Important Information About Trip and Fall Personal Injury Claims
Trip and fall accidents happen due to a dangerous object or condition. The accidents are one of the leading causes of injuries and deaths in California. If you or your loved one has suffered an injury due to a trip and fall, you can sue the property owner.
Most of the trip and fall accidents occur due to the negligence of the property owner. The accidents occur due to not taking reasonable care in keeping the property safe. In the majority of the cases, the victim suffers serious physical injuries. Victims suffer physical and emotional pain due to the injuries.
In this blog post, you will learn about common trip and fall injuries. Also, you will learn about how to file a trip and fall personal injury lawsuit in LA.
Common Trip and Fall Injuries
Individuals can suffer different types of trip and fall injuries. Here are some of the most common trip and fall injuries in LA.
Head injuries can result in serious physical problems. In the legal context, the term for serious head injuries is traumatic brain injuries (TBI). The injuries generally result in permanent or temporary disability. Death can also result in case of a serious head injury.
Majority of slip and fall injuries result in fractures. Most of the fractures occur in the hip and leg areas. The injury generally requires a surgery that can be costly.
Spinal cord Injuries
Spinal cord injuries can also occur due to trip and fall accident. The injury can lead to permanent disability. A person’s vertebrae can get fractured due to a trip and fall accident. Also, the spinal cord discs can get damaged resulting in paralysis.
Prompt medical attention is necessary for the above injuries. If you have suffered a trip and fall injury, you need to request for immediate medical help. Even if you don’t experience pain, you should contact a professional medical expert. This is important since sometimes it takes days for symptoms to become visible.
How to Prove Liability in Trip and Fall Accident Cases?
Determining Liability in trip and fall accident cases in difficult. The burden of proof in a trip and fall injury case lies with the plaintiff. Getting the help of a personal injury lawyer is important.
To prove liability in a trip and fall accident case, you need to prove the following three things in the court.
- The property owner did not take reasonable care in keeping the property safe
- The property owner had the legal duty to care for the injured person
- Trip and fall injury occurred due to unsafe conditions
You need to prove all the above points to get compensation from the guilty party. A personal injury lawyer will assess all the evidence to determine the liability. The attorney will also tell you during the initial consultation if you have a strong case to file a lawsuit.
Comparative Negligence and Slip and Fall Accidents in LA
In California, a comparative negligence rule applies for slip and fall accidents. This rule affects your personal injury case if you were partly to blame for the accident. As per the rule, your compensation amount will reduce depending on your share in the accident.
Comparative negligence compares with the contributory negligence that is applicable in some states. In states with contributory negligence, you won’t receive anything if the party is responsible.
A simple example will help you understand the California comparative negligence rule. Suppose that the jury finds that you are 30 percent responsible for an accident. Also, suppose that your compensation claim is $100,000. In this situation, you will receive $70,000 under the comparative negligence rule.
When Should You Contact a Personal Injury Lawyer?
You must get in touch with a personal injury lawyer as soon as possible. The earlier you contact an attorney, the higher the chances of a successful case outcome.
The reason you should contact an attorney right after an accident is that the evidence will be fresh. Collective evidence will be difficult if you wait months (or worse year) to contact a lawyer.
Make sure that you file a lawsuit within the period mentioned in the Statute of Limitation. As per California Statute of Limitation Sec. 95.11, you can file a case within two years of an accident. You need to file a case within this period otherwise you can’t sue the at-fault party.
An exception to the above is if the injury due to a trip and fall accident was not visible right away. The California Discovery Rule allows a victim to file a case within a year of the discovery of the injury. Suppose that a trip and fall accident occurred in 2016, but you knew about the injury in 2018. As per the Discovery Rule, you can file a case no longer than 2019, or a year after the discovery of the injury.
CONTACT BERNARD & BERNARD ATTORNEYS, PERSONAL INJURY LAWYERS FOR TRIP AND FALL PERSONAL INJURY CLAIMS
Property owners have the legal liability to keep premises safe. A property owner will be liable for any injury that occurs due to failure to maintain the property. The compensation claim covers lost wages, medical bills, and other damages.
Getting the help of Bernard & Bernard Attorneys will save a lot of time involved in gathering evidence. As mentioned earlier, the victim has the burden of proof. You need to show that the injury most likely than not occurred due to negligence of the at-fault party.
Our experienced attorneys will collect all the evidence required to prove liability. Our attorneys will know what evidence can help prove the liability of the property owner. Our attorneys will review the evidence to determine liability in a trip and fall accident case.
Our attorneys will look at economic damages to determine an adequate compensation amount. Economic damages include medical bills, lost wages, and loss of earning capacity. Our lawyers will also assess non-economic damages such as physical and emotional pain. In short, getting the help of Bernard & Bernard Attorneys will improve the odds of a successful outcome.