One second you are going about life as usual, and then it happens in a flash – you slip, your feet fly out from under you, and you fall flat on your back or your face. These accidents can happen anywhere and turn your world (literally) upside down. Even though slip and falls incidents are not uncommon, they can still bring about catastrophic, life-changing, and even potentially fatal consequences. In 2016, 9.2 million reported falls – and untold numbers of unreported falls – required emergency care and resulted in 800,000 hospital admissions. Falls are also cited as the leading cause of traumatic brain injuries in the country. If your accident was the result of someone else’s negligence, you may be entitled to recover for harm you suffered. If you were involved in and fall, speak to an experienced Hemet Slip and Fall Attorney to see if you may be able to recover compensation for your injuries.
How Do Slip and Fall Accidents Happen?
Slip and fall accidents are often caused by unsafe or hazardous conditions – for example, the presence of a broken step, loose tile flooring, or a substance present on the floor. In growing towns like Hemet, where restaurants, retail establishments, workplaces, and residences such as apartment complexes are springing up constantly to support a population of over 84,000, there are ample opportunities for patrons and other guests on these properties to be hurt due to unsafe conditions.
Managers, owners, and caretakers of property owe a duty to guests and visitors to exercise reasonable care to maintain their property in a condition free of unsafe or hazardous conditions. There is a further duty to take reasonable care and inspect their property to identify these conditions and either fix them or warn guests about any such conditions not obvious enough a reasonable person would see them, recognize them, and take steps to avoid them. Failing to exercise reasonable care and inspect the property regularly or adequately creates a presumption the responsible party had constructive notice of the condition for liability purposes.
What Is My Slip and Fall Case Worth?
It’s common to wonder what you can recover for your slip and fall case – these accidents can result in serious injuries that may even require lifelong care or accommodations. Common injuries include:
- Brain injuries;
- Spinal cord injuries; and
- Facial and dental injuries.
Slip and fall victims most commonly try to recover for their injuries in court by arguing someone’s negligence injured them. After proving the party controlling the property acted negligently, they will be liable for your injuries unless they can raise a valid legal defense. To prove negligence, you must show it’s more likely than not:
- The defendant owed you a legal duty of care;
- They breached their duty through either an act or omission; and
- Their breach caused you harm.
After establishing negligence, you may be entitled to compensatory damages you can prove before a court to make you whole for your injuries. These damages may be awarded for concrete economic harms such as property damage, funeral costs, and hospital bills. They may also be awarded for more abstract, noneconomic damages reflecting psychological and emotional trauma such as loss of consortium, pain and suffering, and disfigurement.
In some circumstances additional damages may be warranted, but it can be tricky to receive because of the higher burden of proof required. In all cases, however, it’s advisable to consult with an experienced Hemet Slip and Fall attorney to avoid potentially costly legal pitfalls.
What Should I Do?
The unexpected nature of a slip and fall can be traumatic; this trauma is understandably compounded by any injuries you suffer. However, despite the trauma and how overwhelming it may seem, it is important you take a few simple steps afterwards to look after your health and strength any claim you may make for compensation in the future.
It’s important you act promptly after you slip and fall. California has imposed a 2-year deadline for you to file a claim in court seeking damages for your slip and fall injuries. If you do not adhere to this timeline and try to file a claim after this deadline has passed, you will be barred by the statute of limitations from pursuing your lawsuit. A court will dismiss your lawsuit and you will permanently lose your right to recover compensation for your injuries through the court system.
Seek Medical Care Immediately
It’s important you receive medical care as soon as you can after your slip and fall – this is true even if you believe you were not hurt. You need a comprehensive medical evaluation because many serious injuries, including brain injuries, do not show symptoms right away. Not only will the evaluation diagnose and help treat seen and unseen injuries, it will pinpoint a date of injuries for any future claims you make. Follow all treatment plans precisely, take medicine as prescribed even if you are feeling better, and attend all follow-up appointments you provider sets.
Document Your Accident
If the slip and fall happened at work, immediately report the accident to your supervisor in order to document the accident and to get started on the process of filing a workers’ compensation claim. If your slip and fall occurred elsewhere, report it to the property manager or owner.
No matter where your accident happened, there are other ways you should document your slip and fall if possible:
- Take photographs area where your accident occurred;
- Look for the source of the agent that caused you to slip and photograph it; and
- If anyone witnessed your slip and fall, get their contact information.
Document Your Injuries
Keep records substantiating all damages – physical, financial, or any other sort you suffer – as proof for when you file your claim. Medical bills, receipts, insurance copays, paystubs, and any other relevant document can be of great help later.
Contact a Hemet Slip and Fall Attorney
If a slip and fall injured you or a loved one, contact the skilled Hemet Slip and Fall Attorneys at Walton Law without delay. Our attorneys have years of experience providing tailored, aggressive representation to victims in and around the Hemet area and recovered millions of dollars in compensation for our clients. Contact us 24 hours a day, 7 days a week at (866)-338-7079 or online through our Contact Page to schedule a risk free, no obligation initial case evaluation right away. The initial consultation is free, and you pay nothing until we win your case. Let the skilled attorneys at Walton Law evaluate the facts of your unique case, answer your questions, and help you protect your rights and get the maximum possible compensation so you can focus on your recovery.