After a slip and fall injury in California, it’s essential to understand the steps to take to maximize the compensation you could recover through a slip and fall injury claim. Failing to take the necessary steps within the two-year time limit provided by California law could significantly impact your case.
What Is a Slip and Fall Injury Claim?
A slip and fall injury claim is a lawsuit or insurance claim filed against a property owner, manager, or insurer after you suffer an injury caused by slipping and falling on their property. Under premises liability law, property owners and managers must keep their spaces safe and free from hazards, like wet floors or uneven surfaces, that could cause someone to slip and fall. Documenting the conditions immediately can help you maximize your insurance claim if you’ve been injured due to their negligence.
For example, if you slipped on a wet floor in a grocery store, the owner could be liable for your injuries. Or if you tripped on an uneven surface in a restaurant, the business could be liable for not adequately warning patrons of the hazard.
What You Must Prove in a Slip and Fall Claim
When seeking compensation for a slip and fall injury in California, you must prove that the property owner’s negligence caused your injuries. This involves showing that they knew or should have known about the hazard and failed to take reasonable steps to remedy or warn you about it, resulting in the incident.
Returning to the example of slipping in a grocery store, store owners should know that wet floors in freezer aisles are a common hazard. Because of this, they should regularly check for puddles, clean them up when they appear, and use wet floor signs to warn customers while the area is drying.
In addition to proving that the property owner’s negligence led to your injuries, you must demonstrate that you suffered compensable injuries. This means having medical records to back up your claim.
Steps to Take After a Slip and Fall
After a slip and fall, taking the proper steps to protect your right to seek compensation is essential. These steps include reporting the accident, collecting the necessary evidence, tracking medical bills, avoiding speaking to the insurance company, and consulting a lawyer.
Report the Incident and Seek Medical Treatment
The first step is to report the incident to the property owner and seek medical treatment. When reporting the incident to a business, you should request that they file an incident report and provide you with a copy to file a lawsuit.
Seeking medical treatment is also crucial, not only for your well-being but also for your medical records. When you seek treatment, your doctor will add your diagnosis, prognosis, and treatments to your medical records, which you can use to prove the severity and extent of your injuries.
Collect Evidence and Document the Scene
The next step is to collect evidence from the scene by taking photographs of the property hazard that caused you to slip and fall, gathering eyewitness contact information, and noting the time and date of the incident. A slip and fall lawyer can also help you seek other forms of evidence, including security camera footage.
Track Medical Bills and Your Recovery
Tracking your medical bills is crucial for calculating your losses. When determining the value of your claim, your lawyer will add up your medical bills and other financial losses related to the accident. If you don’t keep track of these bills, you may lose out on compensation.
It’s also a good idea to track your recovery by taking photographs of your visible injuries over time and writing down your daily pain levels. This can help show that your medical treatments are working and that the at-fault party should be liable for covering the costs.
Avoid Speaking to Insurance Company Representatives
Insurance companies always want to reduce the compensation they owe to claimants. One common tactic they use is to request a recorded statement from victims. You should avoid speaking to insurance company representatives because their job is to get you to say something they can use to devalue your case.
California has a pure comparative negligence law. Under this law, a plaintiff’s compensation is reduced in proportion to their degree of fault for the accident that injured them. Courts are bound by this law, and insurance companies also use it when determining the value of settlements. Giving insurers any reason to suspect you may have contributed to your injuries can reduce your compensation.
Consult a Premises Liability Lawyer
The best way to protect your rights after a slip and fall accident is to consult a premises liability lawyer. Your lawyer can handle all aspects of your case while you focus on your recovery. They’ll investigate the incident to collect evidence supporting your personal injury claim, calculate your losses, file your lawsuit within the deadline, negotiate with the insurance company on your behalf, and represent your case at trial if necessary.
What Compensation Can You Claim?
You can seek economic and non-economic damages through a slip and fall injury lawsuit. Economic damages refer to the compensation you seek for your losses with tangible financial value. Non-economic damages refer to the compensation calculation you seek for your losses with intangible value.
Examples of economic losses include your medical bills, lost wages, and loss of future earning capacity. To calculate your economic damages, your lawyer will add up your medical bills, other bills related to the incident, and the decrease in your income attributable to your injuries.
Examples of non-economic losses include the pain and suffering you experience because of your injuries and the impact your injuries have on your daily life and relationships. To estimate the value of these damages, personal injury lawyers often multiply your economic damages by a number between one point five and five, depending on the severity of your injuries.
Contact Our California Premises Liability Attorneys
If you slipped and fell in California on someone else’s property in Huntington Beach, California, contact DJA Injury Attorneys at (949) 229-7228 for a free consultation with an experienced premises liability lawyer. Our team is here to help you understand your rights and take the first step toward securing the necessary benefits. We’ll review your case, help you identify the at-fault party, and explain the process of seeking compensation through a premises liability lawsuit.