Stockton Slip & Fall Lawyers
According to the National Safety Council, falls are the second leading cause of death in the United States, accounting for more than 42,000 fatalities in 2020. Unfortunately, there are many more victims who sustain serious injuries as well, with as many as 6.8 million seeking treatment in emergency rooms in just a single year. Based on this data, it’s safe to say that a slip and fall injury can happen anywhere. However, if you or a loved one sustains an injury due to a negligent property owner, Silva Injury Law is here to fight for you. Contact us today.
What Is Premises Liability?
In short, premises liability cases involve injuries that occur on another person’s property. Typically, this happens when someone encounters a hazard, such as spilled liquid, cracks, wires, etc. If the property owner doesn’t warn the person of these hazards, it’s likely that they will slip or trip & fall, causing serious injuries.
In California, a person may pursue a claim for a slip and fall only if they are legally allowed on the property. This includes both expressed and implied permission, such as spending time at a friend’s house or shopping in a grocery store. In addition, under CIV § 1714 property owners must exercise a duty of care to keep others safe while they are on the property. Whether your injury occurs on public or private property, you may have a case.
The Most Common Slip & Fall Injuries
Slip and fall accidents may not seem serious at first, but they often result in severe injuries among senior citizens or those with physical conditions. Even though it affects these populations more than others, anyone may sustain a serious injury from a slip and fall depending on the circumstances. Some of these injuries include but are not limited to:
- Back injuries, and
- Traumatic brain injuries.
Many of these injuries result in long-term impacts on the victim’s quality of life. That’s why our Stockton slip & fall lawyers fight for the maximum compensation possible for all clients, including both current and future medical expenses.
Causes Of Slip & Fall Accidents
Although slip and fall accidents usually happen in businesses or on public property, they also occur on private property like homes or workplaces. Whatever the case may be, there are several things that might cause slip and falls, including:
- Electrical cords,
- Damaged flooring,
- Broken handrails,
- Poor lighting, and
- Ice or snow.
Despite the prevalence of slip and fall accidents, many of them are preventable. However, many property owners negligently put off repairs or simply don’t take the time to rectify the hazard. If they fail to notify a guest of these issues, there is a good chance that their negligence might cause a fall. When this happens, a victim may pursue compensation from the property owner.
Determining The Value Of Your Case
In slip and fall cases, there are two types of damages that most victims seek: economic and non-economic. Each damage type covers different kinds of losses that a victim may experience as a result of their injuries.
The first, called economic damages, is any financial loss originating from a slip and fall. Basically, anything that results in a bill or monetary cost fits into this category, such as:
- Current and future medical expenses,
- Lost wages during recovery,
- Reduced earning capacity, and
- Property damage.
To calculate these damages, Stockton slip & fall lawyers typically add up all the expenses related to your treatment as well as any earnings you lost from not working. If you happen to have any damaged property due to the fall, such as a broken phone, that’s included as well. They’ll also include any future medical costs you can expect based on your doctor’s diagnosis.
The other type of damage, known as non-economic damages, isn’t as straightforward. That’s because it includes any physical or emotional losses of the victim, which are intangible. So what counts as an intangible loss? Consider how the injury affects your overall quality of life. Does your injury prevent you from participating in your favorite activities? Do you experience chronic pain or emotional distress due to your injury? Essentially, non-economic damages are losses that have personal consequences, like:
- Loss of life’s enjoyment,
- Loss of consortium for a spouse,
- Permanent disability or disfigurement,
- Mental or emotional anguish, and
- Pain and suffering.
Such losses affect everyone differently, so it’s important to consult an attorney about your situation. In some cases, the non-economic damages in a case far exceed the economic losses of the victim.
What Is The Time Limit For Filing A Slip & Fall Lawsuit?
Something to keep in mind is that you have a limited amount of time to file a lawsuit if negotiations don’t lead to a settlement. In California, the statute of limitations for slip and fall cases is two years from the date of injury. If you don’t file before the time limit expires, you forfeit your right to pursue compensation. This is why it’s essential that you schedule a consultation with Stockton slip & fall lawyers as soon as possible after the incident. They’ll help build your case so that it’s ready for trial in case of settlement negotiations fail.
Schedule A Free Consultation With One Of Our Stockton Slip & Fall Attorneys Today
If you or a loved one suffers an injury because of a slip and fall, don’t try to fight the insurance company on your own. At Silva Injury Law, we treat every client like they’re family. We help with every aspect of the case, from collecting evidence to finding the right care for victims. In addition, we work on a contingency fee basis, which means you owe us nothing unless we win your case. For a free consultation with one of our attorneys, call us or contact us online. We proudly serve individuals and families in Stockton and surrounding California communities.
Our experienced legal team also handles other types of personal injury cases, including:
- Auto accidents,
- Dog bites,
- Wrongful death,
- Sexual assault,
- Truck accidents,
- Livestock accidents,
- Motorcycle accidents,
- Product liability,
- Pedestrian accidents,
- Bicycle accidents,
- Drunk driving accidents, and
- Distracted driving accidents.