The insurance company has a legal team to save them money after YOU have an accident. They would rather pay their lawyers than pay you fairly for your injury claim.
Falls happen all the time, and often they are far more than just a bad day. Many slip-and-fall injuries could become a protracted medical ordeal and leave you with lasting injuries requiring surgery and rehabilitation. There is a fine line between an accident and someone else’s negligence that injures you. The responsible party must pay you financial compensation if your fall has crossed that line. First, you must go through a legal process.
A lawyer will always tell you never to delay starting the legal process in your case. In a slip-and-fall case, that rule is even more important. Evidence is everything in a slip-and-fall case; you can lose it even faster than you would in other types of cases when you do not take immediate steps to gather it. An experienced San Diego slip-and-fall lawyer gets to work to investigate your accident and help you build the proof that you need to hold someone else responsible.
Slip-and-fall accidents can happen anywhere that a property owner has acted carelessly. The property owner does not even need to consciously attempt to cut corners. All they need to do is not act when they should have.
Here are some common types of accidents:
Falls are much more serious than many people think. Even though falls happen all the time, there is nothing routine about them. The twisting motion of the fall, or the trauma when any part of your body makes contact with a hard surface, can cause serious injuries.
Slip-and-fall accidens can result in catastrophic injuries, including:
Even an injury that you may think of as more minor is still serious enough when you get the bill for your medical care and deal with the physical effects of it.
Slip-and-fall accidents can occur the moment that you leave your home. If you live in an apartment complex, someone else’s duty to you begins the moment that you step outside your front door.
Here are some common places where slip-and-fall accidents may happen:
In any personal injury case, the responsible party must pay for all of your damages. Slip-and-fall compensation begins with your past and future medical bills, but it goes much further.
Your settlement check or jury award should pay you for:
Your case may be worth more depending on the severity of your injuries. For example, if you have a job requiring physical labor, you may be unable to perform your duties if you have suffered a back or neck injury. If you hit your head, you may be dealing with a TBI that will have permanent effects on you.
You win a slip-and-fall case when you show that the property owner or person in control of the property was negligent. The mere fact that the accident happened is not evidence of negligence. Rather, under premises liability law, you must show that the property owner either did something that created the dangerous condition or failed to act when they should have to fix a dangerous condition that someone else created.
You have the burden of proof in a slip-and-fall case. It can be difficult to meet this burden. You will have the easiest time when there are witnesses who saw you fall or can testify about what the conditions were at the time you fell. However, you could still get financial compensation if you can assemble other evidence proving that someone else was responsible.
In some cases, your lawyer may have to obtain the evidence from the defendant during the course of a lawsuit because the responsible party certainly would not make it easy for you to sue them.
There are three things that you can do after you have suffered an injury that could help your slip-and-fall case:
Slip-and-fall cases are challenging. Insurance companies see so many of them that they are automatically skeptical. Unless you come to the table with compelling evidence, their default may be to deny your claim.
Even if the insurance company is willing to make you an offer, they will go out of their way to minimize the severity of your injuries. They will claim that a simple fall could not have caused such significant damages, knowing full well the harm that many fall victims really suffer.
An experienced San Diego slip-and-fall lawyer could not only help improve your financial compensation, but they may make a difference in whether you even get compensation in the first place.
You cannot afford to waste time if you have been injured in a fall. In a slip-and-fall case, time is money. You should immediately call a lawyer, and the attorneys at DPI Injury Attorneys have a track record of getting results for our clients. We take your legal rights seriously, and we work to protect your interests. Contact us today to schedule your free initial consultation.
… that you are hurting…
… to shoulder that burden alone…
… to be taken advantage of…
You can file a lawsuit because the insurance company does not have the power to act as a jury – only the jury can make that decision.
If the property owner is responsible for the condition, it does not matter the length of time the condition was there – they would be liable for damages.
The homeowner’s insurance would pay the claim. The money would not come from your friend or family member’s pocket.