Gardena Slip and Fall Lawyer

Gardena Slip and Fall Attorney

You should never have to worry about the consequences of an accident, particularly a slip and fall. Falling down should not be something you are concerned about when you are out for a stroll, running errands, walking your dog, or spending time with friends. A potential injury should be the furthest thing from your mind. Assuming a reasonable degree of safety in a public or private place is understandable. A Gardena slip and fall lawyer can help you seek damages.

Fault in a Slip and Fall Case

A slip and fall case tends to fall under the category of personal injury since you are choosing to pursue damages from somebody whose actions caused you harm to some degree. Slips and falls are common accidents that affect millions of Americans and often result in significant injuries. A bad fall could result in severe, lifelong chronic pain or ongoing medical problems, such as a traumatic brain injury, a spinal cord injury, or some other serious injury.

To move forward with a personal injury case for your slip and fall injury, you must prove the existence of negligence in your case. Proving negligence in a slip and fall case is not as easy as it may appear. There is a good chance that the opposing counsel or insurance company will attempt to argue that the accident was entirely your fault. You only fell because you weren’t paying attention or exercising caution.

By proving negligence, you are proving that it was not your fault. You are proving that the accident was at least partially caused by somebody else’s poor judgment and negligent behavior. This could point the finger at an employee who neglected to mop up an area of the floor or even a neglectful manager who knew about a hazard but never bothered to get it fixed. It depends on your situation. To prove negligence, you must prove the following elements:

• The defendant owed the plaintiff an expected duty of care to a reasonable degree.
• That duty of care was breached by the defendant through negligent actions.
• That breach led to harm to the plaintiff.
• The accident that occurred was a result of the defendant’s actions.
• The plaintiff is owed damages.

The California Statute of Limitations

If you elect to pursue legal action against the individual whose actions led to your injury, it is important that you adhere to the state of California’s statute of limitations for personal injury claims, which include slip and fall claims. Generally, you are given two years to establish grounds for a claim, gather evidence, consult with a Gardena slip and fall lawyer, and file a claim for compensatory damages.

If you do not file your case within the two-year time frame, there is a strong chance that your claim will be dismissed and your case will be denied. Your only chance to seek damages for your accident will pass by without any legal action taken. Building a strong slip and fall case can take time, so you should get started as soon as you can. If you are concerned that your case isn’t strong enough, you may want to bring it to a slip and fall lawyer in Gardena, CA who can properly evaluate it.

FAQs

Q: What Is the Average Payout for a Slip and Fall Case in California?

A: There is no telling what the average payout for a slip and fall case in California might be. Every slip and fall situation is different, with every case having its own set of circumstances and specifics that are going to make every individual case unique. Certain factors have to be taken into consideration when deciding on a settlement amount, including the severity of your injury, the evidence that proves negligence, and the stance of the insurance companies.

Q: How Long Does a Slip and Fall Case Take to Settle in California?

A: Every slip and fall case takes as long as it needs to take to settle. The amount of time your case might take to finalize is going to be dependent on many different factors. It could take a long time to settle, depending on the complexities of each case. Some factors that will influence your timeline include the amount of evidence that proves negligence, how cooperative the insurance company is, and any disputes regarding liability.

Q: Why Are Slip and Fall Cases Hard to Win?

A: Slip and fall cases can be hard to win for a number of reasons. The biggest reason is often the burden of proof. Proving that somebody else is responsible for your slip and fall is not an easy task to achieve. You will need witness statements, video footage, audio footage, confessions, patterns, and so much more to guarantee a win. It can be very difficult and sometimes impossible to find enough evidence to ensure your victory.

Q: What Injury Is Most Commonly the Result of a Slip and Fall?

A: Since everyone’s situation is different, a slip and fall can result in a number of different injuries for different people. Some injuries are more common than others. One of the more common injuries is a traumatic brain injury, or TBI. Depending on the way you land, how hard you fall, and how hard you land, you could severely injure your brain. A sudden and strong head injury could result in internal trauma that can be difficult to heal from.

Legal Support From McLachlan Law, APC

Slipping and falling can be embarrassing and stressful, particularly if your fall results in a bad injury. It may not be your fault that you fell, and you may want to take precautions to ensure you are not left holding the bill for your medical expenses. An experienced Gardena, CA slip and fall attorney can help you make sure your case is taken seriously and the right people are held accountable.

The legal team at McLachlan Law, APC can assist you in building up your case and chasing down evidence that supports you. Contact us today to speak with a team member about your case.