Carlsbad is a coastal city in the Northern San Diego County, California. The city is 35 miles north of downtown San Diego and is part of the San Diego-Chula Vista-Carlsbad, CA Metropolitan Statistical Area. Many injuries in Carlsbad are caused by a slip & fall and although many of them do not occur from a height, they do involve conditions that are unsafe. The injuries sustained through a slip & fall are compensated by making a legal claim and then recovering damages through a settlement. The settlement provided will cover all damages that are submitted, such as physical injuries and any treatment needed.
Figuring Out Fault
When defining slip & fall, it is considered to be a personal injury sustained from a slip or fall on property that is not your own.
When a slip or fall occurs, it is considered negligence through premises liability. This means the property owner is held legally responsible for any injuries incurred on the property that are seen to be negligent in manner.
Law requires that property owners must use care when the property is being maintained and are legally liable for all injuries that all persons incur while on the property.
Many hazards can cause a slip & fall accident and the circumstances may vary from case to case. During the winter months, the freezing cold, snow, and ice that has accumulated on a walkway, stairs, and parking lot can easily cause a surface to become slick . If insufficient lighting is present, then an individual can easily trip on a curb or in a pothole. Whether you are outside or inside, a stairway that is poorly lit is able to cause a trip on the steps, which could lead to falling down the stairs.
No matter what type of injury case you have, if it involves premises liability, it may be challenging to determine liability. Depending on where you live, the laws may be written differently.
In order for compensation to be obtained, it must be proven that a property owner was at fault. When it has been shown beyond a reasonable doubt, then there is a higher chance that you will achieve the proper amount of compensation.
Slip & Fall Injuries Commonly Seen
It is believed that close to 25% of slips and falls result in injuries involving the head and bones. Although this percentage is very small, it is still alarming because of the amount of dollars lost in lost wages relating to a minor injury.
If a serious injury takes place, such as paralysis, then the costs may become millions.
Commonly seen injuries involving a slip and fall include the following:
Type of Damage You Could Collect
The type of damage you collect will be determined by many circumstances that led to the injury. Also, the negotiations for the settlement may take months prior to agreements being achieved. As you are obtaining treatment, a settlement will always be the way a case is settled. A settlement will also be the first choice for an insurance company because the more they can avoid paying legal fees, the better. Also, your Carlsbad Slip & Fall Lawyer will still be negotiating all the way up to the time of your trial. If a trial is begun, you will need to have everything proven through preponderance of the evidence. This proven state could lead to an award of damages that are both economic and noneconomic in nature.
Damages that are economic in nature include:
Damages that are non economic in nature include:
Although punitive damages can be sought in Carlsbad, they are not seen often in cases involving slips & falls.
Not only that, but you must be able to prove the punitive damages by the evidence you submit.
Determining the Cause
When you need to have liability proven, it becomes an important part of any legal case. For the victim, they may find it difficult to prove if there are no other witnesses.
When the circumstances are right, the liability could land on many different parties when it comes to your personal injury. By retaining a personal injury lawyer, they will get the ball rolling to determine what caused the accident. Once the cause is determined, the lawyer will then begin figuring out compensation.
With many possible causes for slip & falls, the most common are listed below.
When you get a hold of a Carlsbad Slip & Fall Lawyer, they will go above and beyond to find out what happened so that you obtain the proper compensation.
Preventing Slips and Falls
In order to prevent a slip and fall from occurring, there needs to be care taken in the environment that you are in. Below are six steps to take.
1. Maintain Cleanliness
Maintaining cleanliness will help you to avoid any type of slip & fall and help keep everyone safe. When you have poor cleaning habits, then the amount of injuries may increase.
Having a clean and organized area will suggest that safety is in mind and always taken into account in an effective manner.
Maintaining cleanliness needs to be routine and ongoing. It should not be just a part of a daily duty. In order to ensure that cleanliness is maintained, you need to ensure that a few steps are followed.
Develop a process to maintain cleanliness as your routine.
Be ready with what you need to do to keep safe.
Create a cleaning schedule.
2. Be Aware of Wet Floors
As you are walking around indoors and outdoors, be aware of your surroundings so that you do not slip from water on the ground or floor. Areas that will be wet involve a parking lot, a floor, and sidewalk.
The traction you have will change in an instant when the weather changes outside. The conditions can also have an affect on the indoors as moisture can make its way in as people enter.
Maintaining traction should be a priority and observed at all times by avoiding areas that are excessively wet or dirty, avoid areas that are iced over or covered with snow, avoid areas that do not have non slip preventative measures in place.
If you are indoors, you should be aware of areas that are near an exit, rest room, or kitchen. Ensure that you observe any signs concerning a wet floor, make sure that any spill is cleaned as soon as possible, and ensure to avoid areas that do not have mats or rugs for proper use.
3. Stay Away from Obstacles
Sustaining an injury can be caused by individuals tripping over things that are cluttered in an area. These areas can involve a stairway, entrance, or parking areas having debris.
Ensure that areas are clean and organized as you enter the area. Be sure that you are aware of policies concerning wet areas as well as any clutter around
4. Avoid Areas with Poor Lighting
Walking into an area with poor lighting can cause vision impairment. When you enter a darker area, your eyes need time to adjust and this may be the time when a slip & fall occurs. Ensure that the area is properly lit so that items that are in the way can be avoided or moved out of the way.
Experiencing a slip & fall can be a traumatic experience. Not only that, but you will likely have a lot of unanswered questions concerning what you should do following your injury. When you feel that you need compensation for your personal injuries, there are a few things to know first. Below are a few questions that will help you become more informed in your case.
What needs to be proven in court if you claim a slip and fall injury?
Pursuing a lawsuit for your slip & fall injury requires you to be able to prove that certain elements were met at the time a claim was made. These elements include if a duty of care was established or not, if the duty of care was breached, if the breach was the cause for injury, and if damages are warranted from the injury.
Besides having witnesses, the need for photos will help back up what is described about the accident. This is why it is important to have as many photos taken as possible. If the accident occured in an area that has surveillance video, then it will be important to have that video footage too. Your attorney will be able to view additional negligence.
What is the timeframe to file a slip & fall lawsuit?
The amount of time allowed for filing a slip & fall lawsuit is normally two years. This is also the statute of limitations. When an injury is noticed following the two years, then an additional year is allowed to file once the injury is discovered.
When a slip & fall personal injury claim involves government agencies, then certain restrictions may apply. This restriction may require a shorter time frame depending on the type of injury. A statute of limitation exception involves minors, the insane, prisoners, or if individuals are not in the state. If this is the case, then a delay in the limitations can be granted until the individual is able to file their suit in court. For a minor, they have two years to file as soon as the age of 18 comes around. A prisoner will have two years to file suit once released, and once an insane individual regains their sanity, they will have two years to make their claim.
Get a Hold of an Experienced Carlsbad Slip & Fall Lawyer
When you get a hold of our professional Carlsbad slip & fall lawyer, they will sit down with you and go over the details of your accident with you and discuss your options. They will handle your case with care and concentrate on getting you the compensation that you deserve so that you can get on with your life.
It is important to remember that the statute of limitations is two years from the date of accident, so you should file as soon as possible so that the time does not lapse before you have the chance to file. To avoid any issues involving your claim, get a hold of us today.
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