After a slip and fall accident (often referred to as premises liability accidents), you may be left with injuries, medical bills, and confusion about what to do next. It's not a walk in the park. I’ve been where you are, and I understand how important the legal process is if you are going to move forward. The Legal Guide To Filing a Slip and Fall Lawsuit provides essential steps, legal tips, and strategies to help you seek compensation for your injuries.
This guide will outline every step of a slip-and-fall lawsuit in Los Angeles, so you can ultimately make good decisions that will help you protect your rights.You may have slipped in a grocery store, fallen down on uneven stairs, or slipped on a slippery floor without warning. A Los Angeles slip-and-fall lawyer can help you know what happens next.
Your health and safety are the number one priority. After a fall, even though you feel fine, you should get medical care as soon as possible. Injuries stemming from falls can often exist in severe forms without presenting themselves right away (for example, concussions, internal bleeding, spinal injuries).
Medical records will do two things: they will help with your recovery and be the basis of your evidence. In a lawsuit, medical records formally link the accident to the injury, which is important when supporting your case.
Be sure the accident is documented according to policy. Whether you fell in a retail business, an apartment complex, or a public building, make sure to notify the property owner or manager, and request a written report of the incident.
Get a copy of the report to keep for your records. This step creates a record of the accident and establishes motivation if an injury claim has to go to litigation later.
Gather as much evidence as possible after the accident. Some important evidence can include:
Keep all receipts, medical bills, prescriptions, and documentation regarding work missed. These items will be useful in calculating total damages later.
You may get a phone call from an insurance adjuster soon after your fall, asking for a statement, or proposing a settlement. Do not respond to any request without first speaking to an attorney.
An experienced attorney with premises liability experience will protect you against common pitfalls, like making statements that hurt your case or accepting a lowball settlement offer. The attorney will deal with the other party’s insurance company while you focus on healing.
A slip and fall attorney does much more than fill out paperwork. They are your advocates, from beginning to end. They will help you with:
Case Assessment: Determine whether or not you have a case and whether or not you will get compensation.
Investigation: Collect evidence, hire expert witnesses, and take witness statements.
Proving Negligence: Showing that the property owner failed to provide a safe environment.
Calculating Damages: You can include your medical expenses, lost income, emotional distress claims, and the duration of the damage.
Negotiating Settlements: To get the highest settlement possible from insurance companies.
Taking the Case to Court: If needed, represent you at trial and make a strong argument on your behalf.
An experienced attorney ensures that minor deadlines are met, minor details are resolved, and your case is in the best possible form for success.
If a settlement cannot be reached, your attorney will formally file your (civil) lawsuit to notify the judges of the injuries you sustained. Your complaint will state:
Your name
What caused your injuries
Your asking price for your injuries
Once the complaint is filed in civil court, the defendant is given notice and will have a certain time, set by law, to respond to the lawsuit.
The discovery process is a formal exchange of information between the two sides. This could be:
Written questions (interrogatories)
Document requests, like maintenance records
Depositions, or interviews under oath.
This may allow for any more potential evidence not divulged in the discovery process, to find out what the other side's defenses will be and consequently should help reinforce your position.
This is when both sides will try to settle the case. Your attorney will negotiate with the Defendant (and if you are the Defendant) the Division(s) involved on your side, to ensure you are not forced to settle for less than you deserve.
If both sides reach an agreement, the terms will be put into a settlement, ending your case (unless you break it). If you have not reached an agreement, you will continue down the path to trying your case in court.
If you did not agree on the negotiation table, the case will go to trial. Your lawyer will present all the evidence, cross-examine witnesses, and argue your case before the judge or jury.
They will decide whether the property owner’s acts or omissions were negligent, and whether you are to be awarded damages, and in what amount.
The lawsuit was won, and that is only half the battle. Once you have a settlement or court award, your attorney will assist in making sure you receive your awarded funds. Your attorney will also aid you with any liens or medical bills that need to be paid out of your compensation.
If you slipped on city- or county-owned property, you must file a government claim within six months of the incident. The rules and deadlines are stricter. Get legal advice on this.
Of Course you can. Businesses are required to maintain not only the interior but also the exterior of the premises. If potholes or ice contributed to your accident then go ahead and file your claim.
You may recover for costs of medical bills, lost income, emotional distress, future treatment, and pain and suffering.
Most lawyers will take those cases on a contingency fee basis and only get paid if they win or settle your case. In this case, you don't pay any money upfront as consultation is free.
If the landlord disputes your claim, go ahead and gather as much evidence as possible. Submit pictures, videos, witness statements, incident reports and any damaged personal items. Your lawyer can help you locate surveillance footage or maintenance logs to support your claim.
Slip and fall accidents can leave a person with a life-long physical and financial scar, but you do not have to walk through it all alone. When you know the legal process and hire a qualified attorney, you can hold unjust property owners responsible and obtain the compensation you are entitled to.
You may have been injured on someone else's property anywhere in Los Angeles, don't fear, reach out to LA Injury Lawyers. They have the experience and tenacity to guide you through the whole process, from the first consultation to the last compensation.
NFSI
National Floor Safety Institute
Slip and Fall Quick Facts
Nolo
Slip- and-fall Accidents:
Insurance Coverages and how to make a claim