Slip & Fall Accidents

San Diego Slip & Fall Attorney

Helping Slip and Fall Accident Victims Pursue Full and Fair Compensation for Their Injuries

Unfortunately, slip-and-fall accidents occur daily in San Diego County. In most cases, fall accidents can be traced back to a negligent property owner. California personal injury law allows slip-and-fall accident victims to try to recover compensation for their injuries and other related damages.

If you or a loved one have been injured in a serious fall, you must seek qualified legal representation immediately. California is a comparative negligence state, meaning that an insurance company can reduce your compensation if they can prove that you were partially at fault for the accident. That being the case, you need a San Diego slip-and-fall lawyer who will protect your legal rights and fight to ensure you receive a fair settlement.

Contact Finn Trial Attorneys APC today to schedule a free initial consultation with one of our well-qualified San Diego slip and fall lawyers. We will gladly review your case and determine what legal strategies suit your needs.

What are California’s Premise Liability Laws?

California has strict premises liability laws that require property owners to ensure their properties are kept safe from dangerous or hazardous conditions to prevent injuries. Under the law, a property owner must act as any reasonable person would, given the same circumstances. Property owners who fail to take appropriate measures to protect visitors from harm can be held liable for damages.

It should be noted that property owners are not required to resolve specific conditions unless there is a high degree of danger. For example, businesses may warn customers of wet floors or spills by posting signs that alert them to the potentially hazardous conditions.

Aside from property owners, several other groups of people may also held liable for slip and fall injuries, including:

  • Business owners
  • Management teams
  • Homeowners
  • Tenants

Determining who should be responsible for your injuries can be overly complex, primarily if multiple liability issues exist. Determining liability is just one of the legal services that fall accident lawyers handle for injury victims.

Whether your fall occurred at a business or private residence, you need a highly-trained San Diego slip and fall attorney to help you navigate your claim. Allow our law firm to provide you with skilled legal support in your time of need.

How Do Most Slip and Fall Accidents Occur?

Slip and fall accidents can occur anywhere, often resulting in serious injuries. Some of the most common factors that contribute to slip and fall accidents include:

  • Wet or slippery floors: Freshly mopped floors or spills that are not marked with proper signage are one of the most contributing factors in slip and fall accidents
  • Poor lighting conditions: Inadequate lighting can make it challenging to see, especially in dark areas
  • Uneven surfaces: Broken or cracked pavement or potholes can often result in slip-and-fall accidents on sidewalks and parking lots
  • Tripping hazards: Items left in aisles, walkways, torn or loose carpeting or tiles can often result in fall accidents
  • Poor maintenance: Broken or missing handrails on stairs or balconies are also a contributing factor that can lead to fall injuries

Regardless of how your slip and fall accident occurred, you must seek medical care immediately. Slip and fall cases, especially those where accident victims have sustained head or back injuries, could result in a concussion or spinal cord damage that requires emergency medical care. After a medical professional has treated you, contact our San Diego law firm to schedule an appointment with our fall attorneys so we can assist you with your legal needs.

What are the Most Commonly Reported Injuries in Slip and Fall Accidents?

Slip and fall accidents can result in severe injuries that can take weeks, months, or even longer to heal properly. Although a fall accident can result in various injuries, some of the most common include:

Broken Bones

Broken bones, including hip, wrist, arm, or leg fractures, are some of the most common injuries reported in slip and fall cases.

Head Injuries

Sadly, many accident victims suffer traumatic brain injuries and concussions that often result in a lengthy recovery process. Depending on the severity of the impact, some head injury victims can suffer permanent injuries that require lifelong medical care.

Spinal Cord Injury

Falls from elevated heights can easily result in spinal cord injuries. Spinal cord injuries can result in accident victims suffering neurological damage or permanent paralysis.

Other common fall accident injuries include hip, knee, and dental fractures and soft tissue damage. No matter what type of injuries you may have experienced, fall accidents typically result in extensive medical bills that can be challenging to pay. Finn Trial Attorneys APC has highly-trained slip-and-fall accident lawyers who will help you file a claim and recover the fair compensation you deserve.

What Should I Do if I Have Been Injured in a Slip and Fall Accident?

If you have been injured in a slip-and-fall accident, you may be unsure what actions to take to protect your health and well-being. If you have been injured, the first step is to call 911 to report the accident and request emergency medical responders.

If you can, take numerous pictures and videos documenting the accident scene. For example, if you slipped on a freshly mopped floor but the business failed to place wet floor signs, you should take photos that will substantiate your claim. Other actions you should take, if possible, include:

  • Gather the names and contact information of eyewitnesses
  • Ask the owner or manager for a copy of the incident report
  • Seek medical care immediately
  • Do not post pictures or information about the accident on any social media pages

Even if you do not think you were injured after a slip-and-fall accident, it is always best to be examined by a medical professional. In some instances, accident victims may have internal injuries that must be treated as soon as possible to avoid life-threatening complications. Additionally, supporting medical documentation can help substantiate your case should you file a slip-and-fall claim.

What are the Legal Advantages of Hiring a Slip and Fall Accident Attorney?

If you have been injured in a negligence accident, you are most likely feeling frightened and overwhelmed. It can be challenging to try and figure out the complex steps involved in the claims process without the help of a slip-and-fall accident attorney.

A personal injury attorney handles slip and fall accidents and the legal complexities of filing an injury claim. Insurance providers often challenge slip and fall claims; only a skilled attorney can help you navigate the state’s injury law regulations and procedures.

Your slip and fall accident attorney can also gather critical evidence to prove that the negligent party owed you a duty of care and took reasonable steps to prevent dangerous conditions. Critical evidence can include medical records, police and incident reports, video surveillance, witness statements, and maintenance records. Your fall accident attorney can also call on accident reconstructionists or expert witnesses to corroborate your claim if necessary.

One of the most significant advantages of hiring an attorney is they will professionally evaluate your case to identify all potential damages you may be entitled to recover. Additionally, having an attorney gives you a greater chance of recovering compensation that adequately meets your needs.

Finn Trial Attorneys APC has San Diego slip-and-fall lawyers with in-depth experience helping clients recover maximum compensation so they can focus on their recovery.

Why Should I Allow My Personal Injury Lawyer to Deal With the Insurance Company?

If you have been injured, the property owner’s insurance company may have already tried to contact you regarding your fall injury claim. Insurance providers like to close claims out as quickly as possible. Insurance providers know that slip-and-fall accident victims are often injured to the point they cannot return to work and are concerned about making ends meet. That being the case, many insurers offer claimants quick settlements that may seem tempting but do not adequately provide for future medical expenses and other damages.

You should never agree to make a recorded statement providing accident details. Insurance providers can legally use your statement against you to try and deny or reduce compensation. You should also never sign any insurance paperwork without consulting an attorney. A “release of all claims” form is a legal document that relieves the insurance provider of any further liability, and once it is signed, you cannot pursue additional compensation.

One of the best ways to protect yourself and ensure you receive a fair settlement is to allow a personal injury lawyer to act as your advocate with the insurance company. Our San Diego slip-and-fall attorneys have extensive experience negotiating with insurance companies and are fearless when safeguarding our clients’ rights.

What Legal Elements Must Be Present to Win a Personal Injury Lawsuit?

In California, property owners must maintain their premises reasonably to prevent others from being injured. Injury victims may be entitled to pursue compensation for damages when slip and fall accidents occur. The four legal elements must be proven to win a personal injury case, which include:

  • Duty of care: The property owner has a legal obligation to ensure their premises are free of dangerous conditions or hazards that could potentially harm visitors
  • Breach of duty of care: The property owner failed to keep their property reasonably safe, resulting in the plaintiff’s injuries
  • Causation: The plaintiff must be able to demonstrate a clear link between the dangerous condition or hazard and the injuries, such as a wet floor that was not marked by signage
  • Damages: The plaintiff must have suffered damages such as medical bills or lost wages

Proving the legal elements of a slip-and-fall claim can be challenging for those without legal experience. Insurance companies often try to blame victims so they can deny claims or pay less in compensation. Insurance companies are typically more concerned with protecting their profitability than injury victims’ well-being. A San Diego slip-and-fall lawyer is familiar with the legal nuances of personal injury claims and knows what it takes to get results.

If you have suffered serious injuries in a slip and fall accident but are not sure if your case qualifies to pursue legal action, contact our law firm as soon as possible. One of our highly qualified fall accident lawyers will gladly meet with you to review your case.

How Can I Recover Compensation That Pays for My Medical Bills?

If you or a family member have suffered injuries after a slip and fall accident, you are probably dealing with a stack of unexpected medical bills. Even with health insurance, you may wonder how you will pay for costly medical expenses for ongoing care.

California personal injury law allows slip-and-fall accident victims to seek compensatory damages for losses.

Economic Damages

Economic damages compensate you for money you have paid out of pocket after injury. Some of the most commonly awarded economic damages in slip and fall accident cases include:

  • Past and future medical bills
  • Lost wages due to your inability to work
  • Loss of earning potential if you cannot return to the same type of work you performed before being injured
  • Property damage

You may also be able to obtain additional financial compensation for ongoing medical expenses such as physical therapy and rehab.

Non-Economic Damages

Non-economic damages cover intangible losses you suffered from your slip and fall accident. It is essential to remember that because every slip and fall case is different, any damages you may receive can vary.

Frequently awarded non-economic damages may include those related to pain and suffering caused by your accident, which include:

  • Emotional distress
  • Permanent disfigurement and scarring
  • Compensation for the pain you were forced to endure due to injury
  • Loss of enjoyment of life if you can no longer participate in the same activities you did before you were injured

Please contact a San Diego slip and fall lawyer from our law firm to learn more about slip and fall accident claims and how we can help.

Is California a Comparative Negligence State?

California follows a comparative negligence doctrine, meaning that even if you share some degree of blame for the accident, you may still be able to recover compensation. However, your compensation will be reduced by the percentage of fault assigned to you.

Suppose you are injured in a slip-and-fall accident and awarded $150,000 in compensation, but the judge or jury determines that you were 25% at fault. Your compensation would be reduced by 25% or $37,500. Your final compensation would then total $112,500.

If it is determined that you are over 50% at fault for the accident, you cannot recover financial compensation. Insurance companies often try to use the state’s comparative negligence law to their advantage to argue that the victim is to blame for causing an accident, so they avoid large payouts.

Your attorney will conduct an independent investigation to obtain evidence that validates your claim. Because insurance providers care more about profits than the well-being of claimants, you must hire an experienced San Diego slip-and-fall lawyer who will safeguard your interests.

Our lawyers will work to gather critical evidence that will prove your case to ensure you receive total compensation for the harm you suffered. Often, when an insurance company knows you have a personal injury attorney, they are more willing to negotiate a fair settlement. Our legal team will handle all legal issues with the insurance provider so that you can focus on your recovery.

How Long Do I Have to File a Personal Injury Claim?

The California statute of limitations allows a slip-and-fall accident victim to file a claim up to two years after the date the injury occurred. The law aims to ensure that evidence is readily available, prevent the courts from being backlogged with old cases, and prevent potential defendants from living indefinitely with the threat of potential litigation.

Due to the strict time limits imposed by that statute of limitations, anyone injured should consult with a San Diego slip-and-fall lawyer as soon as possible. As with any accident, crucial evidence can quickly disappear. For example, suppose you slipped on a wet floor at a convenience store. Smaller stores often have limited storage, and the video footage may be written over within a few weeks or months. Once the video footage is written over, evidence supporting your claim is gone forever. When you hire a personal injury attorney, they can work quickly to obtain crucial evidence.

Generally, if you try to file a premises liability claim after the two-year time limit has expired, the case will most likely be thrown out. Once the case is dismissed, you will lose all legal recourse to seek compensation and hold the negligent party accountable for their actions or inactions.

You must seek legal representation immediately if someone else’s negligence has injured you. An experienced San Diego slip and fall accident attorney from Finn Trial Attorneys APC will gladly assist you with filing a claim and ensuring you meet all critical deadlines.

Will My San Diego Slip and Fall Injury Claim Have to Go to Trial Before I Can Recover Compensation?

If you have filed a slip and fall injury claim, you may be concerned that your case will have to go to trial before you can recover financial compensation. Most personal injury victims just want to resolve their legal issues so they can resume their lives and focus on their recovery.

In San Diego, most slip-and-fall cases are resolved through negotiations between injury attorneys and insurance providers. Taking a case to trial can be costly and time-consuming for both sides. Many insurance companies worry that a jury could award more for the plaintiff’s injuries than they could offer in an out-of-court settlement.

The case must go to trial if an insurance provider is unwilling to negotiate a fair settlement. However, even if a case is scheduled for trial or ongoing, the two sides can still reach an out-of-court settlement.

Finn Trial Attorneys APC has San Diego slip-and-fall attorneys with a proven reputation for negotiating fair settlements for our clients. With every slip-and-fall case we handle, we aim to help clients receive maximum compensation for the harm they have suffered due to a property owner’s negligence. Our attorneys are skilled negotiators and fearless in safeguarding our clients’ rights.

If you have questions about how insurance companies negotiate settlements or are worried about having to go to court, contact our law firm immediately so we can discuss your concerns.

Why is Your San Diego Slip-and-Fall Lawyer the Right Choice to Help Me File an Injury Claim?

Finn Trial Attorneys APC is a San Diego law firm committed to helping clients hold property owners accountable for their negligence. We realize that being injured is stressful for you and your family as you worry about unpaid medical bills and lost wages.

When you seek help from our law firm, we will thoroughly evaluate your case to identify potential damages to maximize your compensation. We will also handle all legal issues with the insurance company to ensure the process goes smoothly. Suppose the insurance company is unwilling to offer what we believe to be a fair settlement. In that case, our San Diego attorneys are prepared to go to court to hold all negligent parties accountable. 

Unlike other personal injury law firms, we never encourage clients to take settlements not in their best interest. Instead, we work diligently to ensure you can confidently face the future. 

If you have been injured in a slip-and-fall accident, contact our law office at 619-375-5105 to schedule a free consultation with a San Diego personal injury lawyer who will determine your legal options.