Even though falls from slipping or tripping happen to most people at least a few times in their life, they can be traumatic, terrifying, and bring about life-changing consequences and injuries in the blink of an eye. Though many people can get back on their feet instantly and deal with a bit of residual soreness and a bruised ego, other people can be seriously injured by a slip and fall resulting from dangerous conditions anywhere from an apartment lobby in New York to a Murrieta city street. For example, slip and fall accidents are the leading cause of traumatic brain injury annually according to the Brain Injury Association of California. If you are injured from slipping or tripping and falling as a result of dangerous conditions, you may be entitled to compensation and should consult a Murrieta personal injury lawyer to evaluate your case and understand your options.
Statistics of Murrieta Slip and Fall Injuries
Injuries from slip and fall as well as trip and fall accidents are common and often result in long-term physical and financial injuries for the victim. Every year over 7 million Americans require hospital visits because of slip and falls, and these accidents are the most common reason Americans miss work. In Murrieta alone, over 2,200 service industry employees work in over 50 full-service restaurants – high risk considering 60 percent of service industry injuries slip and falls. Additionally, numerous grocery stores, superstores, and retail establishments exist in Murrieta, where the high traffic volume only increases the injury risk from slip and fall accidents.
How Do Slip and Fall Claims Happen?
Slips or trips and falls are under premises liability – the theory a property owner or caretaker has the legal duty to exercise reasonable care to ensure the premises they own or control doesn’t have any hazardous conditions. The premises can commercial, residential, or public property. Liability, however, only arises if the accident and victim’s injury occurred because of negligence. However, if a dangerous condition is so obvious a reasonable person would have recognized and avoided it then the condition does not qualify for recovery under slip and fall personal injury claims.
Common actionable causes of slips or trips are:
- Faulty railings;
- Broken or uneven stairs;
- Cracked, missing tiles; and
- Slippery or uneven floors.
Don’t accept the argument that you should’ve seen and dodged the condition causing your accident. Instead, speak with a Murrieta attorney skilled in slip and fall representations to understand your options, receive professional guidance, and help you decide on the best course of action.
How Do I Win a Slip and Fall Case in Murrieta?
If you are injured in a Murrieta slip and fall accident, you probably wonder the amount of damages your case may be worth. If you can prove your injuries were another person’s, there are ways to recover damages. A number of injuries result from slip and falls that can require not only emergency medical treatment, but hospital stays, surgery, and rehabilitation or long-term care. Common harms include:
- Dental damage;
- Neck and back injuries; and
- Traumatic brain injuries.
Additionally, victims may also suffer lost income, permanent disability, and physiological impairments. Judges or juries may award different types of damages – some intended to reimburse a victim for their injuries, and some to punish behavior they do not want to see repeated.
Compensatory damages come in two forms during personal injury cases. Economic damages can include lost wages, medical bills, and lost earning potential; these are quantified by concrete records such as receipts, paychecks, and bills. Noneconomic damages, conversely, have no quantifiable value – rather, they are designed to make a victim whole for abstract trauma such as pain and suffering, permanent disability or disfigurement, and loss of consortium.
Victims may also receive punitive damages as a part of the court’s desire to punish reprehensive behavior causing injuries and discourage its repetition. Once a victim must is eligible for a compensatory damage award, if they can show by clear and convincing evidence the injuring party acted maliciously, fraudulently, or oppressively, judge or jury has the responsibility of deciding whether to award punitive damages and in what amount.
What Steps Should I Take If I Was Injured?
If you were the victim of a Murrieta slip and fall accident, you should take several steps as soon as possible to preserve your rights and your health.
Time is not on your side, so it is important not to delay. Slip and falls, a type of personal injury claim, are governed by a 2-year statute of limitations under California law. If you fail to file a suit in court within 2 years from the occurrence of your injury, you are barred from filing suit and can recover no damages.
Get Immediate Medical Help
Even if you believe your fall was minor and no injuries occurred, seek medical attention immediately. Injuries such as traumatic brain injuries can often show symptoms weeks or months after an accident, so a doctor should examine you and determine whether you need further monitoring. Take all medications as prescribed, attend all your appointments, and follow all treatment recommendations. Keep all treatment records and document expenses you incur from medical treatments and lost wages.
Document the Incident
Report your injury to your manager immediately if it occurred at work in order to start the workers’ compensation claim process. If the fall occurred on private property, report it to the owner or manager. If possible, photograph the hazard that caused the accident and collect witness information. Keep records of any reports you receive.
Consult A Murrieta Slip and Fall Attorney
If you have been injured, contact the experienced Murrieta slip and fall attorneys at Walton Law today to protect your health and your rights. You are facing a strict deadline, so you should speak with skilled professionals that have spent years representing clients like you and recovering millions in damages. Contact us 24 hours a day, 7 days a week at (866)-338-7079 or online via our Contact Page to schedule a no-obligation, no-risk initial case evaluation today. The consultation is confidential, and you do not pay until we win your case. Our knowledgeable attorneys will evaluate your situation and work hard to deliver personalized advocacy and give you the best possible outcome from a tragic situation.