Injuries sustained in a slip and fall on someone else’s property are the subject of many compensation claims. Anyone who owns or controls property must take reasonable measures to prevent their guests from getting hurt.
When you suffer injuries in a fall away from home, and another party’s negligence is a factor, call a talented personal injury representative at Colvin Accident Lawyers. You may be entitled to pursue compensation for your damages. A Bakersfield slip and fall lawyer can determine whose negligent conduct led to your fall and hold them accountable.
Many slip and fall injuries are relatively minor and heal quickly with no medical intervention; however, even those who sustain minor injuries will likely suffer significant damages from the fall.
The negligent party is liable for the injured person’s medical costs and expenses incurred because of their injury, such as transportation costs and help with household chores. The responsible party is also liable for the claimant’s lost wages and property damage. Often, the injured person’s damages include compensation for their embarrassment, physical pain, temporary or permanent disfigurement, and other subjective losses they experienced because of the fall.
Sometimes, falls cause severe harm, such as spinal cord damage or traumatic brain injuries. An injured person could collect damages for past or future medical expenses, income loss, diminished earning capacity, physical pain, and emotional suffering when a Bakersfield attorney can establish that another person’s negligence caused the claimant’s fall.
Someone who suffers injuries in a slip and fall must prove another party’s negligence to collect damages. The negligent party could be the property owner, occupant, lessee, or manager. Depending on the circumstances of the tripping accident, an experienced lawyer in Bakersfield could bring a claim against several reckless parties.
Proving negligence requires the injured person to demonstrate that the other party knew—or should have known—about a dangerous condition on the property and failed to fix it or warn guests about it. The plaintiff must also prove that the injury was a direct cause of the property owner’s careless actions or inactions.
Medical records are critical evidence in slip and fall cases. It is essential for someone to seek a medical evaluation immediately after a fall, even when they do not experience severe symptoms. While many injuries do not produce symptoms for hours or days after the incident, a healthcare provider knows to screen for them and prevent the patient from sustaining further injuries. In addition, a medical record following a slipping incident serves as proof of the injury.
Consulting a Bakersfield attorney after falling on someone else’s property is advantageous for several reasons: A legal professional could advise whether an injured person has a case for compensation and help them document their damages to support a claim. They also could handle any communication with insurance companies, relieving the injured person and their family of that burden and preventing inadvertent admissions of responsibility.
Seeking legal help quickly also preserves the claimant’s rights. California Code of Civil Procedure §335.1 allows an injured person two years to file a lawsuit after a fall. Although most cases settle without the need to go to court, the threat of a court case is effective leverage that can initiate a reasonable settlement. If the time to sue has passed, negligent property owners have no incentive to make an acceptable settlement offer to an injured person.
When the fall happens in a public space or on government-owned property, the claimant must notify the responsible government of their claim in writing within six months of the incident. Failing to do so could hurt the plaintiff’s right to sue.
Slip and falls cause pain, embarrassment, and inconvenience at best and could cause permanent and life-changing disabilities at worst. It is crucial to hold property owners liable when their failure to maintain safe conditions causes an injury.
A Bakersfield slip and fall lawyer could provide the legal assistance and support you need to obtain a reasonable settlement after your fall. Schedule a consultation with Attorney Donald Colvin to discuss your situation.
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