Huntington Beach Slip and Fall
Not every slip and fall case is likely to be successful. Generally, a slip and fall case requires that the property owner knew or should have known about the potentially harmful condition. A slip and fall victim must prove that the property owner took no action to detect or correct the condition or to warn visitors of the potential hazard.
The injured party must prove that he or she actually suffered damages as a result of the accident and that the physical injury is consistent with the circumstances of the incident.
Accidents Happen Anywhere
Accidents can happen in both private and public places. The aftermath of a slip and fall incident can lead to harsh economic or non-economic losses. Knowing your legal rights when this happens can give you a stronger case against the liable party.
Be it an insurance settlement or filing a slip and fall lawsuit, your attorney should be able to prove that the other party is responsible for your injuries. Here is how to pursue a trial of this nature:
How a Lawyer Can Help Prove Losses Caused by a Slip and Fall
Several factors can cause slip and fall accidents. You may have missed a step, tripped over your bag, or slipped on something. The attorney needs to figure out the extent of the damages and injuries before they can advise you to file a lawsuit for personal injury. They will assess the scene, explain all the possibilities, and share more information with you.
The laws that govern slip and fall cases may vary from one state to the other. The liability investigation will be conducted under the federal and local regulations to determine if the owner of the property violated any of those laws. If need be, the attorney will work in conjunction with other experts to assess your position in the case.
Your lawyer needs to prove the nature and impact of your injury, as well as other damages to help win a slip and fall lawsuit. It is not just a matter of stating which parts of your body were affected. You still need to prove that the injuries sustained have affected your performance at work.
Whether it caused you to lose your job or a cut from your salary, your lawyer needs to present paperwork indicating your lost income via your employment records.
Information About Your Slip and Fall
Chances of winning the slip and fall lawsuit can also be increased if it has caused pain and suffering in your life. In law, this is a non-economic loss that also deserves a hearing. You need to prove to the court that the pain caused as a result of the slip and fall incident has interfered with your daily routine.
If you are injured due to a slip and fall, you can take steps immediately to make your case stronger. If possible, make a mental note of:
- the exact location of the accident
- the condition of the floor or ground where the accident occurred
Take another mental note of the presence or absence of:
- yellow tape indicating hazardous conditions in the area
If you are able, try to get names and contact information of any witnesses to the incident. Cell phones can be valuable in documenting these situations because you or someone with you can take photographs of the area immediately following the fall.
Preserve Your Clothes
Two other steps that may not come immediately to mind are to preserve the shoes and clothes you were wearing at the time of the incident. Surface testing may be required to show how the actual shoes you were wearing are likely to interact with the surface on which you fell. Your clothes may have stains that can help to identify any liquids that may have been on the floor or ground that may have caused your fall.
You should consider contacting a slip and fall attorney in Huntington Beach as soon as possible after you suffer a slip and fall injury. The attorney may be able to send someone to the scene to take photographs or gather other evidence that may ultimately be important to your case.
Winning a slip and fall case is highly dependent on the preservation and presentation of good evidence to support your claim. Your attorney should be familiar with what you need to increase the chances of winning your case.
How Much Does it Cost to File a Slip And Fall Lawsuit?
A slip and fall lawsuit, just like a personal injury case, operates on a contingency fee agreement. This means that your lawyer can only pursue the case once he is sure that that the incident was not your fault. The amount of evidence they will present will prove that the owner of the building breached the statute or laws governing slip and fall cases in Los Angeles. If you fail to win the case, they do not get any service fees.
Depending on the strength of your case, the owner of the premises or the owner’s insurance company may attempt to settle the case out of court. They may simply be trying to avoid the expense and trouble of a trial, or, in some cases, they may try to offer a low settlement, hoping that you will accept it just to be sure that you receive some compensation for your injury. Your lawyer can be invaluable at this stage.
The owner or insurance company may present their offer in a very folksy, friendly way and portray it as very generous. However, your Huntington Beach slip and fall attorney should be able to negotiate with the other side to get the best settlement for you, one that compensates you for your injury and that is at least as good as what you would likely get if your case went to trial.
Meet the Best Los Angeles Personal Injury Lawyers
Now that you have understood the laws that govern slip and fall cases, it is essential to find one of the best personal injury attorneys Los Angeles. Over the years, El Dabe Ritter Trial Lawyers have continued to help clients who are pursuing personal injury cases. Whether you want a consultation or are looking for someone to represent you, we have you covered. Contact us today to schedule a consultation or get a legal representative for your case.
If settlement negotiations are unsuccessful and your case goes to trial, your lawyer can present the evidence in your favor and put on a case that attempts to prove that you did actually suffer damages as a result of the slip and fall and that the hazardous condition was something that the owner or occupant should have warned visitors about but failed to do so.
The judge will give the jury very specific instructions regarding what must be proven in order to find in your favor. Your lawyer should be familiar with those instructions and present the best case possible to convince the jury that the necessary elements were met. Contact us at 888-540-0325.
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