Slipping and falling can leave you physically hurt, emotionally exhausted, and financially strained. At Berg Injury Lawyers, we have years of experience handling slip and fall accident cases in Sacramento. We understand the impact these accidents can have on you and your family, and we’re committed to helping you every step of the way.
Below, you’ll learn about the role a lawyer can play in your case, how to establish who is at fault for your injury, the potential value of your slip and fall injury claim, and the vital steps to take post-accident.
If you need legal help after suffering fall-related injuries in Sacramento, contact Berg Injury Lawyers today.
Why You Need a Slip and Fall Attorney
After a slip and fall accident, you might feel overwhelmed and unsure of what to do next. This is where a slip and fall attorney can step in and provide much-needed guidance.
An attorney who specializes in these types of cases has a thorough understanding of the laws and regulations surrounding slip and fall accidents. They can evaluate your case, gather the necessary evidence to prove the negligent party’s liability, negotiate with insurance companies, and ensure all necessary paperwork is filed correctly and on time.
Proving Liability in Slip and Fall Cases
Slip and fall accidents on someone else’s property can lead to serious injuries, and they concern an area of law called “premises liability.” To receive compensation for a slip and fall injury, you must prove the property owner was negligent and liable. This requires showing they failed to take reasonable steps to ensure the premises were safe.
Below are some ways that liability may be established:
- Documentation of the Accident Scene: If you’re able to do so, take photos and video of the area where you fell as soon as possible after the incident. Capture the potential slip and fall hazards like water, clutter, cracked floors, poor lighting, missing handrails, etc. Also photograph any injuries you suffered during the fall.
- Witness Statements: Accounts from anyone who saw the fall and conditions beforehand are invaluable. Their perspectives could help identify hazards the property owner overlooked.
- Premise Records: Maintenance records, safety logs, inspection reports, and other documents may reveal the property owner’s awareness of risks and their inadequate response. Slip and fall attorneys can help access these records.
- Safety Standards: Research of industry codes, manufacturer guidelines, statutes, and other standards for slip-resistance, lighting, housekeeping, etc., can reveal violations.
- Experts and Specialists: Engineers, OSHA experts, or other professionals can provide opinions about design flaws, hazards, compliance issues, and causation. Their reports can strengthen your claim.
- Medical Records: All treatment notes, test results, expenses, and other medical documentation related to the injuries help prove damages, as well as a link to the original accident.
By conducting thorough evidence gathering, slip and fall attorneys lay the foundation for proving liability in a slip and fall.
Understanding the Potential Compensation of a Slip and Fall Claim
There are several key factors that can affect how much compensation a person may receive for a slip and fall injury claim.
Here are some of the main considerations:
- Severity of Injury: More severe injuries that result in ongoing medical treatment, lost wages from missing work, and lasting impacts warrant higher compensation than minor injuries. Significant injuries like head trauma, spinal injuries, or those requiring surgery often lead to larger settlements.
- Percentage of Fault: California is a “pure comparative negligence state,” meaning a victim’s award may be reduced by his or her own percentage of fault. This also means the degree to which the property owner or manager is at fault impacts compensation. If they failed to address a clear hazard or violated safety codes, liability is clearer than if factors outside their control contributed, and the resulting settlement may be larger.
- Medical Costs: Verifiable current and future medical expenses attributed to the accident factor into the worth. Bills, treatment records, medication costs, and prognosis from doctors help substantiate medical costs.
- Lost Income: The temporary or permanent loss of wages due to injury can be included in a claim. Supporting documentation like pay stubs, employment records, and payroll accounts help confirm lost income amounts.
- Pain and Suffering: Compensation for pain, emotional distress, loss of enjoyment, and reduced quality of life is possible in slip and fall injury claims. The severity and longevity of impairment shapes the amount.
Thoroughly investigating and documenting these factors help to build a strong case when seeking fair compensation in a slip and fall claim. It’s important to consult with a skilled Sacramento slip and fall lawyer to accurately assess the worth of your claim.
What to Do After a Slip and Fall Accident
Knowing what to do after a slip and fall accident is vital. Here are key steps to take immediately after slipping and falling to protect your health and your right to compensation:
- Seek Medical Attention: This should be done as soon as possible, even for seemingly minor injuries. Medical records from shortly after the accident occurred can help prove the origin of injuries that may worsen later. Be sure to follow all treatment recommendations from your doctor.
- Report the Accident: Notify the property owner or manager immediately and submit an incident report. Get a copy of the report for your own records.
- Document the Scene: Take photos and video capturing the slip and fall hazards present (i.e. water, poor lighting, worn floors, missing handrails, etc.) as well as any visible injuries.
- Get Witness Information: Talk to witnesses and request their names and contact information for later statements.
- Gather Evidence: Keep any photographic evidence, incident reports, repair invoices, medical records, etc. Don’t throw away shoes, clothes, or other items damaged in the fall.
- Consult an Attorney: Speak with a slip and fall lawyer as soon as possible.
Choose Berg Injury Lawyers in Sacramento
If you or a loved one has been hurt in a slip and fall accident, it’s crucial to consult with a Sacramento slip and fall lawyer who can guide you through the legal process while you focus on healing from your injuries. Berg Injury Lawyers is ready to assist and help protect your rights. Contact us today to schedule a free consultation. With our No Fee Guarantee®, if you don’t win, you pay nothing.
