Modesto Slip and Fall Lawyers
Unfortunately, insurance companies have succeeded mainly in trivializing slip and fall accidents. Even the name of the claim takes away from its seriousness. A slip and fall accident is trauma to your body caused by hard impact and unnatural motion from a violent fall.
When you fall, it is not always the result of your actions or lack of coordination. Many falls result from a property owner’s carelessness and lack of attention to their own property that they hold open to you. When you can prove that the property owner did something wrong and it caused your accident, you may be eligible for compensation.
Do not let anyone discourage you from fighting to get what you deserve, most of all the insurance company. They want you to go away because they owe you money when you suffered an injury due to their policyholder. Working with an experienced slip and fall lawyer, you can fight for every dollar you deserve.
Silva Injury Law handles slip and fall cases throughout the Modesto area. We have extensive experience handling these cases, and we know how serious slip and fall injuries can be. We obtained $600,000 for one client who tripped and fell at a drugstore. A broken floor tile led this grandmother and retiree to break multiple bones, and we fought for every penny she deserved. Reach out to a Modesto slip and fall lawyer.
Reach out to learn how Silva Injury Law might help in your case.
Slip And Fall Accidents Can Happen Anywhere
can happen in several contexts. In every case, you must be on the property of another with some degree of permission. You can be a customer in a store or even a social guest. You may be walking up a sidewalk to deliver a package that a customer ordered; regardless of how an accident happens, a fall can cause serious physical injuries.
Although the typical example of a slip and falls that people think of is slipping on something wet, these accidents can happen from:
- Tripping over debris that is left in a walkway or store aisle
- Tripping over a loose string in the carpet or cracks in the floor
- Falling down stairs because of a loose or broken banister
- Slipping on the wet floor when people tracked rain into it
- Falling on an uneven sidewalk
- Falling in a parking lot because there is inadequate lighting
Some locations where slip and falls are common in Modesto include:
- Vintage Faire Mall
- Kaiser Permanente Medical Center
- Mall De Modesto
- Promenade Shopping Center
- Gallo Center for the Arts
- Rainbow Fields
Slip and falls can also happen in hotels, the common areas of apartment or condo complexes, or even on a sidewalk in front of a business.
Who You Can Sue In A Slip And Fall Case
There are many potential defendants who may be responsible for your slip and fall accident, depending on who owned or operated the property.
Potential defendants can include:
- The owner of an establishment that serves the public, such as a store or restaurant
- The city, which has a legal responsibility to maintain sidewalks and walkways in reasonable condition (if you are suing a governmental entity, there are special rules that you must follow, including a lesser amount of time to file your claim)
- A property owner who has failed to maintain their sidewalk or walkway
- A landlord that has left hazards in an area where people walk or has not acted when others created dangerous conditions
- The authority that owns a public facility, such as a bus station or airport
After you have suffered an injury in a slip and fall accident, you should hire an attorney from Silva Injury Law to help you begin the legal process. Your attorney will help determine who was responsible for the accident. You will then work to obtain compensation from them (or their insurance company if they have a policy). However, you can expect the legal process to be a fight from start to finish.
Slip And Fall Cases Present Their Own Unique Challenges
While they may seem routine, slip and fall cases are difficult cases to win because:
- Insurance companies are naturally skeptical of slip and fall claims because they see so many of them
- You need to prove what the property owner knew or should have none
- It is difficult to get evidence from the scene of your fall
- There are some instances in which accidents do happen, and the fall was nobody’s fault
- The insurance company may try to blame you for the accident, claiming that you were careless
Insurance Companies Are Tough On Slip And Fall Claimants
The insurance company often takes a hard line in slip and fall cases, forcing you to prove every single element and denying the claim unless there is convincing evidence. However, once you are in a position where you can receive financial compensation, you can receive a significant amount of money.
You should never be talked out of filing a case if you believe you have a legal right to compensation. Always speak to a Modesto slip and fall attorney at Silva Injury Law to learn more about your legal options.
Negligence Is The Legal Standard In A Slip And Fall Case
Like any personal injury case, you will need to prove that the property owner or person in control was negligent. In a slip and fall case, you must show that someone else did something that will be considered unreasonable under the circumstances.
The legal rule in your case depends on whether the property owner themselves created the dangerous condition or whether it was brought about by someone else. If the property owner was responsible for the dangerous condition, they will be liable for your injuries no matter how long the danger lasted.
You May Need To Prove That The Property Owner Did Nothing
The more challenging cases are when someone else caused the danger. The property owner has legal duties they owe you when you are on their premises. One primary duty is to periodically inspect their property and either remedy dangerous conditions or take steps to make you aware of them. Thus, even if someone else caused the danger, the property owner can still be responsible.
In practice, these types of cases can be complex. It can be challenging to prove that the property owner knew about the danger. In these cases, you will argue that a reasonable property owner should have known about the danger because they were obliged to inspect their property.
You have the burden of proof to show what the property owner knew or what they should have known. Even if the property owner would never admit to doing nothing, there are several ways that you can prove what they did and did not know or do.
How To Prove Your Slip And Fall Case
Here are some common ways of meeting your burden of proof in a slip and fall case:
- Obtaining testimony from witnesses who saw either your accident or the conditions in the area at the time you fell
- Pictures from the scene of the accident that can show what caused your fall
- Maintenance logs may show that there was no evidence that the owner adequately inspected the property or took action to fix the problem
- Video camera footage that shows either your fall or the dangerous condition
- Testimony from an accident reconstruction professional
When you hire an experienced personal injury lawyer, you can put yourself in a better legal position. If someone else was to blame for your injury, you should take strong legal action to make them pay for what they did.
Your Legal Options After A Slip And Fall Injury
There are two ways that you can act after you have suffered an injury in a slip and fall accident:
- You can file a claim against the responsible party’s insurance policy
- You can file a lawsuit against the responsible party in court
Many accident victims will begin by trying to deal with the insurance company. They should not expect the insurance company to make it easy for them. If the insurance company denies the claim, you would have no choice but to file a lawsuit in court.
Why You Need A Lawyer To Negotiate The Right Settlement After Your Fall Injury
The insurance company may make you a settlement offer. However, receiving a settlement offer is never really a cause of any type of celebration. Instead, the initial settlement offer lets you know how far you may need to go to reach an agreement.
The insurance company takes the same attitude of minimizing the incident when it comes time to pay you for your injuries. They try to trivialize your fall, claiming that your accident was minor and you were not severely hurt. They intentionally overlook the fact that falls can be serious accidents. The insurance company has a financial motivation to downplay your injuries because it means that they can pay you less.
Slip And Fall Accidents Can Cause Serious Injuries
In reality, you may have suffered a severe and life-changing injury.
Slip and fall accidents can commonly cause:
- Broken bones
- Spinal cord injuries
- Traumatic brain injuries
- Soft tissue injuries
- Cuts and lacerations
- Head and neck injuries
Even what may be described as a “common injury” can be painful and costly to treat. For example, torn ligaments are a slip and fall injury that is anything but routine. These injuries can be even more consequential than broken bones, requiring surgery and many months of rehabilitation.
If you hit your head in the fall and suffer a traumatic brain injury (TBI), you may never be the same again. Many accident victims suffer permanent injuries in a fall, contrary to what the insurance company says.
Some accident victims may require medical treatment for years or even for the rest of their lives. These injuries are the ones that should result in the highest settlements.
Your Damages In A Slip And Fall Case
Your slip and fall accident damages should include the following elements:
- The cost of all your medical care and treatment
- Lost wages that you would have earned from working
- Pain and suffering for the experience that has gone through and will continue to endure
- Permanent scarring and disfigurement
- Embarrassment and humiliation
You can expect the initial settlement offer to be for a fraction of what you will legally deserve. While the insurance company can make a settlement offer, it does not get to control the amount of money you receive. It takes two parties to reach an agreement. If your claim is denied or you cannot reach a settlement agreement, you will need to file a lawsuit in court.
In many slip and fall cases, you are filing a lawsuit against a company that was responsible for the property. The company should have a large insurance policy to cover your damages. However, the insurance company does not want to make good on the claim because they make money by keeping as many insurance premiums as possible.
Why You Need A Lawyer In A Slip And Fall Case
In any slip and fall case, you need a tough lawyer who knows how to get to work quickly. Since a slip and fall case depends exclusively on the quality of the evidence you can gather, you need to have someone get to work fast on your behalf.
Any delays will lead to the loss of crucial evidence necessary to prove your case. If you wait months or even weeks to get started, you could have already lost all the necessary proof.
In addition, an experienced attorney from Silva Injury Law can put pressure on the insurance company, letting them know that someone will hold them accountable if they try to compromise your legal rights to financial compensation when someone else was to blame for your accident. Insurance companies will take your case more seriously if they see that you have hired a lawyer because it means more legal risk for them.
Contact A Modesto Slip And Fall Lawyer Today
At Silva Injury Law, we have earned a reputation among insurance companies for being a zealous and tough adversary. We are under no illusion that we may need to get tough with the insurance company on your behalf when they give you the runaround.
Our attorneys are fighters and legal tacticians who will ensure that you are well-informed about the details of your case. Reach out to a personal injury lawyer.