Upland Slip and Fall Attorney
When you are out and about running errands, seeing friends, or just taking a walk, the last thing you should have to concern yourself with is the consequences of a bad fall. A slip and fall incident can happen at any time to anyone. If the injury is severe enough, it is enough to cause you a lifetime of chronic pain and ongoing medical costs. Expecting a reasonable degree of care in public is understandable, and an Upland slip and fall lawyer can help you build a case.
Slip & Fall Accidents
Contact Hobbs Law Group 24/7 to schedule a free case review with a personal injury lawyer. You will not pay us anything unless you win.
Finding Fault for a Slip and Fall
When you suffer a slip and fall due to somebody else’s negligent actions, the case you file would be considered a personal injury case. In a personal injury case, you choose to pursue legal action against somebody whose actions resulted in harm. A slip and fall is a common accident that happens to millions of people around the world every day, and some of those accidents are caused by someone else’s mistakes or malicious intentions. In those cases, you should take action.
A slip and fall can be the catalyst that causes you catastrophic injuries that you may never fully recover from, such as a spinal cord injury, a traumatic brain injury, broken bones, or other lifelong medical problems. In order to move forward with a personal injury case after a slip and fall, you are going to have to be able to prove negligence was a contributing factor to your accident. Proving negligence is easier said than done, especially without attorney guidance.
While you do what you can to prove negligence, it’s likely that the insurance company or opposing counsel will try to spin a different story. They will most likely claim that the accident was entirely your fault and that you only fell because you weren’t paying attention to your surroundings. This is why it’s so vital to hire an Upland slip and fall lawyer who can help you gather evidence and prove the other party’s negligent actions. Without evidence, your case may fail.
Proving negligence is essentially proving that your fall was not your fault. At the very least, it was partially caused by someone else who didn’t mop up a wet floor or a store owner who didn’t repair a broken staircase, for example. In order to prove negligence, you must prove the following elements:
- The plaintiff was owed a duty of care from the defendant to some degree.
- The defendant breached that duty of care through negligent actions.
- The breach is what led to harm to the plaintiff.
- The resulting accident was a direct result of the defendant’s actions.
- The plaintiff is owed damages for what they endured.
Statute of Limitations
In order to move forward with legal action against the negligent party, you must first make sure that your case falls within the state of California’s statute of limitations for personal injury claims, which include slip and fall claims. For most cases, the state will give you two years to build your case up by gathering the evidence you need to prove your claim by contacting any witnesses who can attest to the environment.
Additionally, you should also have time to consult with an experienced injury lawyer and file your claim for damages.
In some cases, you may not be able to file your case before two years have passed. If that happens, you should prepare for the possibility that your case gets dismissed, and you lose the opportunity to pursue damages in your case. Building a strong slip and fall case may take more time than you initially thought, so you should start as soon as you can. If you are concerned your case isn’t strong, you should see an injury lawyer for an evaluation and see what they say.
FAQs About Upland, CA Slip and Fall Laws
A: It is difficult to say how much most slip and fall settlements are. Every slip and fall case is different, with every case having its own specific circumstances and factors that make each individual case a unique experience for everyone involved. Since each case is different, every settlement will be different, too.
The settlement will be impacted by factors like your injury severity, the stance of the insurance companies, and whether negligence was a factor.
A: The most effective way to negotiate a slip and fall settlement is to consult with an experienced slip and fall lawyer in Upland, CA and listen to their advice. With a lawyer’s help, you can gather evidence, document your injuries thoroughly, seek out expert witnesses, and work from there. A lawyer’s negotiation skills could be the most decisive factor in your entire case.
A: Slip and fall cases can be hard to win because they involve proving negligence, which can be far easier said than done. It can be difficult to prove that a property owner knew about a pre-existing hazard and failed to properly address it. A good lawyer can help you prepare a strong case by helping you gather as much evidence as you can find that supports your claim.
A: There is no definitive way to tell how long a slip and fall case is going to take in California. Every case has its own details that will impact not just the settlement amount but also how long it will take to get there. If your case is more complicated, you may have to wait longer for a settlement. Factors that will impact a case’s timeline include the amount of evidence provided and how cooperative the insurance company is willing to be.
Reach Out to a Slip and Fall Lawyer Today
Suffering a bad fall can be embarrassing and painful enough without also having to spearhead a legal case on your own. By hiring an experienced Upland slip and fall attorney, you are giving yourself the energy to focus on recovery while making sure that your case is in good hands. At Hobbs Law Group, we can help you build a strong case and gather evidence that proves negligence. Contact us to speak to someone on our team about how we can help you with your claim.
Contact Hobbs Law Group 24/7 to schedule a free case review with a personal injury lawyer. You will not pay us anything unless you win.