Should I Get A Lawyer For A Slip-and-Fall?

Slip-and-fall accidents can happen quickly and potentially leave you with a significant injury, limiting your ability to work and resulting in significant medical expenses. When you are hurt in a slip-and-fall accident, the person or business that is responsible for your injury may be legally obligated to pay the costs you incur due to the injury. The question is, how do you pursue compensation after a slip-and-fall accident?

Personal injury plaintiffs commonly represent themselves during settlement negotiations and at trial. According to the American Bar Association, nearly one in three plaintiffs choose to represent themselves, despite the risks that may be involved.

Slip-and-fall accidents will likely involve complex litigation. Your attorney can assist with proving fault, locating responsible parties, negotiating, demonstrating damages, and other essential elements of your claim. A skilled attorney can help you hold potentially liable property owners accountable for their negligence.

The attorneys at Arash Law have decades of experience helping injured Californians pursue compensation for injuries and losses resulting from slip-and-fall accidents. Our team is committed to helping injured victims understand their legal rights and options after such incidents. Contact us at (888) 488-1391 or chat with us online to schedule a free case evaluation.

What Is A Slip-And-Fall Accident?

Slip-and-fall accidents fall under premises liability law, which requires land and business owners to keep their property safe and in good condition to avoid causing injuries to visitors. Examples of potential defendants in slip-and-fall cases include:

• Hotels
• Apartment buildings
• Shopping malls and other retail stores
• Parking garages
• Restaurants
• Government offices

Slip-and-fall cases are negligence claims. Examples of hazardous conditions that could cause slip-and-fall accidents include:

• Poor lighting or low visibility.
• Failure to provide adequate hazard notification.
• Broken tiles, concrete, or carpet.
• Failure to clean wet or greasy floors.
• Damaged stair steps.
• Broken handrails.
• Failure to remove clutter or debris from high-traffic areas.

What Is The Statute Of Limitations Law For Filing A Slip-and-Fall Claim In California?

In California, the statute of limitations for filing a slip-and-fall lawsuit is generally two years from the date of the accident. Under certain circumstances, this deadline may be “tolled” or suspended if the at-fault party is out of state or if the injured party is a minor under the age of 18.

Meanwhile, slip-and-fall cases against government entities responsible for maintaining public property have a shorter deadline of six months after the accident date. A knowledgeable California injury attorney can tell you how long you have to file a lawsuit after an injury accident once they are familiar with the circumstances surrounding your slip and fall.

How To Establish Negligence In A Slip-And-Fall Case

Slip-and-fall cases are complex. To pursue a slip-and-fall case, you must first prove each of the elements of a negligence claim. Negligence cases that are based on premises liability can be complex. An accident attorney with experience in slip-and-fall cases can help you build a well-documented case so you can pursue the compensation you may be entitled to.

The following are the elements of negligence that must be established for you to have a valid slip-and-fall accident claim.

Duty Of Care

Premises liability law requires business owners and landowners to keep their property safe for people who visit socially or patronize an establishment. The defendant has a duty of care in this regard. A slip-and-fall plaintiff must prove this element first. In the absence of a duty, the case cannot proceed.

Breach Of Duty

A breach of the defendant’s duty happens when the defendant fails to keep their property safe. Breaches can happen if the defendant does not warn about a danger or fix a dangerous condition.

Causation

The business owner’s or landowner’s breach of their duty of care must cause the plaintiff’s injuries. Causation can be one of the most difficult elements of negligence to prove because it is not always straightforward. Insurance companies often consider causation when challenging a claim. Your attorney will examine the facts and help you establish a connection between the harm you have suffered and the defendant’s actions.

Damages

No case will be valid unless the plaintiff can prove damages. You must show actual damages or loss. This may include medical expenses, lost wages, pain and suffering, and rehabilitation costs. Each element of a negligence claim must be proven, meaning that if the plaintiff did not suffer harm, they cannot pursue compensation even if the defendant breached their duty of care.

Each of these elements must be proven separately to have a valid case. An injury attorney can help you gather all available relevant evidence, connect the facts, and support your case for seeking damages in a slip‑and‑fall case.

What Problems Do People Who Represent Themselves Face?

While it’s possible to represent yourself in a slip-and-fall case, doing so comes with some risks. These cases often involve complex legal and procedural issues, such as proving that the property owner was negligent, handling negotiations with insurance companies, and meeting strict court deadlines.

Without legal training, self-represented plaintiffs may struggle to gather the necessary evidence, present effective legal arguments, or accurately assess the value of their claim. This could affect yheir ability to pursue compensation or even risk having a valid case dismissed.

Additionally, navigating the legal system might be challenging while recovering from an injury. A qualified attorney can help manage the process, prevent costly mistakes, and advocate for your rights.

How Can An Attorney Help Me?

Negotiating A Fair Settlement

Many accident claims are resolved with a settlement. Without experience in negotiations, it could be challenging to review whether a settlement offer reflects the injuries and other losses you incurred in a slip-and-fall accident. An attorney can provide guidance and support throughout the negotiation process and pursue a claim that considers all your losses.

Establishing Negligence

An attorney can help you establish that the defendant was negligent. Proof of negligence must be clear to establish fault in a slip-and-fall case. An experienced personal injury lawyer will review your case and could collect evidence to prove that your damages were caused by the property or business owner’s negligence.

Calculating Damages

You may be entitled to seek compensation for all your losses resulting from a slip-and-fall accident. Proving damages is an essential part of any negligence claim. It’ll be hard to negotiate a settlement if you cannot prove damages. An attorney can help you identify and calculate all the damages available for your case. Sometimes, when people represent themselves, they do not know what losses are compensable and what their potential value might be. An injury attorney can assist with these tasks so you can decide whether to accept a settlement offer or counter it through negotiations.

Provide Legal Advice

If you sign on as a client, your attorney can help answer questions you may have as your case moves forward, which could provide legal guidance more tailored to your situation than the answers you might see online. They will guide you through each step of the process, offering advice and helping you navigate common challenges in pursuing a slip-and-fall accident claim. Their recommendations may help you avoid mistakes that might be detrimental to your case.

Represent You In Court

If your case does not settle, it may proceed to court. Managing the courtroom process can be complex, especially for those without prior litigation experience. An attorney can assist by managing deadlines, developing a clear legal strategy, and presenting your case to the judge or jury.

Why Should I Work With An Injury Attorney?

While you can handle your case independently or represent yourself in court, without familiarity with the legal system, you may face challenges that could impact your ability to pursue compensation. So, why do you need a personal injury lawyer? Working with an attorney could help you pursue financial compensation that considers the full extent of your losses after an injury.

Unrepresented slip-and-fall accident victims may face these challenges:

• Agreeing to a settlement that does not cover all your losses.
• Missing deadlines, like the statute of limitations, could lead to the dismissal of your case.
• Overlooking potential benefits, such as workers’ compensation or Social Security.

How Can Arash Law Help Me?

The attorneys at Arash Law are dedicated to explaining and upholding the legal rights of slip-and-fall accident victims. Our attorneys handle our clients’ claims from start to finish with the goal of helping them focus on getting better instead of worrying about paperwork or speaking to insurance agents.

Here’s how we assist clients:

• Communicate with their medical providers and billing departments to help address outstanding bills and reduce collection pressures.
• Review medical bills and records to identify losses and develop a comprehensive estimate for settlement discussions.
• Comply with all legal deadlines and procedural requirements to safeguard claims from dismissal on technical grounds.
• Cover upfront expenses, which may include the cost of hiring expert witnesses, mediation fees, deposition fees, etc.
• Identify all potentially responsible parties to identify available avenues for seeking compensation.
• Conduct independent investigations of the accident scene to collect evidence that supports a claim.

How To Support Your California Slip And Fall Injury Claim

Your claim will depend on the relevant circumstances if you are hurt in a slip-and-fall accident due to someone else’s negligence. As a result, there are a few things you may do to help support your claim and preserve the evidence relevant to it (if you’re unable to do so yourself, ask someone at the scene of the accident to assist you):

1. Take time-stamped pictures or videos of the accident scene before the hazardous situation that caused your injuries is ultimately addressed (such as spilled juice in a grocery store being cleaned up after you slipped and fell).
2. Get medical help immediately. It’s crucial to understand that injuries might go unnoticed until they worsen, even if you don’t believe you’ve been seriously hurt. Get the medical attention you require as soon after the slip-and-fall accident as you can to help yourself and your claim.
3. Inform the building manager about the accident, and keep a copy of the incident report.
4. In case liability disputes arise during the claims process, such as arguments that your footwear or apparel contributed to your accident, keep the clothes and shoes that you were wearing at the time of the accident safely stored.
5. Obtain eyewitness testimony and the names and contact details of the witnesses.
6. Keep all relevant data and documents organized and easily accessible.

Finally, if you were hurt in a slip-and-fall event that was another person’s fault, consider consulting a qualified slip-and-fall attorney near you in California. The skilled slip-and-fall accident attorneys at Arash Law will help you understand your options, discuss your potential next steps, and, if you have a valid claim, help you pursue compensation for your injuries and losses.

Contact Arash Law’s Slip-And-Fall Accident Attorneys

The slip-and-fall attorneys at Arash Law are dedicated to providing legal representation to our clients. We can help you navigate the claims process and seek damages in line with the circumstances of your case. Contact our accident lawyers at (888) 488-1391 or use the chat bubble located in the right corner of this page.