Questions to Ask an Attorney About Your Slip-and-Fall InjuryRequest Free Consultation
No one expects a fall, but when it happens due to someone else’s negligence, a painful fall is even more distressing. Often, a bad fall causes not only serious injuries with financial hardship and lost time from work but falling in a public place sometimes results in embarrassment and emotional trauma. If your fall resulted from someone else’s negligence, a personal injury claim may help you to get back on your feet both physically and financially.
Before you meet with a San Diego personal injury attorney to discuss your case, you may have some of the following common questions.
Do I Have a Valid Personal Injury Claim for my Slip-and-Fall Accident?
Falls happen every day, but if you fall over a toy your child left on the floor in your own home, you’ll have to rely on your medical coverage. On the other hand, if the fall occurs in a public place such as a store, restaurant, cafe, motel, or government property, you could have a valid claim for compensation for your damages. “Damages” in a slip-and-fall accident are the physical and economic consequences of the fall. If the fall occurs because of another individual or business’s negligence, then the at-fault party’s negligence leaves them liable for your damages. A successful claim results in greater coverage than you’d get from your medical insurance alone, including reimbursement for lost wages and compensation for pain and suffering.
What is Negligence in a Slip-and-Fall Accident?
Business owners and managers owe a duty of care to those lawfully on their property. They have the responsibility to recognize and promptly address and repair any safety hazard that poses a risk to others, including anything that could cause a slip and fall.
Proving negligence in a slip-and-fall accident requires showing that the property owner knew, or reasonably should have known, about the hazard and that they failed to address it in a timely manner to prevent injuries.
How Do I Prove the Property Owner’s Liability for My Slip-and-Fall Injury?
In order to prove liability in a slip-and-fall accident, a personal injury attorney must investigate all aspects of the injury to identify the liable party and their insurance policy. Proving liability requires gathering evidence to demonstrate the following:
- The property owner owed a duty of care to you and others lawfully on the property to take reasonable measures to prevent injuries
- They breached this duty through an act of negligence
- The negligent breach of duty directly caused your fall and injury
- As the injury victim, you’ve suffered damages as a result of the injury
Once you and your attorney have documented evidence showing negligence and property-owner liability, you can make a claim for damages.
What Damages Can I Recover After a Slip-and-Fall Accident?
A bad fall may result in injuries such as fractures, traumatic head injuries, and back and neck injuries. Serious injuries may keep you out of work and cause financial hardship. A successful claim for damages could result in compensation for damages such as the following:
- Past and future medical expenses for injury-related care
- Reimbursement for lost wages
- Future lost wages and diminished earning capacity if you’ve been disabled in the accident
- Pain and suffering
- Loss of enjoyment of life (in cases of very serious or catastrophic injuries)
- Wrongful death (if a loved one dies after a slip-and-fall accident, close family members may recover compensation for their loss)
Most reputable personal injury attorneys offer free consultations for injured clients and work on a contingency-fee basis so you pay nothing up front. Your attorney will only take a fee after they secure your compensation.
Will I Have to Go To Court?
Over 90% of personal injury cases, including slip-and-fall claims, settle out of court when a skilled San Diego slip and fall attorney presents a strong, evidence-backed demand package to the insurer of the party at fault. However, if the insurance company fails to offer an acceptable settlement amount, your case may proceed to court to seek a positive jury verdict and a court judgment for your compensation.