Sometimes slip and fall accidents are more than just accidents. Sometimes they are the result of negligence. When someone else’s negligence costs you your health and safety, you may be due compensation for your losses.
The Modesto personal injury lawyers of OnderLaw know that a slip and fall accident can have significant and sometimes long-lasting implications, not just for your health but for your financial stability as well. Having an attorney in your corner may be the most effective way to recover compensation for your injuries. At OnderLaw, we have a record of helping victims of slip and fall accidents get the money they deserve from property owners or their insurers.
If you are interested in learning more about how an attorney with OnderLaw may be able to help you seek the money you deserve, contact us today. Our Modesto attorneys are ready to talk with you about your legal options and what we may be able to do to help make things right.
Slip and fall cases aren’t always open and shut incidents. Slip and fall accidents can cost property owners or businesses serious money: money they don’t want to lose. When a victim is hurt in a slip and fall accident, they need advice from an experienced premises liability attorney. An attorney can investigate the accident and gather evidence that can help support a victim’s claim. An attorney can also aggressively negotiate with an insurer, giving a victim the best chance possible at recovering compensation.
The team at OnderLaw has extensive experience litigating and negotiating premises liability claims. We will always communicate with you openly and transparently and advise you about what to expect at every step of the process. We believe this approach gives our clients peace of mind that their claim is in good hands. It also allows them to focus on the task of recovery.
Want more information regarding your potential slip and fall claim? Contact us today for a free consultation. We can review your case and answer your questions about slip and fall claims.
Slip and fall accidents are almost 100 percent preventable. Negligence on the part of property or business owners or managers typically results in conditions that contribute to many slip and fall accidents. Cleaning up a spill, replacing a torn rug, or marking hazardous stairs all seem like small accommodations to make to keep the public safe. Unfortunately, not all property owners take their responsibility seriously.
Even when all safety precautions are taken, sometimes, mistakes can still happen. Some of the most common causes of slip and fall accidents are:
Property owners and property managers are responsible for maintaining the safety of their properties. This responsibility means that they should be liable for compensating victims who are injured on their property because of a slip and fall accident. However, victims are also responsible for demonstrating that the property owner or manager was negligent in their duty to keep the public safe.
In California, every person has a responsibility to behave in a manner that prevents harm to others. When you go to court for a slip and fall lawsuit, you must have evidence to prove that the property owner or manager behaved in a way that created a dangerous situation. You must show that the property owner either caused the dangerous condition, knew about the condition but took no action to fix it, or should have reasonably known about the condition. If these conditions are met, then the property owner may be liable for compensating the victim for their losses.
Then you must prove that the dangerous situation led to your accident and that you were injured or suffered losses in that accident. If you can prove those things with evidence, you probably have a good shot at winning compensation.
According to the National Floor Safety Institute, slip and fall accidents account for over one million emergency room visits in the U.S. every year. They are also one of the leading causes of workers’ compensation claims. Why? Because slip and fall accidents can result in serious and sometimes fatal injuries. The Centers for Disease Control and Prevention list falls as the cause of nearly half of all traumatic brain injury-related hospitalizations. Other injuries that are commonly associated with slip and fall accidents include:
The amount of money you may be able to recover for a slip and fall accident can depend on the severity of your injuries and how the accident happened. Typically, most victims of a slip and fall accident will be able to recover money for their measurable losses and their quality-of-life changes or emotional distress. These are called economic and noneconomic damages. Some of the damages that a victim may be able to recover include:
These damages combined will give you the value of your slip and fall claim. However, there are some circumstances where a victim may not be allowed to recover the full amount. California subscribes to what is known as the “pure comparative negligence” rule. Under this rule, the courts can reduce the amount of a victim’s compensation by the percentage of responsibility they bear for causing the accident. Essentially, if a property owner can convince the courts that the victim was also partially to blame, the victim’s portion of compensation can be diminished. If a victim is 30 percent responsible for causing a slip and fall accident, that victim can claim the total amount of damages minus 30 percent.
Even if a slip and fall case does not go to court, generally, an insurer will use this rule to determine how much a claim is worth. A settlement claim can reflect what the insurer assumes a court would do if the case ever went to trial.
Having an experienced Modesto attorney on your side means that you have an advocate fighting for you. Someone who can uncover evidence and supporting materials that will help build a compelling case in your favor. This evidence gives you the best opportunity to recover the full and fair amount your claim is worth.
When someone is involved in a slip and fall accident, their immediate concern is for their injuries. Rightfully so. When someone is hurt, the last thing they are thinking of is how to strengthen their claim to get the money they deserve. However, the actions you take in the aftermath of a slip and fall accident can impact your claim. As you recover, try to keep these tips in mind:
Seek Immediate Medical Attention. If you have been involved in a serious slip and fall accident, you need to seek medical help as soon as possible. This ensures that you are getting the medical attention that you need while also establishing a medical record of your injuries.
Document What You Can. If it is possible, document the accident while you’re still on the accident site. Take photographs and make notes about the condition of the scene. Try to get the contact information of any witnesses as well. You will also want to preserve your clothing from the accident. Do not wash or alter it in any way.
Make a Report. Be sure to take the time to file an official, written report about the accident. Many businesses have a report that you can fill out and file with a manager. Keep a copy of this report for your records as well.
Contact an Attorney. Talking to an attorney early in the process is in your best interest. An attorney can take responsibility for all communication between the business or the insurer on your behalf. An attorney can also investigate the cause of the accident and begin the process of collecting valuable evidence.
Follow Medical Advice. Getting treatment immediately for your injuries is important. However, equally important is continuing with your recommended treatment plan and following all medical advice.
Stay Off Social Media. It can be tempting to share your story with others and let people know that you are okay. However, resist the urge to talk about the accident on social media. Your words can be found by others, like insurers, and potentially used to damage your compensation claim. All communication about the accident should, ideally, be handled by your attorney.
At OnderLaw, we understand how a slip and fall accident can put a strain on you, both physically and financially. You need help that will ease that burden, not make it worse. The Modesto team of OnderLaw can provide you with support and valuable legal advice that may help ease your worries. That is because we will aggressively fight to protect your rights and seek the compensation that you deserve from a negligent property owner.
Our Modesto slip and fall attorneys are ready to talk to you about your situation. Contact us today to set up a free consultation.