SHOULD I GET A LAWYER FOR A SLIP-AND-FALL?

Unintentional injuries affect millions in the United States each year, and one of the primary reasons for these unintentional injuries is falls. Injuries from falls can affect people of all ages. In 2020, 211,741 — 18% of those injured in workplace accidents — suffered injuries from slips, trips, and falls. Injuries from falls are the leading reason people seek treatment in emergency rooms, accounting for over 21% of all ER visits.

You may wonder if you have a reason to seek compensation after a fall and whether you should get a lawyer for a slip-and-fall claim. Understanding your legal rights, how to determine who’s liable for your injuries, and what a slip-and-fall attorney does will help you understand why you should discuss your case with a slip-and-fall lawyer.

If you have been injured in a slip-and-fall accident, let Sette Law help you.

FACTORS THAT DETERMINE IF YOU HAVE A SLIP-AND-FALL CASE 

The location of your slip-and-fall accident is critical in determining if you have legal grounds to pursue a claim. Slip-and-fall accidents can occur in public places like gas stations, hotels, restaurants, or private homes. Proving a case against a business or property owner involves proving that they knew there was a safety hazard on their premises or should have known about the hazard.

Suppose you go to a grocery store. Water from a damaged water pipe is on the floor. You lose your footing, slip on the wet floor, fall, and suffer a head injury. The store management would be liable if they knew about the damaged pipe and took no steps to repair the leak.

However, if the store management can prove they just learned about the leak, contacted a plumber, and put up signs warning customers about the wet floor, they may not be liable for injuries.

You may or may not have a case if you had an accident in your home. Suppose you recently had a company install a new carpet in your home. The carpet wasn’t installed correctly, causing you to slip and fall. You may have a claim against the installation company.

Since the circumstances of each slip-and-fall case vary, consulting a slip-and-fall attorney can confirm whether someone is liable for your accident.

ESTABLISHING LIABILITY FOR THE SLIP-AND-FALL INJURY 

Liability for accident injuries stems from negligence. Our society operates on a social contract, expecting people to act like most reasonable people would under the same circumstances. When people fail to meet that standard, it can support a negligence claim. When you can prove negligence, you establish the negligent party’s liability.

In some cases, a liable party may be guilty of gross negligence. Gross negligence refers to taking reckless actions that the party knew increased the risk of harm to others. Suppose grocery store workers wanted to make a colleague slip. They sprayed water on the floor and left it there, hoping their target would walk on that section of floor and slip. Instead, you slipped on the wet floor. You would have a case against the at-fault parties for gross negligence.

However, your premises liability claim could be impacted by your legal status when you’re on the property. A person invited onto a property may have more rights than someone trespassing on the same property. However, property owners or managers may sometimes be liable for trespassers.

Suppose you own a home beside an alley near a school. Students routinely leave the alley and cut across your front lawn on their way to school. Suppose you know people regularly trespass on your property and take no steps to stop them. In that case, you may be liable if they slip and fall on your property.

HOW CAN AN ATTORNEY HELP ME IF I HAVE BEEN INJURED IN A SLIP-AND-FALL ACCIDENT?

You may not think you have a legal claim for your accident, but there are several reasons you should contact a slip-and-fall attorney to discuss your case.

CONFIRM YOU HAVE A CASE 

Your slip-and-fall attorney will confirm that you have legal grounds for a claim. When you call a lawyer for a consultation, they’ll listen to your story, ask critical questions, and explain your legal options. If they hear enough to believe you have grounds for a lawsuit, they’ll explain the next steps to take if you want to seek damages.

INVESTIGATE AND GATHER EVIDENCE 

The slip-and-fall lawyer you hire will investigate your accident. They’ll seek video footage, accident scene photos, and accident reports. Your attorney will review witness testimony and depose witnesses. They’ll also review any other relevant evidence that verifies your accident’s circumstances. Your lawyer can also subpoena business records that could support your claim.

CONFIRM WHO IS LIABLE 

Your lawyer will use the information from their investigation to verify who’s liable. Suppose the property managers hired a company to wax the floors. That company left products on the floors, which made them slippery, and didn’t post warning signs. In that case, you may have a claim against the company that waxed the floor instead of the property owner or manager.

Clarifying your accident’s circumstances ensures the proper party is held liable when you file your claim.

HELP YOU CALCULATE DAMAGES TO SEEK

Your claim may compensate for costs stemming from your injuries, such as medical bills. However, injury claims can include compensation for actual costs, financial losses, emotional harm, and the injury’s impact on your personal life. Your attorney will ensure you understand the basis for all economic and non-economic damages and include all relevant costs when calculating damages.

Economic damages cover actual costs and financial losses, and grounds for economic damages include the following:

  • Childcare costs
  • Final expenses
  • Home and yard maintenance
  • House cleaning bills
  • Job retraining expenses
  • Lost wages
  • Medical bills
  • Personal care costs
  • Property damage
  • Transportation costs

Lost wages and medical bills can include future expenses and losses. Suppose you can’t work because of your injury, and your doctor says you’ll need multiple surgeries over the next two years. Your attorney can help you calculate those medical expenses and future lost income while you cannot work.

Victims receive compensation for the emotional and mental toll of their victim’s injuries from non-economic damages. Reasons for non-economic damages include the following:

  • Anxiety
  • Depression
  • Grief
  • Loss of enjoyment of life
  • Loss of intimacy
  • Pain and suffering
  • Post-traumatic stress disorder

You may also have grounds for a punitive damages claim. Punitive damages apply to cases where gross negligence caused the injuries. Your legal team will review the evidence gathered during their investigation to confirm if there are grounds for punitive damages.

NEGOTIATE WITH INSURANCE COMPANIES

Victims engage in settlement negotiations with the at-fault party’s insurance company to avoid going to trial. During these negotiations, your attorney will use the information from their investigation to support your claim for damages. Approximately 95% of all claims end in a settlement. Settling is the fastest way to get the compensation you deserve. Your attorney will explain all settlement offers to help you determine if and when you should accept an offer.

TAKE YOUR CASE TO TRIAL

Some insurance companies refuse to negotiate settlements, and some may refuse to make a fair offer. California also has shared liability, which means your attorney may negotiate with several insurance companies who dispute their clients’ percentage of liability. Suppose your attorney is unable to secure a fair settlement during negotiations. In that case, they’ll present evidence supporting your claim in court and seek a judgment against the at-fault parties.

HOW MUCH DOES IT COST TO HIRE A SLIP-AND-FALL LAWYER?

Slip-and-fall lawyers charge contingency fees, a percentage of the settlement or judgment you received, plus expenses. Prospective clients also receive free consultations. You do not need to pay a penny to consult or hire a slip-and-fall lawyer.

No obligation consultations and no fee unless you recover damages.

BENEFITS OF HIRING AN ATTORNEY 

Hiring a slip-and-fall attorney to handle your injury claim offers multiple benefits, including the following: 

  1. Your attorney will ensure you take appropriate steps after a slip-and-fall accident. You can consult an attorney at the accident scene, who will explain what to do to protect your legal rights.
  2. Victims typically receive larger settlements when they hire an attorney
  3. You can focus on your recovery instead of trying to figure out how to file a claim yourself
  4. You’ll benefit from the peace of mind that comes from knowing your claim meets the state’s legal requirements and that professionals are gathering relevant evidence to support it

THE STATUTE OF LIMITATIONS FOR SLIP-AND-FALL CASES 

California gives slip-and-fall victims two years to take legal action. This means you must file your claim at most 24 months from the date of your accident. Your attorney will prepare the legal paperwork, file your case, and have the defendant served before the statute of limitations expires.

LET SETTE LAW, SACRAMENTO’S PREMIER SLIP-AND-FALL LAWYER, HELP YOU 

Sacramento-area residents can turn to Sette Law for help with their slip-and-fall claims. We will handle the investigation and legal paperwork required to pursue your claim, allowing you to focus on getting the medical care you need. We’ll explain each step in the claims process and ensure you know your options so you can make informed decisions about your case. We fight for the at-fault party to be held responsible for your injuries and aim to get you the maximum compensation available.

SOURCES:

Injuries and Violence Are Leading Causes of Death. (2023).

Johnson, J. (2022). Personal Injury Settlement Amounts Examples (2024 Guide). 

Slip & Fall Quick Facts. (2024). 

Traumatic Occupational Injuries. (2022).