A common misconception about slip and fall cases is if you are in a business establishment and you were to trip and fall, that immediately it’s the business establishment’s fault. However, this is not always true. The business establishment is responsible for your slip and fall if they fail to meet their standard of duty.
For example, if you are at a store and you are running around on a Black Friday trying to buy as many items as you could on sale and you were to slip and fall, in that situation, is it the store’s fault? Probably not! So, it really depends on whether the store has breached its duty of care before we can say that the business establishment is at fault for your slip and fall.
Another common misconception is that slip and falls only happen to older people. But, the truth is that a slip and fall can occur regardless of your age. A surface that is slippery will not change on account of your age.
What Is the Role of Insurance Companies In a Slip and Fall Accident Claim?
In general, homeowners are going to have insurance. The insurance comes into play when there is a claim that’s made against the policy. Once they are notified the insurance carrier will begin their investigation and make a determination as to liability and coverage. Next, there are negotiations as to the amount of compensation on the claim. If the negotiations don’t work out a lawsuit may be filed and the insurance company would engage an attorney to represent the homeowner to defend against the slip and fall case.
If I fall Because of a Defective Sidewalk, Can the City be Held Liable for That?
The city could also be liable if they are negligent in maintaining public property, and a sidewalk is a common example. So, for instance, if you are walking down the street and the sidewalk hasn’t been maintained and the city is aware of the problem and has done nothing to remedy the problem so that now, you, as a pedestrian, have been the victim of a slip and fall, then the city may be liable.
Is It Harder for Minors and Senior Citizens to Recover from a Slip and Fall Injury?
People at different stages of their lives are going to recover at different speeds. In general, people who are more fit tend to make a faster recovery after a slip and fall injury.
Are My Medical Expenses Going to Get Paid If I’m Injured in a Slip and Fall Accident?
If it’s proven that the business is responsible for your slip and fall, an element of your damages is medical bills. Whatever medical bills you incur because of a slip and fall, they are a part of the damages that we would require that the other party pay because they are responsible for causing the slip and fall accident.
What is the Statute of Limitations for a Premises Liability or a Slip and Fall Case?
The statute of limitations for a personal injury action in the State of California is typically two years. There may be some exceptions, so it’s very important to speak to an experienced attorney who can go over the facts of the situation and determine the correct statute of limitations, because if you miss the deadline, it’s going to have very serious consequences. Once the statute of limitations runs, you are not going to be able to file a lawsuit and pursue your claim.
What Are Some Things People Should Bring When They Meet An Attorney for the First Time After a Slip and Fall Accident?
You don’t want to show up empty handed when you meet with an attorney. So that your prospective attorney can accurately evaluate your personal injury case you want to give as much information as you can, which won’t exactly work if you leave crucial documents at home or at the hospital. Make sure to bring the following documents to your consultation:
1. Medical Records.
If you were injured in any substantive way, you likely sought medical help either from a doctor, clinic, or emergency care facility. In any of those cases, the medical provider should have given you records on what procedures were performed, the cost of your care, and contacts for the medical professionals who treated you. You may need to sign a release to get these records, but you have a right to them.
If you claim expenses related to your injuries that you’ve paid, you need to bring those receipts.
3. Correspondence With the Other Party.
If the person who injured you has sent you voice mails, emails, letters, or even text or Facebook messages, bring a copy or recording to your consultation. This is especially important for any settlement offers.
4. Incident Report.
You may have an incident report associated with your injuries, and you need to give that information to your attorney. You should be able to obtain a police report before you come to the consultation.
5. Insurance Policy Information.
Your attorney can help you determine what is and isn’t covered by your insurance policies, but only if you bring your policy information with you.
Did your accident cause you to miss work or permanently diminish your earning capacity? You need to bring prior pay stubs to allow your attorney to properly calculate your potential damages.
7. Legal-Looking Documents.
You may have been “served” with a complaint by another party or even sent a cease-and-desist notice on a law firm’s letterhead. Make sure to bring these documents as well, as your attorney will want to know why certain parties are suing or threatening to sue you.
Pictures of the accident location, car damage, and your injuries will be valuable evidence for your case.
By arriving prepared, you can give your attorney a better idea of your case and not waste your free personal injury consultation
For more information on Misconceptions About Slip And Fall Cases, a free initial consultation is your next best step. Get the information and legal answers you’re seeking by calling (714) 697-8600 today.