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How Martin Rose Made a Full Recovery – and Earned a $110,000.00 Settlement – with Help from Silva Injury Law
How Helen G. Earned a $600K Trip & Fall Settlement with Help from Silva Injury Law
Stockton Premises Liability Lawyer
Whenever a premises owner does not maintain their property in a safe condition for property visitors, serious accidents may occur, possibly leading to debilitating injuries. Property-related injuries may cause victims to undergo extensive medical treatment, including hospitalization and physical therapy. They may also suffer permanent injuries and complications that lead to ongoing pain and other symptoms.
If you or someone you love recently suffered injuries on someone else’s property, you should seek legal help immediately. A Stockton premises liability lawyer from Silva Injury Law can meet with you to determine if you are eligible to file a premises liability claim.
If so, our lawyers can guide you throughout the claims-filing process and negotiate with insurance company adjusters on your behalf. If your case requires litigation to resolve, we will not hesitate to file an injury lawsuit in the California court system and handle the entire process for you.
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Table of Contents
- Representing Accident Victims in Stockton
- Duty of Care Owed to Property Visitors
- Suffering Injuries in Premises Accidents
- Potential Monetary Recovery for Premises Accident Injuries
Representing Accident Victims in Stockton
Premises accidents might occur in the following locations and many more:
- Safeway or WinCo
- Weberstown Mall or Sherwood Mall
- Lincoln Center
- Costco or other big box stores
- Common areas of condo or apartment complexes
- Hotels
The compassionate and experienced Stockton premises liability lawyers at Silva Injury Law can assist you with every aspect of your premises liability claim or lawsuit.
Our team has recovered millions of dollars in compensation for accident victims, including those who sustained injuries on someone else’s property. We recovered $600,000 for a retired grandmother who tripped and fell in a drugstore, suffering many broken bones. This is only one example of how seriously we take these cases.
We know how to deal with property owners’ insurance companies and get them to take responsibility for the actions and inactions of their negligent policyholders. Our legal team can aggressively fight for your legal rights during every stage of the settlement and litigation processes and work to recover the full monetary damages you deserve. For a free case evaluation and legal consultation with an experienced Stockton premises liability lawyer, please contact our office today.
Duty of Care Owed to Property Visitors
Property owners in Stockton often owe property visitors a high legal duty of care. The duty of care that a premises owner must show a visitor depends upon various factors, including the visitor’s status on the property at a particular time. A visitor’s status may also change during the time period when they are on the property. Common property visitor statuses include business invitees, licensees, and trespassers.
A business invitee is an individual present on someone else’s property to benefit the business owner. Common examples of business invitees include shoppers at a store and diners at a restaurant since these individuals pay an owner for merchandise or food.
Property owners owe business invitees the highest possible legal duty of care. Specifically, a premises owner must take reasonable steps to warn about or correct known dangerous hazards on their property for the benefit of a business invitee. In addition, property owners have a legal duty to regularly inspect their properties for unknown defects or hazards.
If they encounter one of these hazards during their inspection, they must promptly warn about the hazard or repair it within a reasonable time. If they fail to do so and an accident occurs, the property owner or insurance company may be liable for paying the accident victim monetary damages.
In contrast to business invitees, licensees—or social guests—are individuals who are present on someone else’s property for their own benefit. A common example of a social guest is a visitor who goes to another person’s home or apartment for social reasons, such as a dinner or family get-together.
Property owners owe social guests a duty to correct—or at the very least warn about—known hazards that exist on their premises. They must also do the necessary repair work or supply the warning within a reasonable time after becoming aware of it. Failing to do so can result in the property owner or their insurance company being liable for damages if the premises visitor suffers an injury while on the property.
Finally, a trespasser on someone else’s property is an individual who is on the property without the owner’s permission. For example, a child who sneaks onto a neighbor’s property to swim in their pool without the owner’s permission is likely a trespasser. However, if the trespasser is known to the property owner, the property owner may owe them a legal duty of reasonable care to keep the property reasonably safe.
If you or someone you love suffered injuries while visiting someone else’s property, the skilled Stockton premises liability attorneys at Silva Injury Law want to speak with you. Our legal team can go through all of your legal options with you and help you decide on the best course of action for your premises liability case. If you are eligible to take legal action against the property owner or their insurance company, we can assist you throughout that process and take the legal steps necessary to get you the compensation you deserve.
How are Property Owners Negligent?
A property owner is negligent when violating the legal duty of care they owe to a property visitor. For example, the property owner might fail to repair or warn about a defect on the property within a reasonable timeframe.
Premises owner negligence can take several different forms, but some of the most common examples include:
- Slip and fall accidents, where a property owner fails to clean up a spill or slippery surface within a reasonable time period
- Incidents that result from negligent security, where a property owner fails to equip their property with the necessary security cameras or fails to ensure a reasonable security presence on the property, including ample police officers or security guards
- Accidents that result from a property owner failing to repair concrete cracks or spalling on their premises
- Accidents that occur when a property owner fails to maintain their swimming pool or amusement park rides in a reasonably safe condition
- Accidents that result from loose floorboards, defective railings, or improperly secured carpeting or flooring materials
If you believe that your premises accident resulted from a property owner’s negligence, you should contact a knowledgeable Stockton premises liability attorney immediately. At Silva Injury Law, our legal team can immediately investigate the circumstances of your accident and help you take the necessary legal action against the property owner within the appropriate time frame. Our legal team can then pursue a claim or lawsuit on your behalf that seeks the monetary compensation you deserve.
Suffering Injuries in Premises Accidents
Premises accidents often lead to extremely serious injuries that leave property visitors in extreme pain. Several factors may affect a property visitor’s injuries in an accident.
Those factors may include:
- The specific type of accident that occurs on the property
- Whether the accident victim falls to the ground during the incident
- The amount of force, if any, involved in the incident
- The body part or parts affected in the incident
Common injuries that property visitors may sustain in an accident resulting from property owner negligence include:
- Spinal cord injuries
- Paralysis injuries
- Soft tissue contusions
- Whiplash injuries
- Traumatic head and brain injuries
- Internal organ injuries
- Death
If you or someone you love experienced any of these injuries while on someone else’s property, you should quickly obtain medical treatment so that a doctor or nurse can accurately diagnose your condition. After taking the necessary brain scans, MRIs, or X-rays, a medical provider can refer you for any additional medical treatment you may need, such as with a specialist or physical therapist.
In the meantime, the knowledgeable Stockton premises liability attorneys at Silva Injury Law can begin handling the legal components of your claim and help you pursue a favorable monetary damage award in your case.
Potential Monetary Recovery for Premises Accident Injuries
Victims of premises accidents in Stockton can recover various monetary damages, depending upon the seriousness and extent of their injuries.
The total monetary recovery that a premises accident victim sustains may depend on:
- The type of premises accident that occurs
- The nature and extent of the property visitor’s injuries
- Whether the property visitor suffered a permanent injury or injuries in their accident
- Whether the property owner may need to undergo additional medical treatment, such as surgery or physical therapy, in the future
- Whether the property owner had to miss time from work or switch jobs due to their premises-accident injuries
- The insurance company with whom the injured property visitor or their lawyer is dealing
Since every premises accident case is different, the types and amounts of monetary recovery will differ. Generally speaking, the more serious an accident victim’s injuries and the more extensive and costly their medical treatment, the higher the monetary damages they can recover in their case through settlement or litigation.
Potential monetary recovery may include compensation for:
- Related medical expenses
- Ongoing medical care and rehabilitation
- Lifelong care in a nursing home or assisted living facility
- Lost wages
- Loss of earning capacity
- Out-of-pocket expenses
- Emotional distress
- Pain and suffering
- Inconvenience
- Loss of spousal companionship and consortium
- Lost quality of life
- Permanent disfigurement or disability
- Loss of the ability to use one or more body parts
- Wrongful death, if the property visitor suffered fatal injuries in their accident
The experienced Stockton premises liability attorneys at Silva Injury Law can help you maximize your settlement, jury verdict, or binding arbitration compensation by negotiating aggressively with insurance companies and their adjusters. Insurance companies will do everything they possibly can to downplay your injuries’ severity and ensure you receive a fair settlement.
Our legal team can highlight the strengths of your premises accident case by pointing to favorable witness testimony and medical documentation. We can also threaten the insurance company with litigation if they refuse to offer you the fair compensation you deserve.
Filing a Premises Accident Lawsuit for Damages
If the property owner’s insurance company disputes fault for your accident—or if they refuse to offer you sufficient monetary compensation for your injuries—your lawyer can file a lawsuit in the court system on your behalf. Once that happens, the litigation stage of your personal injury case can begin.
During litigation, your lawyer can assist you with:
- Answering written discovery questions from the defense attorney in your case
- Preparing for and attending your discovery deposition
- Engaging the insurance company adjuster in ongoing settlement negotiations
- Representing you at a mediation hearing or settlement conference with the court
- Representing and advocating for you at your civil jury trial or binding arbitration hearing and pursuing your case’s highest possible monetary award.
Call a Stockton Premises Liability Attorney Today
Michael Joe Silva, Premises Liability Attorney
If you recently sustained injuries in a Stockton premises accident, you should immediately see the legal help you need. California premises accident victims only have two years from their accident date to file a personal injury claim or lawsuit seeking the monetary damages they deserve.
If they file their lawsuit outside of this window, the court will prevent them from recovering any monetary damages for their premises-accident injuries. Therefore, you must speak with a Stockton premises liability attorney as quickly as possible.
At Silva Injury Law, our legal team welcomes the opportunity to pursue a favorable settlement offer or litigation award in your case. We can help you focus on the legal aspects of your claim while you focus on seeking the medical treatment you need and fully recovering from your premises-accident injuries.
We can also represent you at all legal proceedings, including settlement conferences, jury trials, mediation sessions, and binding arbitration hearings, and work to recover the full and fair monetary damages you deserve for your injuries.
Let us help you recover the full monetary compensation that you deserve in your case. For a free case evaluation and legal consultation with a knowledgeable Stockton premises liability attorney, please call us at (209) 600-4389 or contact us online today. Reach out to a personal injury lawyer.
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.”
Promoting Healing Through Compassionate Advocacy
We believe that our duty goes beyond achieving large monetary awards for our clients. We strive first to be decent human beings who seek not to stir up fights, but to solve problems.