Slipping and falling can leave you physically hurt, emotionally exhausted, and financially strained. At Berg Injury Lawyers, we have decades 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 an Attorney after a Slip-and-Fall Injury
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 in California. 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, including commercial 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 or conditions at the time of the fall are invaluable. Their perspectives could help identify hazards the property owner negligently ignored or overlooked.
- Premises 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 help strengthen your claim.
- Medical Records: All treatment notes, test results, expenses, and other medical documentation related to your injuries help prove damages, as well as link them 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 in Sacramento.
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. For example, 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 makes it extremely important to clearly establish liability. For example, a slip-and-fall victim may be assigned partial fault for not doing enough to avoid the hazard that caused their injury. However, if the property owner or manager failed to address a clear hazard or violated safety codes, they will have a larger degree of fault and the resulting settlement may be larger.
- Medical Costs: Verifiable current and future medical expenses attributed to the accident factor into the claim’s 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 of life, 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 helps 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 at the time of the accident (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.
- Report the Dangerous Building. If you slipped and fell on a dangerous property, it’s important to report it to the proper authorities, as it may not be up to code and could put others in danger. You can report dangerous homes, buildings, and other properties through the City of Sacramento.
Where To Get Treatment for a Slip-and-fall Injury in Sacramento
Slip-and-fall accidents are painful when they happen and can be debilitating in the hours, days, and even weeks after they occur. Because of that, it’s important to get medical attention right away. In Sacramento, injured victims have several options when it comes to getting evaluated and treated immediately after a slip-and-fall, including:
Support Groups for Slip-and-Fall Victims
A slip-and-fall accident can change your life in an instant. Victims may suffer debilitating head injuries or hip or spine injuries that severely limit mobility. These accidents are often far more damaging than commonly believed, and they can result in a lifetime of pain and disability. If you suffered a disabling slip-and-fall in Sacramento, the following support groups can help you recover emotionally and psychologically:
- Head Trauma Support Project of Sacramento
- UC Davis Health Spinal Cord Injury Support Group
- Resources for Independent Living
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.
