15 Questions About Slip and Fall Settlement Answered

slip and fall settlement

Have you ever slipped or tripped, lost your balance because of an uneven road, or even fallen over a misplaced sign at a store? If this happened to you in California, you might be entitled to compensation for your physical, emotional, and monetary damages.

Under California law, property owners are negligent if “that person fails to use reasonable care to keep the property in a reasonably safe condition… [They] must use reasonable care to discover any unsafe conditions and to repair, replace, or give adequate warning of anything that could be reasonably expected to harm others…” (CACI 1001. Basic Duty of Care)

This means, that if you get hurt on someone else’s property because they failed to take care of it, or failed to let you know it could be a hazard, then you are entitled to monetary compensation.

The legal term that describes injuries that are caused because of a fall on the property or premises of someone else is “slip and fall accident.”

Slip and Fall Cases are those in which the injured party contacts a lawyer to help them file a claim against the property owners in order to alleviate some of the damage caused. There are many benefits to hiring a lawyer in these situations instead of pursuing it alone.

Slip and fall accidents account for nearly half of all traumatic brain injury hospitalizations in America, according to the Centers for Disease Control and Prevention (CDC). Slips and falls are the leading cause of head injury in the elderly. Every year, “One out of five falls causes a serious injury such as broken bones or a head injury”, according to the American Journal of Public Health.

If your personal injuries have affected your life, pursuing a Slip and Fall settlement might help you get the medical treatment you need and the money you deserve.

FAQs: Slip and Fall Settlements

What type of damages can I recover from a Slip and Fall case?

You can recover economic damages: medical bills, lost wages, and/or loss of earning capacity. You can also recover non-economic damages: pain and suffering, loss of consortium, emotional distress, scarring or disfigurement.

What counts as a Slip and Fall accident?

Anything that can cause a slip, trip or fall can count. For example, if you slipped on spilled soda in a restaurant, if you tripped over an uneven sidewalk, or even if you hit your head with an unmarked piece of equipment and you fell. Any of these examples can cause a fracture, sprain, and even a head injury.

After a slip and fall accident, what should I do?

Depending on the severity of your injuries, you should call 911 first. Get the medical assistance you require and then try to file an incident report back at the property. If you fell in a store or mall, the security staff should be able to help you fill out the report. If you or someone with you can take photographs, it would help your injury claim as well.

What is an incident report?

An incident report is a document you can fill out that helps establish how, when and where you were injured on the property. It is also evidence that you reported this to the property owner and/or the authorities.

Why are photographs important?

Pictures provide evidence that can help recreate the scene of the accident, corroborate the facts of the case, as well as show how the place looked like at the time of the accident in case it gets changed by the property owners.

What if I fall inside someone else’s home?

After obtaining medical help, you must contact the homeowner, property owner, renter or landlord to apprise them of the situation and file a claim. Although California doesn’t require homeowners insurance by law, most people will have some kind of liability insurance for personal injury on their property.

What if I fall while working?

If you were working or at your workplace, you should report your accident to your superior or supervisor as quickly as possible. With their help, you will be able to file an incident report. You have two options in this case in the state of California. You can try to use the worker’s compensation system, or you can file a personal injury claim. Usually, employees aren’t allowed to sue their employers for work-related injuries, which is why you should contact a personal injury attorney as soon as possible to get medical care and compensation for pain.

What if I fall on public property?

You must file a report with the on-site manager or administrator of the property after receiving medical help. When this happens, you should immediately speak with a lawyer because of the statute of limitations for filing premises liability claims. 

What is the statute of limitations in California?

A statute of limitations is the deadline for filing a lawsuit. In California, any injured party has two years from the day of the injury to make a legal claim. When the accident occurs on public property, the injured party only has six months to file a claim.

What if I feel that the accident was partially my fault; can I still recover damages?

California has comparative fault laws. This means that the victim of an accident can recover damages even if they were partly at fault.

How long do slip and fall settlements take?

It can take from a few months to a few years, depending on a variety of factors. It can take some time to investigate the case and prove liability, for example. Medical treatment can take some time as well, depending on the type of accident and if there are severe injuries or permanent injuries involved.

Do most Slip and Fall Cases get settled outside of court?

Most civil cases do not go to trial. Accident settlements without litigation has become more common because of several factors, like thorough discovery and communication with the insurance adjusters. “By 2002, civil cases were resolved by juries in state court less than 1 percent of the time.”

What questions can I expect from my lawyer?

For a case like this one, you will be asked to remember the accident, the address you were at, if you contacted the property owner or not, and how your medical treatment has been going. This will help determine the extent of damage and what more can be done to increase the value of your injury claim.

What if I receive a low offer for the Slip and Fall Settlement?

Insurance companies’ adjusters will try to lower your Slip and Fall Settlement offer usually. An experienced personal injury lawyer will know the real value of your claim and will reject any offer lower than what you deserve.

Why should I hire Farahi Law Firm to get the best Slip and Fall Settlement?

If you get into an accident, you don’t want just any experienced lawyer. You want the best personal injury lawyer for settlement negotiations. Farahi Law Firm’s team of accident attorneys is composed of the best of the best.

With a proven track record of helping victims get the maximum compensation and their medical expenses and property damage covered, hiring us is in your best interest. We don’t just go for the average settlement, we reach for the highest one possible. Farahi Law Firm has recovered millions of dollars for our clients. 

Contact our personal injury lawyers today for a free consultation of your case at (844) 824-2955. We are available 24 hours a day, seven days a week.