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Slip and Fall

San Jose Slip and Fall Accident Lawyers

Have you or someone you love been injured in a slip and fall accident in San Jose? Was the accident caused by someone else’s negligence? If so, you may be eligible to claim compensation through a personal injury claim or lawsuit.

Contact the San Jose personal injury attorneys of OnderLaw, LLC for a free consultation, and let us use our decades of experience to help you get the compensation you deserve. Call (314) 963-9000 today, and get your life back on track after a slip and fall injury.

Do I Need an Attorney for My Slip and Fall Case?

California law does not require you to retain legal counsel to file a claim for compensation, but doing so can bring a distinct advantage and may even increase your chances of success.

Here are some ways hiring an attorney can help with a slip and fall case:

We know injury law. A good attorney doesn’t just write strongly worded letters. We have years of experience in a variety of types of injury claims, ranging from worker’s compensation cases to wrongful death. We are intimately familiar with injury law and the best way to handle claims, and we will bring the full weight of our knowledge and experience to bear on your case.

Insurance companies can be dishonest. When you file a claim for compensation with the responsible party’s insurance company, they will use every trick in the book to get you to drop your claim or decrease the amount of compensation you demand. This includes attempting to convince you that an attorney isn’t necessary for this type of claim or that your injuries are not severe enough to warrant the level of compensation you’re demanding. A good attorney has dealt with these tactics before, and we know the best ways to counter them.

We take on the work. When you hire an attorney, we become the point-person for any and all business relating to your claim. We take the calls from insurance adjusters, we gather evidence and documents to support your claim, and we take the lead on negotiating a settlement. This leaves you with the time you need to recover from your injuries and get your life back on track.

We can file suit. The vast majority of injury claims are handled before either party sees the inside of a courtroom, but in the rare case where an insurance company denies your claim or settlement negotiations reach an impasse, a reputable attorney can assist you in filing a lawsuit against the responsible party in open court. We are prepared to go the distance to get the compensation you deserve.

Why Hire OnderLaw, LLC for My Slip and Fall Case?

OnderLaw, LLC has been helping residents of San Jose and elsewhere across the nation obtain compensation for injuries that weren’t their fault since 2002. We’ve seen it all, and we have the knowledge and skills to help you and your family get past a slip and fall injury and move on with your life.

We believe in providing compassionate, personalized legal counsel to our clients. We will take the time to listen to your story, gather the facts, explain your options, and keep an open line of communication throughout the entire claims process.

We also believe in giving back to our community. We provide charitable support to organizations like Toys for Tots, Lupus Foundation of America, and Parents for Window Blind Safety. We also support MADD, and our founder James Onder has co-authored a book about the dangers of drunk driving and what families can expect after a crash.

The main reason you should choose OnderLaw, LLC to represent you after a slip and fall injury is that we have a proven record of success. We’ve obtained over $3 billion in settlements and awards for our clients. We won’t guarantee a positive outcome for your case, but we will guarantee that we will represent you with the same care, attention to detail, and tenacity that we give all our clients.

There’s no need to take our word for it. Have a look at our Testimonials page to hear from some of our satisfied clients.

Causes of Slip and Fall Accidents

Slipping and falling happens regularly and can have many underlying causes, such as:

  • Wet or uneven floors. According to the National Floor Safety Institute, slippery or uneven floors are a leading cause of slip and fall accidents.
  • Improper footwear. The NFSI states that improper or worn-out footwear is the second leading cause of slip and fall accidents.
  • Lack of training. Many slip and fall accidents occur while on the job. If your employer didn’t provide proper training on how to avoid obstacles at work or deal with hazardous conditions, they may be held liable for your injuries.
  • Bad weather. Inclement weather can cause wet roads, driveways, and sidewalks. An icy driveway or walkway can easily cause slip and fall accidents.
  • Nursing home neglect. People over the age of 65 are statistically much more likely to fall than younger people, and that risk only increases as we age. Falls inside nursing homes are even more prevalent, and since falls inside nursing homes are preventable with proper training and supervision, they are considered a form of nursing home abuse or neglect.

Common Injuries Suffered After a Slip and Fall Accident

Because slip and fall accidents can happen in such a wide variety of conditions, the injuries they cause are equally diverse. Some common injuries from slip and fall accidents include the following:

  • Broken hips
  • Traumatic brain injury (TBI)
  • Lacerations
  • Bruises
  • Torn ligaments
  • Broken or sprained ankles
  • Broken or sprained wrists
  • Spinal cord injury
  • Neck injury
  • Knee damage

What Kind of Compensation Can I Get for My Slip and Fall Case?

You can be compensated for a variety of damages and losses suffered after a slip and fall injury, material or otherwise. The material losses are economic damages, and immaterial losses are non-economic damages. 

Economic damages include the following:

Medical bills. If you were hospitalized or treated by your doctor after your accident, you may be able to obtain compensation to cover the loss. This category includes emergency room visits, hospital stays, prescription medication, medical equipment such as casts or boots, rehabilitation, and therapy.

Transportation. You can be compensated for trips to and from the hospital, the doctor’s office, or therapy sessions, as well as any modifications to your vehicle required after your injury.

Lost wages. If your injury forced you to take time off work to recover or forced a family member to take time off to care for you, you might be able to recover compensation to make up for any wages you have lost or wages you will lose in the future.

Non-economic damages can also be compensated, such as:

Pain and suffering. An injury can cause mental as well as physical damage. Compensation for pain and suffering is designed to cover any intangible losses, such as pain, inconvenience, worry, or lost quality of life after your injury.

Loss of enjoyment of life. If your injury leaves you unable to complete the activities you once cherished, you can recover compensation for the loss.

Proving Negligence in California

In California, to show that someone else was responsible for your injuries, you must be able to provide evidence. Your evidence must prove that someone failed to keep an area they were responsible for free from hazards. You must also prove that the hazard caused you to fall and that the fall caused your injuries. If you can prove those things, you may have a valid injury claim, and you should demand compensation.

California is also a comparative negligence state, which means that you can be found partially responsible for your accident. This partial responsibility is expressed as a percentage and also applies to any financial award you receive. For example, if you slip and fall in your apartment complex stairwell because the safety railing wasn’t secured properly, but it’s later discovered that you were under the influence of alcohol at the time, a judge may decide that you are partially at fault for your injury. In this scenario, let’s say they set your responsibility for the accident at 15%. Any determination of damages the court makes would be reduced by 15%.

California also has a two-year statute of limitations on filing lawsuits for personal injury claims. This means you have two years from the date of your injury to file a lawsuit. If the injury is not discovered until later, you have one year from the date the injury is discovered to file a lawsuit.

Slip and Fall Accident Statistics

Here are some quick stats from the National Floor Safety Institute about slip and fall accidents in the United States:

  • Half of all accidental deaths that occur in the home are caused by falls.
  • Falls are the leading cause of emergency room visits in the country, making up over 21% of the total.
  • The chances of falling increase with each decade of life.
  • 60% of all deaths attributed to falls occur in people ages 75 and older.
  • Over 60% of nursing home residents fall each year.

Call Today for a Free Consultation

If you’ve suffered a slip and fall injury due to another’s negligence, don’t wait any longer. The attorneys at OnderLaw, LLC are waiting to help you get the compensation you deserve. Call us today at (314) 963-9000 for a no-obligation consultation. Don’t let a slip and fall injury determine your future. Call now.

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