Modesto Slip and Fall Accident Lawyer
Maison Law Accident & Injury Lawyers Modesto proudly represents slip and fall accident victims throughout the area. Our personal injury lawyers understand how common, yet impactful these accidents and their resulting injuries can be. To learn more about your legal options, contact us today for a free, no-obligation consultation.
When Would You Need a Lawyer?
A slip and fall accident is difficult for a number of reasons. Not only can they leave you facing injuries, but because they can happen anywhere at any time, they also raise questions about what your options are and who is responsible.
When it comes to the legal process, you aren’t required to have a lawyer in Modesto. In fact, if your injuries are minor, you probably don’t need to worry about taking legal action at all. However, when you get hurt in a slip and fall, you have legal rights. It’s here that our team can help you by:
We’ll guide you through the legal process, collecting important evidence and negotiating with insurance companies for a fair settlement. If needed, we’ll assist with filing a lawsuit, represent you in court, and prepare you for trial. Most of all, we just want to make things easier for you and your family, but in order to do that, you have to understand the process.
What is the Claims Process After a Slip and Fall Accident?
Generally speaking, the claims process after a slip and fall accident is going to play out in one of two ways: an insurance claim outside of court or a personal injury lawsuit inside the court system. The path you choose is totally up to you, but our team will be there to inform and support your decision.
If you choose an insurance claim, we’ll help you file a claim with the responsible party’s insurance company, who will launch their own investigation of the incident. At the end of that process, they’ll likely give you a settlement offer, which you can either accept or reject. If you reject it, the next step is to file a lawsuit against the responsible party or parties.
A civil lawsuit in California for a slip and fall accident must be filed within the state’s statute of limitations for injury claims, which is two years from the date of the accident. Once a lawsuit is filed, though, you can potentially recover the following damages as it relates to your injuries:
- Medical expenses
- Lost wages
- Pain and suffering
- Emotional distress
- Repair/replacement costs for damaged property
- Loss of companionship or enjoyment of life
- Punitive damages
Again, every slip and fall case is different and the outcome will ultimately depend on the circumstances surrounding your fall and how your claim holds up throughout the process. It’s also important to remember to be patient, as the claims process can be time-consuming.
Who Pays For My Damages?
A big question you probably have is who pays for your damages in your claim. The answer depends heavily on what actually happened. A slip and fall accident can happen anywhere, but it depends on the circumstances. For instance, if you were in a store during business hours, the establishment has a duty to maintain a safe environment. However, if you were trespassing or in an area restricted to employees outside of business hours, the level of responsibility may differ.
Here’s what you need to consider:
- Why were you there? – If you were somewhere you weren’t supposed to be, the owner might not be fully responsible. But if you got hurt because they didn’t fix a problem they knew about, they could be at fault.
- What did the owner do? – Usually, it’s the owner’s job to make sure their place is safe. If they didn’t do that, they might be to blame.
As such, there’s a number of potentially liable parties that would then have to pay for your damages, like:
- Corporations or store owners
- Property owners or management
- City or state government agencies
- Tenants or landlords
- Contractors or maintenance workers and their companies
- Product manufacturers
- Security companies
Obviously, every accident is different. With that said, it’s important to know how to protect your claim–and your health–in these situations.
How Can I Protect My Slip and Fall Claim?
In legal situations, a slip and fall accident–no matter where it occurs–is seen as a personal injury case. Therefore, there are specific steps you should take to protect your rights and potential claim. Like most accidents, this involves:
- Seeking medical help – Make your health and safety a priority by getting immediate medical care, especially at the scene of the accident. Remember that some injuries, like internal ones or concussions, might not be obvious right away. It’s important to keep copies of all medical documents, including bills and receipts.
- Reporting the accident – One of the most important steps is to report the accident to the property owner, manager, or supervisor as soon as possible. This puts the ball in their court to respond appropriately. You might also want to ask for a copy of the incident report or make one yourself, detailing what happened, where it occurred, and the circumstances leading to the accident.
- Gathering evidence at the scene – Take pictures or videos of where the accident happened and any unsafe conditions that contributed to it. Note the date and time, and try to get the names and contact details of any witnesses.
- Preserving evidence – Keep any damaged clothing, belongings, or shoes from the incident, as they could be crucial evidence for your case. Don’t try to fix or repair them, as they’ll be important for your claim.
What Causes Slip and Falls?
The causes of slip and falls aren’t necessarily that complicated, especially in certain areas of the city. Your specific injuries will determine your damages, but another crucial aspect of these claims is understanding the root causes. Usually, these accidents happen due to:
- Wet or slippery floors
- Inadequate lighting
- Maintenance issues such as broken tiles or pavement
- Blocked walkways
- Lack of handrails
Again, because they can happen virtually anywhere in Modesto, a slip and fall is not something that’s easy to predict. That said, while you can take certain steps to protect yourself, it’s ultimately on the property owner or manager to do things that they’re supposed to do to avoid these accidents.
Frequently Asked Questions
Who’s responsible for a slip and fall?
It depends where it happens, and what caused it. If it happens at a store because they didn’t clean up a spill, the store and its management will be liable.
What if I fall on a sidewalk?
You can still file an injury claim against the city if the fall happened because they didn’t fix the sidewalk.
How long do you have to file a slip and fall claim?
You have two years from the date of the accident to file your claim.
Modesto Slip and Fall Accident Lawyers Can Help You
It’s pretty clear that you don’t go out in Modesto expecting to get hurt in an accident. Unfortunately, a slip and fall is one of the most common types of incidents you’ll face.
At Maison Law Accident & Injury Lawyers Modesto, we’re here to help. We’ll explain your options and what the path forward for your recovery looks like.
To get started, contact us today to set up your free consultation.
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