What to Do After a Slip and Fall Accident in San Diego

A slip and fall can happen in a flash, but the effect can be quite long-lasting. A wet floor in a shop, a broken step in an apartment or a badly uneven pavement can all result in an injury which will have a significant impact on your life. A relative

If you’re up against these issues, then knowing your options can go a long way to helping you move forward. Understanding personal injury claims and how to preserve evidence can go a long way to helping you make the right decisions. Consulting a slip and fall injury attorney san diego may also help clarify the legal options available after an accident.

Common Causes of Slip and Fall Accidents

Slip and fall accidents can occur in public places, workplaces, residential buildings, and private properties. Some common causes include:

• Wet floors: Spilled drinks, freshly cleaned floors or leaking equipment.
• Uneven pavements: Cracked pavement, raised concrete, and damaged walkways can all lead to people tripping.
• Broken stairs: Loose steps, damaged handrails and poorly maintained staircases all increase the risk of a fall.
• Poor lighting: Dark corridors, stairwells and car parks make it very difficult to see any hazards.
• Loose flooring: Torn carpets, unsecured rugs, and damaged floor tiles may cause someone to lose their balance.
• Missing warning signs: Failure to warn visitors of known hazards may well lead to preventable accidents.

Identifying the cause of a fall is important because it can help establish whether a property owner or another responsible party failed to take reasonable care.

What to Do Immediately After a Fall

The steps you take after an accident can help protect your health and preserve information that may be useful later.

1. Seek Medical Attention

Your health comes first. If you’re experiencing any pain, swelling, dizziness or any other worrying symptoms after a fall then you should get medical help.

Some injuries (e.g. head injuries, broken bones) may not be apparent immediately. Listen to your doctor and keep copies of your medical records, prescriptions and bills.

2. Report the Accident

Tell the property owner, the store manager, the landlord or the building supervisor about what’s happened as soon as possible.

If someone has written an incident report, find out how you can get a copy of it. Also be sure to record the date, time, place and details of your fall for your own records.

3. Take Photographs

If it’s safe to do so take photographs of what caused your accident (wet floors, broken steps, uneven pavement, poor lighting, missing warning signs etc).

Photos taken immediately after the incident can be of considerable assistance as the hazardous conditions may well be rectified or removed very quickly.

4. Collect Witness Information

If there was a witness to your accident, get their contact details. They may be able to describe what the property looked like or what was going on just prior to you falling.

Don’t change any of the evidence and don’t say who you think is at fault. Just write down the facts.

When Should You Consider Legal Assistance?

Not every fall will result in a claim. That said, you may well benefit from getting legal advice if you have serious injuries, if there is a dispute as to liability or if the insurance company is in any way challenging your claim.

A good attorney can look at your situation, explain the California law, help you preserve the evidence and work out what damages you may be entitled to claim.

When researching a slip and fall injury attorney san diego, consider asking about experience with premises liability cases, communication practices, and legal fees. It can also help to understand what documents are needed to evaluate your situation.

Pick an attorney who can explain things clearly. That will help you to understand your options without being rushed or pressured.

How California Premises Liability Law Works

In CA property owners and managers are under a duty to take reasonable care to keep the property safe. The fact that an accident has occurred does not of course mean that the owner is automatically liable.

A claim may require evidence showing that:

• The defendant owned, leased, occupied or controlled the property.
• A dangerous condition existed.
• The responsible party was aware of the hazard or ought to have discovered it.
• The failure to deal with the hazard was what led to the injury.
• The claimant has suffered actual loss.

For instance, a store may need to demonstrate that its staff had sufficient time to locate and clean up a spill. In another instance, maintenance records could show how long a broken stair or a broken walkway had been in existence.

Every case is different and of course the evidence you have will have an impact on whether your claim is successful.

What Compensation May Be Available?

Depending on your circumstances and the law, a slip and fall claim may cover a range of losses.

Medical expenses: These may include emergency treatment, doctor visits, medication, physical therapy, and other reasonable injury-related healthcare costs.

Lost wages: If your injuries have effectively prevented you from working, you may be entitled to compensation for qualifying lost income.

Future medical costs: Some of the injuries will be ones that require ongoing treatment/rehabilitation, which will in turn lead to further costs.

Reduced earning capacity: Serious injury may affect your ability to do your previous job or to earn the same income.

Pain and suffering: In any given case it may cover physical pain and some of the associated emotional distress.

How much you will get is going to be down to a number of factors, including who is at fault, what evidence you have, the severity of the injury, and what you’ve lost. There is no guarantee of any compensation at all.

Dealing With Insurance Companies

Following an accident, the insurer may look into what’s happened and may request statements, photos, medical records, and so on.

Keep copies of all correspondence (letters and emails) and have all your medical bills, receipts and proof of time off work in one place. Be as accurate as possible and read any settlement papers very carefully before you sign.

Be very careful about accepting an early settlement before you have a full understanding of the extent of your injuries and your costs. Once you’ve agreed to a settlement, you may find yourself unable to go back and claim any more for the same accident.

If you’re at all in doubt about an offer then consider getting advice from a properly qualified lawyer prior to making your decision.

Understand California’s Legal Deadlines

California generally allows two years from the date of injury to file a personal injury lawsuit. However, exceptions and special rules can apply.

If it’s government-owned property, then you may in fact be required to file an administrative claim a lot sooner (often within 6 months). The exact rules will of course depend on your particular circumstances.

Missing a deadline can have a very significant impact on your legal options so it’s far wiser to get advice from a proper professional as soon as possible rather than put it off until later.

Conclusion

A slip and fall can have a huge impact on your life in terms of physical, emotional, and financial impact. Getting the right medical care, reporting the incident, collecting evidence and keeping good records will all go a long way to giving you the confidence to deal with it.

If your injuries are significant or it’s not at all clear who is to blame, talking to a qualified attorney can help you understand your options. Every case is different, so you have to make your decisions based on your facts, the evidence, and California law.

This article is for general informational purposes only and does not constitute legal advice.