Monterey Premises Liability Lawyer

The Right Representation for Premises Liability Claims

We can help you fight for your legal rights and negotiate with insurance company adjusters on your behalf to secure favorable monetary compensation in your case. We can also pursue litigation in your case as a secondary option. Our legal team is committed to helping you maximize monetary damages and holding negligent parties and their insurance companies responsible for their negligence.

In one case, we represented an active retired grandmother who was simply shopping at a drugstore when she tripped over a broken floor tile and fell. She suffered several broken bones, and we fought for full compensation of $600,000 for her injuries. This is an example of how seriously we take premises liability claims and the resulting injuries.

For a free evaluation of your situation, please call an experienced Monterey premises liability lawyer from Silva Injury Law today.

Types of Premises Accidents in Monterey

When property owners do not take care of their properties carefully and reasonably, serious accidents may happen, leaving a property visitor needing hospitalization, surgical procedures, physical therapy, and other medical treatment.

Some of the most common occurrences that result from property owner negligence include:

• Slips and falls that occur due to a spill or debris on the floor
• Accidents that occur in swimming pools or on boats
• Accidents that result from staircase defects
• Accidents occur when property owners do not properly secure carpeting to the floor or where flooring materials are defective
• Trip and fall accidents that result from defective concrete or macadam
• Property incidents that occur because of defective or nonexistent security measures on the premises, including lack of security officers or cameras on the property or in parking lots

If you suffered injuries in an occurrence that resulted from a property owner’s negligence, the skilled team of Monterey premises liability lawyers at Silva Injury Law are ready to help you file a legal claim with the premises owner’s insurance company. Our team can assist you with every part of the claim-filing process and help you pursue the highest monetary damage award available in your case.

Potential Monetary Recovery for a Premises Accident

Not every premises accident is the same; consequently, the monetary damages an accident victim may recover will differ from case to case, depending on the circumstances. In general, the more serious your accident and the more debilitating your injuries, the higher the monetary compensation you can recover. Moreover, accident victims who have to undergo significant medical treatment and incur higher medical costs are usually entitled to recover a higher monetary damage award in their case. Premises accident victims may receive monetary compensation via a settlement with the premises owner’s insurance company or a favorable result in litigation. For example, the injured accident victim might take their case to a civil jury or bench trial and receive a sizable verdict or judgment. Alternatively, they can take their case to a binding arbitration hearing, and the arbitrator may award them favorable monetary damages. When negotiating settlement offers with insurance company representatives, it is important to know what constitutes a good offer and what constitutes a bad offer. A “good” settlement offer should cover your related medical expenses and lost income and fairly compensate you for your present and anticipated pain and suffering. Specifically, as part of a personal injury claim or lawsuit arising from a premises accident, you can recover monetary damages for:

Accident-related medical expenses, including the cost of hospitalizations, doctor visits, physical therapy, and medical procedures

• Lost wages, in the event you had to miss time from work to recover from your injuries
• Loss of earning capacity if you had to take a pay cut and switch to a lower-paying job due to your injuries
• Past pain and suffering
• Anticipated pain and suffering, if you suffered a permanent injury in your accident, that is unlikely to get better with time
• Loss of life enjoyment
• Permanent disability or disfigurement
• Loss of spousal companionship and consortium
• Loss of the ability to use a body part, if you suffered a permanent injury, such as spinal cord damage or paralysis
• While not every premises accident victim is eligible to recover all of these damages, our skilled legal team can ascertain which damages you can likely pursue in your individual case. We will then work hard to maximize your monetary recovery and ensure that you become whole again following your premises accident.

Proving Negligence in a Premises Accident

To win a premises accident claim or lawsuit, you will need to prove the legal elements of your claim. Specifically, you must show that the property owner owed you a legal duty of care they violated. You must also demonstrate that this violation caused your premises accident, that you suffered at least one physical injury in the premises accident, and that your injury directly resulted from the premises accident.

The duty of care that a premises owner owes a property visitor depends upon the visitor’s status on the land at the time of the incident. This status may change over time, depending on the circumstances.

First, licensees are individuals who visit another person’s property for their benefit. A social guest, such as a dinner guest, is typically a licensee on someone else’s property. Property owners owe licensees a duty of reasonable care to warn about or repair known dangerous conditions that exist on their premises. They must also remedy the situation or provide the necessary warnings within a reasonable timeframe. Otherwise, they can be liable for the accidents and injuries that occur on their properties.

On the other hand, business invitees are individuals who go on someone else’s property to benefit the property owner, such as shoppers at a mall or shopping center, customers at a store, or diners in a restaurant. Property owners owe business invitees the highest legal duty of care.

Specifically, owners must not only warn about or repair known hazards on the premises but also actively inspect their properties for unknown hazards that might exist. If they encounter an unknown danger, they must promptly warn about it or repair it. Otherwise, they and their insurers will face the consequences if a property visitor suffers an injury while they are on the premises.

Lastly, trespassers are individuals who are present on the premises without the property owner’s permission. They may sneak onto the property at night or enter it at another time without the owner’s knowledge. In most situations, property owners do not owe trespassers any legal duty of care. However, if the property owner is aware of the trespasser’s presence, they may owe the trespasser some legal duty of care.

In addition to establishing that the property owner owed you a legal duty of care in your premises accident case, you must demonstrate that the owner violated that duty somehow.

For example, the property owner might have failed to repair defects on the property, like concrete cracks and spalling, within a reasonable timeframe, presenting a trip hazard to property visitors. Alternatively, a restaurant manager or supervisor might have failed to clean up a food spill within a reasonable period of time, causing a restaurant patron to slip, fall, and injure themselves.

In addition to proving a violation of the duty of care, the premises owner must establish that this violation caused both the accident and their physical injuries. To establish a causal connection between a premises accident and certain injuries, the accident victim’s lawyer may need to retain a medical expert, such as a treating doctor, to testify in the case or draft a medical report.

To a reasonable degree of medical certainty, a medical expert can state that certain injuries about which the accident victim complains resulted directly from the premises accident. A medical expert can also establish that an accident victim’s injuries are permanent in nature.

The knowledgeable and compassionate Monterey premises accident attorneys at Silva Injury Law can help you establish the legal elements of your claim or lawsuit and help you recover the monetary damages you need.

Taking Legal Action to Recover the Compensation You Deserve in Your Case

Our skilled legal team can help you take the necessary legal action to recover monetary compensation from the negligent premises owner or their insurance company in your claim or lawsuit.

Specifically, we can help you:

• File a claim with the insurance company
• Negotiate with the insurance company adjuster handling your case
• File a lawsuit in the court system
• Assist you during the discovery phase of litigation
• Prepare you for your deposition and court proceedings
• Handle your civil court trial or binding arbitration proceeding
• Wrap up your case if you decide to accept the insurance company’s settlement offer

Michael Joe Silva, Premises Liability Attorney

If you sustained injuries in a recent premises accident, you should seek legal help immediately. Reach out to a Monterey personal injury lawyer. The longer you wait to file a claim or lawsuit, the more likely your chances of violating California’s personal injury statute of limitations. In California, accident victims only have two years from the date of their injury to file a lawsuit for monetary damages arising from a premises accident. This statute of limitation is extremely strict, and if you file your lawsuit even one day after the deadline expires, you will no longer be eligible to recover any monetary damages for your injuries.

At Silva Injury Law, our legal team can promptly pursue legal action on your behalf, protecting the statute of limitations in your case and safeguarding your legal right to monetary recovery for your injuries. We can then handle all settlement negotiations on your behalf and represent you in court to get you the fair monetary damages you deserve for all of your accident-related injuries.

For a free case evaluation and legal consultation with a knowledgeable Monterey premises liability attorney, please call us at (831) 471-5060 or contact us online today.

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Testimonial

“I cannot say enough good things about Silva Injury Law. Everyone starting with the front desk were very professional, honest and hardworking. Michael and his team worked diligently to make sure everything went as quickly and as smooth as possible. Silva Injury Law genuinely care about their clients and I would highly recommend them.”

Monterey Office Location

215 W Franklin St #212,

Monterey, CA 93940