Slip-and-fall accidents can happen quickly and can leave you with a significant injury limiting your ability to work and with massive medical bills. When you are hurt in a slip-and-fall accident, the person or business that is responsible for your injury should pay the costs you incur for treating the injury. But how do you get what you deserve 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 involved.
Slip-and-fall accidents involve complex litigation. Your attorney can ease the burden of proving fault, locating responsible parties, negotiations, proving damages, and other essential elements of your claim. A skilled attorney can help you make careless property owners take responsibility for their negligence.
The attorneys at Arash Law, spearheaded by Arash Khorsandi, Esq., have spent decades helping injured Californians recover from the harm caused by slip-and-fall accidents. Our team is passionate about helping injured people get the help they need to get their lives back to normal. Contact us today 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 involve premises liability law. Premises liability is an area of law that requires land and business owners to keep their property safe and in good condition to avoid causing injuries to visitors.
Every business must make its premises safe for patrons. 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 actions that business owners take that can cause a slip-and-fall accident can 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?
The statute of limitations or filing deadline for a slip-and-fall lawsuit in California is typically two years from the accident date. Under certain circumstances, the statute of limitations 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. 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.
What Must I Prove to Win a Slip-and-Fall Case?
Slip-and-fall cases are complex. To win a slip-and-fall case, you must prove each of the elements of a negligence claim. Negligence cases that are based on premises liability can be complex. You need an accident attorney with experience in slip-and-fall cases who can help you make a rock-solid case. If you’re wondering whether to hire a personal injury attorney, ask yourself: A qualified attorney can help you build a strong case and obtain the compensation you deserve.
The following are the elements of negligence that must be proven to win a slip-and-fall accident claim.
Duty
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
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. A slip-and-fall accident plaintiff must show that a breach happened to progress with their claim.
Cause
Why slip-and-fall cases are difficult to win? The business owner’s or landowner’s breach of their duty of care must cause the plaintiff’s injuries. Causation is one of the most difficult elements of negligence to prove because it is not always straightforward. Insurance companies often try to attack causation when challenging a claim. Your attorney will examine the facts and help you show a connection between the harm you have suffered and the defendant’s actions.
Damages
No case will be successful unless the plaintiff can prove damages. Each element of a negligence claim must be proven, meaning that if the plaintiff did not suffer harm, the case would be unsuccessful even if the defendant breached their duty of care.
Each of these elements must be proven separately to win a case. Having an injury attorney working on your side can help you put your best foot forward when trying to collect damages in a slip-and-fall case.
What Problems Do People Who Represent Themselves Face?
Representing yourself is not worth the risk. Handling a case involves much more than just standing up in a courtroom and asking a jury to side with you. Effective representation requires someone who is experienced in navigating a courtroom and with knowledge of the rules and procedures involved in the legal process.
Hiring an expert slip-and-fall lawyer can help you avoid emotional exhaustion, mistakes, or unintentional self-incrimination.
How Can an Attorney Help Me?
Negotiating a Settlement
Many accident claims are resolved with a settlement. However, a settlement may not meet your needs if you are not experienced with negotiations. Negotiation with an insurance company requires keen skill, and if you are not experienced, you may be unable to recognize whether you are getting all the money you deserve. An attorney can help you ensure that you claim and are compensated for 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, and it can be one of the most difficult elements to prove in a slip-and-fall case when you represent yourself. An experienced personal injury lawyer will review your case and collect the evidence you need to prove your damages were caused by the business owner’s negligence.
Calculating Damages
You are entitled to recover for all losses from a slip-and-fall accident. Proving damages is an essential part of any negligence claim. You will be unsuccessful if you cannot prove damages. An attorney can help you identify and calculate all the damages you deserve. Sometimes when people represent themselves, they do not know what losses are compensable. An injury attorney can help you ensure that you have requested and that you fight to win everything you deserve.
Provide Legal Advice
Your attorney can help answer questions you may have as your case moves forward. Having an attorney in your corner can help you avoid the endless online search rabbit hole others find themselves in as they try to answer questions on their own. With the information your attorney provides you with, your attorney will help you avoid mistakes that can prove detrimental to your case.
Represent You in Court
If your case is not settled, then you will proceed to court. Because of their inexperience, many unrepresented accident victims may lose a winning case after arguing an ineffective argument. An attorney can help you by guaranteeing you meet all deadlines, structure an argument, present your case persuasively in front of a jury, and make your case.
Why Should I Hire an Injury Attorney?
It can be tempting to try to settle your case alone or to represent yourself in court, but if you are not familiar with the legal system, you may leave yourself vulnerable. So, why do you need a personal injury lawyer? To help you get the financial compensation you deserve to cover your losses after an injury. A good injury attorney can help you get the most value out of your case.
Unrepresented slip-and-fall accident victims have a harder time recovering their losses after an accident. If you do not have an attorney, you may find yourself facing these avoidable speed blocks:
- Agreeing to a settlement that does not cover all your losses
- Missing deadlines, which can be fatal to your claim
- Missing out on workers’ compensation or Social Security benefits
How Can Arash Law Help Me?
The attorneys at Arash Law, headed by Arash Khorsandi, are the best in the business at protecting accident victims’ legal rights. Our attorneys will handle your legal matter completely, which will allow you to focus on getting better instead of worrying about paperwork or speaking to insurance agents.
Here are six things you can count on receiving as our client:
- We will speak to your doctor’s office and the hospital’s medical billing department to help you avoid collection phone calls.
- We will review your medical bills and records with you to identify your losses and compile an estimate for an adequate settlement.
- We will ensure that each deadline is met and protect your case from dismissal on technical grounds.
- We will cover upfront expenses. These expenses may include the cost of hiring expert witnesses, mediation fees, deposition fees, etc.
- We will find and name each potentially responsible party to increase the likelihood of financial recovery for our clients.
- We will complete an investigation of the scene to gather evidence to help prove your case.
How to Make Your California Slip and Fall Injury Claim Stronger
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 enhance your claim and preserve the evidence supporting it (if you’re unable to do so yourself, ask someone at the scene of the accident to assist you):
- Take time-stamped pictures or videos of the accident scene before anyone has a chance to cover up any indications of the hazardous situation that caused your injuries. It’s critical to remember that your personal injury lawyer might start gathering evidence as soon as you hire them.
- 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.
- Inform the building manager about the accident, and keep a copy of the incident report.
- In case the individual who caused the accident argues 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.
- Obtain eyewitness testimony and the names and contact details of the witnesses.
- Keep all relevant data and documents in one easily accessible place, organized.
Finally, if you were hurt in a slip and fall event that was another person’s fault, you should choose a qualified slip and fall attorney near you in California. Arash Khorsandi, Esq. And the skilled slip and fall accident attorneys at Arash Law are dedicated to tenaciously fighting for the highest possible resolution of your claim.
Contact Arash Law’s Record-Setting Attorneys Today
The slip-and-fall attorneys at Arash Law, founded by Arash Khorsandi, pride ourselves on providing quality legal representation for each of our clients. We know that an accident has a substantial effect on your life. An accident can change your life in an instant. We want to see your case come to a successful conclusion. Contact our award-winning accident lawyers at (888) 488-1391 or through chat.
