If you slip, fall, and suffer an injury on someone else’s property, you could have grounds for an insurance claim or personal injury lawsuit. Find out by speaking with a San Diego slip and fall accident lawyer within days of the incident.
Your attorney can discuss your legal options and, if warranted, request compensation on your behalf. Triumph Law is a California personal injury law firm dedicated to our clients’ triumphs. We have over two decades of experience and have recovered millions of dollars in compensation for our clients.
Trust us to handle your slip and fall accident case. Schedule a free case consultation with a San Diego premises liability lawyer from our team.
Why You Need Legal Representation After a Slip and Fall Accident
Just because you get hurt on another person’s property does not mean you have to take accountability for the incident. If you are injured due to a property owner’s negligence, you can seek compensation through an insurance claim or lawsuit.
A San Diego slip and fall accident attorney assists you with your personal injury case by:
- Learning about your slip and fall and how it happened
- Gathering evidence to support your claim
- Negotiating a settlement with a liable party’s insurer
- Bringing your case to a judge or jury if there is no agreement
Triumph Law wants you to make informed decisions as you go through the legal process. Our San Diego personal injury lawyer team can help you decide if now is the right time to take legal action against a property owner responsible for your slip and fall accident and injuries. Contact us for more information.
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(916) 500-0000When to File a San Diego Slip and Fall Accident Claim
California has deadlines to sue someone who applies for a slip and fall injury case. Generally, you have two years from the date of a slip and fall accident to request money from a liable party. A slip and fall accident lawyer in San Diego can submit your claim for compensation under state law.
Your lawyer understands how difficult it is to get the money you need to recover financially from a slip and fall through an insurance claim. They communicate and collaborate with the liable party’s insurance carrier. Regardless, they may struggle to get a settlement that meets your expectations.
When settlement negotiations fail to deliver the desired results, your lawyer remains focused on your case. They prepare you for trial and search for ways to prove that you deserve economic and non-economic damages for your slip and fall accident losses.
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How Much a Slip and Fall Accident Case Is Worth
A slip and fall accident attorney in San Diego shares details about how damages are calculated in personal injury claims. They will encourage you to ask for damages for your quantifiable and subjective losses, including:
- Medical bills
- Pain and suffering
- Lost wages
- Loss of enjoyment of life
It is your responsibility to prove you deserve these and other damages. Your lawyer gathers accident scene photos, witness statements, and other proof to strengthen your case. If you have abundant evidence, a judge or jury may find a liable party was negligent and award maximum compensation.
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How to Prove Negligence in a Slip and Fall Case
It can be an uphill climb to prove negligence in a personal injury claim. A slip and fall injury lawyer teaches you about the four elements of negligence and how they relate to your case. These elements are:
Duty of Care
A property owner is legally obligated to keep their premises free of hazards. If they decide not to comply with their duty of care, anyone who visits their property could come into contact with a hazard and get hurt.
Breach of Duty of Care
Someone violates their duty of care when they commit an act of carelessness or recklessness. For instance, there are broken stairs in an apartment building, and a landlord chooses not to fix them. Ultimately, a tenant could slip and fall on these stairs, and the landlord may be liable for the incident.
Causation
When your lawyer argues your case, they will highlight how a property owner had a duty of care, violated this obligation, and caused your slip and fall accident. If your attorney succeeds, you can secure compensation for your losses.
Damages
Your lawyer explains how the property’s owner’s actions have left you with damages. They show how your losses may affect you now and in the future. If the court finds that a property owner is at fault for your slip and fall accident and injuries, this individual may be ordered to pay damages.
California has a comparative negligence rule that impacts personal injury claims. Based on this rule, a judge or jury can award partial damages if you are in any way to blame for your slip and fall.
For example, if a court says you are 20% liable for your slip and fall, you may get 80% of the damages you initially requested.
When to Submit a Slip and Fall Accident Wrongful Death Claim
No one wants to think about what they will do if a family member dies in a slip and fall accident. Help is available for those dealing with this tragic scenario. A San Diego wrongful death lawyer is empathetic and compassionate to the families of those who die in slip and fall accidents. They can determine if you are eligible to submit a wrongful death claim.
You may file a wrongful death claim if you are the surviving spouse, domestic partner, or child of a deceased person (decedent). If your family member is killed in a slip and fall, you could ask for compensation from the owner of the property where this incident took place.
A San Diego personal injury lawyer knows how emotionally taxing it is to proceed with a claim. They care for your legal matters while you and your loved ones support one another. If you have legal concerns or questions at any point, your lawyer responds to them immediately.
Receive Comprehensive Legal Representation for Your Slip and Fall Case
At Triumph Law, your triumphs are our triumphs. Our legal team wants to help you with your slip and fall case in any way we can. Our San Diego slip and fall accident lawyers will pursue compensation for you while you focus on your recovery.
Request a free case consultation with us.