Did you slip and fall on another person’s property? Was it due to the negligent actions of the owner, an employee, or someone else? If so, you might be entitled to compensation for your medical bills, lost wages, and the suffering you had to endure. The Newport Beach personal injury attorneys at OnderLaw, LLC have extensive experience helping clients pursue legal action through injury claims and lawsuits.
Despite the fact that there are numerous laws and guidelines in place to help ensure that stores, hotels, restaurants, museums, and other properties remain safe for visitors and passersby, serious slip and fall accidents happen every day.
When a property owner does not properly maintain their property, remove hazards, or provide adequate warning of potential dangers, they may be held liable for the injuries you suffer as a result. Whether you fell on a wet floor or fell down a poorly lit stairwell, you deserve to hold the at-fault party accountable for your injuries and losses.
At OnderLaw, LLC, we have the experience necessary to handle all aspects of your case and aggressively fight for justice for you. Call us at (314) 963-9000 for a free consultation with one of our Newport Beach slip and fall lawyers.
What Is a Slip and Fall Accident?
“Slip and fall” is the term used when someone trips or slips on another person’s property and sustains an injury. It is a subcategory of premises liability, which is the type of case you can pursue after a slip and fall accident.
According to statistics from the National Center for Injury Prevention and Control, unintentional falls are the leading cause of non-fatal injury for every age group except individuals between 10 and 24. Over 800,000 people visit the hospital every year after getting hurt from a fall.
Typically, this type of accident is the result of unsafe conditions on the interior or exterior of someone’s property. Common causes of slip and falls include:
- Icy pavement or sidewalk
- Damaged or poorly constructed staircase
- Wet or slippery floor
- Loose rugs, floorboards, or carpeting
- Uneven surface
- Damaged or missing handrails
- Debris or other hazards on the floor
- Inadequate lighting
- Unusual flooring transition
- Mopped or waxed floor
- Obstructed steps
- Parking lot pothole
There are lots of other reasons you could have sustained injuries in a slip and fall accident. Contact OnderLaw, LLC to speak with one of our Newport Beach slip and fall lawyers about the circumstances of your own accident. We will review your case to determine your legal options and help you hold the property owner or business owner responsible for their negligent actions or inaction.
Establishing Negligence After a Slip and Fall
If you want compensation for your losses, you must prove that the owner was negligent. Negligence is the legal theory that someone’s failure to provide a reasonable degree of care led to another’s injury. There are five elements you will have to show existed at the time of the fall to prove negligence:
- Duty – The owner owed you a duty of reasonable care to prevent you from harm;
- Breach of duty – They failed to meet their duty;
- Cause in fact – If it weren’t for their action or failure to act, you wouldn’t have gotten hurt;
- Proximate cause – Their breach was the direct cause of your injury; and
- Damages – You suffered losses as a result.
Just because you fell on another person’s property doesn’t necessarily mean they were at fault. On occasion, an accident is just an accident, and no one is responsible for it. You must establish negligence if you want to hold the property owner or business owner liable. OnderLaw, LLC can take on this part of the legal process, so you can focus on your recovery.
It’s also important to be aware of a negligence rule in California that could negatively impact the outcome of your case. “Pure comparative negligence” reduces an injured victim’s compensation by their percentage of shared fault. For instance, if your total losses are worth $100,000, but a jury determines you were 25% responsible for the accident, you would only be entitled to a maximum of $75,000.
Your attorney will work vigorously to collect evidence that shows the other party was responsible for your accident and that you’re owed full compensation for your injuries.
Compensation You Can Seek After a Slip and Fall Accident
There are two main classes of compensation, or damages, you could receive in your case: economic damages and non-economic damages. Economic damages refer to actual expenses, while non-economic damages refer to the physical and emotional pain stemming from an accident.
When you file an insurance claim or lawsuit, you could pursue any of the following damages:
- Medical bills
- Loss of consortium
- Pain and suffering
- Out of pocket expenses
- Lost wages
- Lost earning capacity
- Physical impairment or disfigurement
- Emotional distress
- Property damage
- Loss of enjoyment of life
OnderLaw, LLC can review your total damages and calculate the monetary value of your case. When negotiating with the insurance company or arguing your case in court, we will fight for comprehensive compensation to cover your past and future damages. Some of the factors we might consider when choosing a fair number include:
- Type of injury and how serious it is
- Total expenses resulting from the incident
- The mental or psychological impact of the accident
- Future estimated cost of medical treatment
- Duration of the recovery period
- Physical or mental disability caused by the injury
- Evidence proving fault
- Amount of insurance coverage on the at-fault party’s policy
In a lawsuit, you could seek a third type of damage known as punitive damages. Instead of compensating for your losses like economic and non-economic damages, this award punishes the at-fault party for their misconduct. To get a jury to determine that you deserve punitive damages, you must show clear and convincing evidence that the defendant’s behavior was fraudulent, oppressive, or malicious.
Why You Should Hire a Newport Beach Slip and Fall Lawyer from OnderLaw, LLC
Insurance companies are for-profit companies that always have their bottom line in mind. They might try to persuade you to a form that prevents you from pursuing the maximum insurance coverage available. If you have a phone conversation with them, you could end up accidentally saying something that they might use to diminish the value of your case.
At OnderLaw, LLC, we know the tricks insurance companies use and will ensure that your rights remain protected throughout your case. We won’t let them take advantage of you or try to scare you into accepting a low settlement amount.
Our legal team will handle each step of your case on your behalf, including those listed below, so you can focus on healing your injury and putting the pieces of your life back together.
Investigation. We will launch a thorough investigation into the slip and fall accident to determine who was at fault.
Evidence. We will use our resources to gather relevant evidence that helps prove you were injured and deserve compensation from the at-fault party. We will work to obtain evidence, such as:
- Eyewitness statements
- Incident/police report
- Security video footage
- Accident scene photos
- Medical records
Determine a case value. We will review every loss you incurred to calculate a fair amount of compensation to demand from the insurance company.
File a claim. Once we receive the owner’s liability insurance details, we will file a claim and submit the evidence we collected. We will do all we can to negotiate a settlement that will cover your total damages.
File a lawsuit. If the insurance adjuster denies your claim or refuses to raise their low offer, we will move forward with a lawsuit.
OnderLaw, LLC Will Advocate for Your Rights
Our Newport Beach slip and fall lawyers know how much you’ve suffered since the accident. If you can’t return to your job, suffer from chronic pain, and worry about the cost of medical treatment, it might seem like this traumatic experience will never end. It can create significant stress and financial strain.
We don’t want to burden you with more expenses. If you hire OnderLaw, LLC, we will take your case on a contingency-fee-basis. That means we won’t charge upfront fees or costs to represent accident victims like you. We won’t collect our legal fees unless and until we win your case. If we don’t win, we won’t get paid.
We have a dedicated and experienced group of Newport Beach slip and fall lawyers who have received recognition from prestigious organizations for their hard work and case results, such as the National Trial Lawyers Top 100 Trial Lawyers, Martindale-Hubbell, Super Lawyers, and the Million Dollar Advocates Forum. We’ve also been featured in multiple publications, including St. Louis Business Journal and Missouri Lawyers Weekly.
OnderLaw, LLC is dedicated to ensuring that our clients receive justice for their suffering. We will fight to protect your rights and secure your future. If you were hurt in a slip and fall accident, call us at (314) 963-9000 to speak with one of our Newport Beach slip and fall lawyers.