slip-and-fall accidents will use these files to prove negligence in your claim and win you maximum compensation.
Determining Who Is Liable For Your Slip & Fall Injuries In Carlsbad
If you get injured while on someone’s property in Carlsbad, California, you may have a premises liability claim. You might be eligible to receive compensation from the property owner if they are found to be negligent in maintaining a safe space for visitors. You’ll need to hire our lawyers, who specialize in slip-and-falls, to determine the at-fault party and prove their negligence.
However, landowners are not the only ones who could be at fault for your injuries. Some other individuals and companies that might face liability in a slip-and-fall accident are:
- Property management company
- Contractors or maintenance staff
- Business owners or employees
- Other third parties
Liability could fall on one, more, or all of these parties since California is a comparative negligence state. The court considers all responsible parties and assigns a percentage of liability to each one based on their level of contribution. Even the victim could be partially at fault for their own slip-and-fall accident.
Rest assured that you will still be able to receive compensation. However, the degree of your fault will lessen its value. If, for instance, the court finds you 40% responsible and your total claim is $100,000, you would only receive $60,000 after deducting $40,000 (which is 40% of $100,000).
Comparative negligence and other liability rules in California can be complicated. It’s best to talk to our skilled slip-and-fall lawyers in Carlsbad to find out which laws apply to your accident.
Proving Negligence In Carlsbad, California
In general law, negligence is an individual’s failure to execute the care and caution that a reasonable person would in identical circumstances. Their actions or failures could result in harm, injury, or loss to another person.
Our slip-and-fall injury lawyers in Carlsbad will have to prove the at-fault party’s negligence to win your case. It consists of four elements:
- Duty Of Care – The defendant must have owed a duty of care to the plaintiff. This duty is determined by the parties’ relationship or the circumstances of the case.
- Breach Of Duty – The defendant did not fulfill that duty of care. Meaning they did not act in the same way that a reasonably prudent person would have under the same circumstances.
- Causation – It refers to how a defendant’s violation of duty causes the plaintiff to incur harm, such as an injury or loss. Causation has two parts: factual causation and legal causation. Factual causation refers to whether the defendant’s acts actually caused the plaintiff’s harm. In contrast, legal causation determines whether it is fair to hold the defendant legally accountable for the plaintiff’s harm.
- Damage – The slip-and-fall accident must have caused actual harm, including physical injury, emotional distress, and financial loss. Damages can be proven with the following evidence:
- Accident reports
- Medical records
- Surveillance footage
- Video footage
- Photos of the accident scene
- Photos of your injuries
- Eyewitness statements
- Expert witness opinions
- Employment records
- A personal journal that describes your suffering
Financial Compensation To Recover For Your Slip & Fall Injuries
If you were injured in a slip-and-fall accident in Carlsbad, you may be entitled to the following types of damages:
Economic Damages
These are the past, present, and future expenses incurred as a result of your injuries, including:
- Medical expenditures
- Treatment and therapy bills
- Costs of hiring help
- Lost pay
- Reduced earning capacity
- Repair and replacement costs of property
Non-Economic Damages
These losses are intangible but still reimbursable. Though they don’t come with receipts, there are techniques for calculating them. Our Carlsbad slip-and-fall lawyers will assign a monetary value that will properly represent your losses, such as:
- Pain and suffering
- Anxiety
- Depression
- Other mental illnesses
- Lower life expectancy
- Bodily disfigurement or dismemberment
- Loss of enjoyment in life
- Loss of companionship
Punitive Damages
Punitive damages are rare verdicts in California, and they don’t compensate the victim for any monetary losses. Rather, punitive damages are granted by a jury to punish the accused for exceptionally wrongful behavior and to discourage them and others from repeating or doing the offense in the future.
Statute Of Limitations For A Slip & Fall Claim In Carlsbad, California
The California Code of Civil Procedure §335.1 states that a plaintiff or the claiming party has a maximum of two years to file a lawsuit from the day that the accident occurred. However, there are a few exemptions to this rule:
- In cases involving minor victims, the statute of limitations is paused until they turn 18. By then, they would have two years to file a personal injury claim.
- If you noticed the injury much later than the accident, the timer might start from the date of discovery.
- If you sustained an injury on government property, you only have six months to file a claim against the respective agency to avoid technical forfeiture.
Two years may be a long time, and some victims may believe that it’s enough time to file a case. However, it’s not adequate, especially when considering the recovery period. Delaying the process also means delaying the compensation due to you.
Talk to our lawyers specializing in slip-and-fall cases in Carlsbad. We will file a claim promptly to ensure you don’t miss out on money that would go toward your medical expenses and other losses.
Settlement in a slip and fall case versus apartment complex; client suffered spinal and shoulder injuries– JUDD ROSS ALLEN
When To File A Claim For A Slip, Trip, Or Fall
You may file a complaint as soon as the accident occurs. However, filing a complaint is more complicated than it seems. Obtaining the legal documents is only one part of it. Visiting government offices is another thing, and a court appearance is also a possibility. With these time-consuming actions that may jeopardize your rehabilitation, you should see a personal injury lawyer.
California Civil Code § 1714 clearly states that property owners are responsible for the utmost safety of everyone on their premises. It also implies that they are legally liable for any injury anyone may experience if they neglect this duty, whether at private or public institutions, government buildings, or even private residences.
If you trip, fall, and sustain an injury as a result of poor maintenance and the owner’s failure to clear any hazards, you may have a viable case worth pursuing. Contact our slip-and-fall lawyers in Carlsbad immediately so we can initiate your claim for compensation.
What To Do After You Slip And Fall On Someone Else’s Property
If you are involved in a slip-and-fall accident, take these steps, if you’re able, to protect your rights and safety:
- Stay calm and check yourself for any injuries. Locate pain points or any open wounds.
- Call 911 for medical assistance should there be apparent injuries.
- Call the property owner’s attention and describe what happened calmly to avoid a verbal or violent dispute that could put you at fault. By speaking with the property owner, they might be able to post a warning sign to prevent another person from sliding and falling.
- Immediately document the hazard that caused your accident. The property management or owner could fix up or clean up the hazard like it never existed. Taking photos or videos of the hazard and surroundings will serve as evidence in filing a complaint or taking legal action.
- Look for any witnesses around you who can corroborate your story. Get their contact details and consent to describe the actual incident to the property owner and authorities.
- Visit a healthcare center to examine your current condition, even if you are feeling fine. Specific injuries, like brain trauma, can take time to manifest. Your medical assessment record will also be helpful in claiming an insurance claim if you decide to pursue a case.
- Consult our Carlsbad slip-and-fall attorneys. We will guide you on the next steps to initiate a claim for compensation.
If you can’t come to our offices, schedule an initial appointment with our Carlsbad slip-and-fall lawyers online. We only want you to focus on recovering from your injuries while we work hard to hold the other party accountable and get you the highest compensation possible.
Frequently Asked Questions (FAQs) About Slip & Falls In California
How Much Is My Premises Liability Case Worth?
Premises liability settlements vary from case to case. The actual amount of compensation you’re entitled to depends on these factors:
- Types of injuries you sustained
- The severity of your injuries
- Impact of your injuries on your daily life
- Your capacity to provide for your family after the injury
- The other party’s counter-offer
- The other party’s insurance coverage
Here are some slip-and-fall and premise liability cases that our lawyers have handled to give you an idea of the compensation we won.
- Our eighteen-year-old client was seriously injured while working on the defendant’s farm. The defendant refused to accept responsibility, so we had no other choice but to bring the case to trial, where we won $18.7 million in compensation.
- Our client, a young roofing contractor, fell through a broken skylight in a commercial building. The defendants asserted a defense under the Privette doctrine that would protect them from such a fall. Despite the multiple legal defenses available, our legal team was able to achieve a $6 million settlement.
Our most recent success included an assault on an elderly Walmart shopper. The establishment failed to secure its premises, which allowed the perpetrator to breach and severely beat our defenseless client. We won the case with the help of our personal injury lawyers, and Walmart paid our client $41 million in settlement.
Why Do I Need An Expert Attorney For My Personal Injury?
Slip-and-fall accident victims not only suffer from various physical and emotional injuries. Recovery also takes a lot of time for them. Additionally, all the associated expenses may lead them to financial ruin.
As a law firm that prioritizes our clients, Arash Law genuinely cares for your well-being and empathizes with the hardships you may be experiencing. Our team of Carlsbad slip-and-fall lawyers at Arash Law commits to holding the defendant accountable and making sure all your damages, including medical expenses and lost income, are fully compensated. You can rely on us to provide you with the legal support and guidance you need during this difficult time.
Hiring our personal injury attorneys in Carlsbad would also prevent you from receiving a lowball offer from the other party and their insurance company. We will provide you with a more extensive computation by carefully studying your injuries, your current financial status, and your non-physical damages.
Our Carlsbad slip-and-fall attorneys, spearheaded by Arash Khorsandi, Esq., can connect you to the top doctors in the country to fully assess your condition, thereby boosting your compensation.
Can Undocumented Immigrants File A Slip-And-Fall Claim In California?
In California, everyone has a right to file a slip-and-fall claim. Being undocumented should not hinder anyone from fighting for their rights and seeking compensation.
Most immigrants, particularly those with legal papers seeking approval, choose to remain silent despite injuries received in an accident for fear of deportation. However, an individual’s residence status doesn’t matter under California’s personal injury law.
Whether you’re documented or not, our slip-and-fall lawyers in Carlsbad are prepared to represent you and hold the responsible parties accountable for your injuries and losses. Our legal team has people who speak Spanish, Italian, Farsi, Korean, French, and Hebrew, ready to discuss your case using the language you’re most comfortable in.
What Documents Are Needed For A Slip-And-Fall Claim?
To prove negligence in your slip and fall accident, our lawyers in Carlsbad will gather and present the following documents:
- Medical report
- An incident report from a business establishment, if applicable
- CCTV footage
- Owner’s name and contact number
- Photos and videos of the scene
Our legal team will secure these records for you. We’ll handle the whole claims process so you can fully focus on your recovery. We will try to arrange a settlement with the other party and their insurance company, presenting them with a comprehensive demand letter that describes the details of the accident, establishes the other party’s fault, highlights medical records detailing your injuries, and specifies the damages you deserve.
California Slip-And-Fall Statistics
Slip-and-fall incidents can happen anywhere, frequently in commercial places like malls, grocery stores, and workplaces. They could also occur at homes, notably in driveways and pools.
The NFSI report revealed that fractures are the most common injuries sustained after a fall, occurring in 5% of all cases. Still, these accidents lead to death in many cases, particularly for these demographics:
- People aged 65 to 84 years – Falls are the second leading cause of injury-related fatalities.
- Individuals aged 85 years or older – Falls are the primary cause of injury-related fatalities.
What’s surprising is that most fall-related injuries at home happen at ground level, not at an elevation. Outside, individuals sustain minor to severe injuries from slipping on a wet floor, tripping over a rock, and other hazards on the ground.
Moreover, slip-and-fall cases are particularly rampant in the construction sector. According to the Bureau of Labor Statistics (BLS), one in five workplace fatalities, or 46.1% of fatal slip-and-fall accidents in 2020, occurred in this industry.
The effects of a tripping or falling accident, no matter how minor they may seem, could potentially escalate. Make sure you have legal protection with the help of our slip-and-fall lawyers in Carlsbad. The numbers indicated above merely demonstrate how catastrophic a slip-and-fall disaster can be and how it may occur anywhere and to anybody, especially for older people and children.
Consult With The Dedicated Slip And Fall Attorneys Carlsbad Trusts Today!
If you’re suffering from an injury due to someone else’s negligence, seek our slip-and-fall lawyers in Carlsbad right away.
Our experienced attorneys have handled multiple slip-and-fall cases, including lawsuits that other firms have turned down due to their complicated nature. We have a proven track record of winning various personal injury claims, including other premises liability accidents.
Call us now at (888) 488-1391 and partner with the number one client-centric personal injury law firm in California. You can also fill out our online form.
Our team of personal injury lawyers is headquartered in Los Angeles. We also proudly serve these neighboring areas: Agra, Fallbrook, Pala Mesa, Vista, San Marcos, Lake San Marcos, Valley Center, Encinitas, Solana Beach, Del Mar, Poway, and Escondido.
