Turlock Liability Lawyer
If a careless property owner injures you, you can usually recover compensation. The law effectively establishes that all property owners in California must maintain their property reasonably safe and warn any guests or visitors about possible open and obvious dangers
If you have suffered injuries on someone else’s property, you should contact a property Turlock liability lawyer immediately.
Our team at Silva Injury Law will review your case for free and let you know whether you have a viable legal claim. Call us today for your free case evaluation.
Handling Complex Premises Liability Claims
If you want to know Silva Injury Law’s record in premises liability claims, consider the case of Helen G.
Helen is a wife, mother, and grandmother of seven who led an active life in Central California until her accident. Helen’s shoe caught on what she later learned was a broken tile while she was visiting a chain drug store, causing her to fall. The accident left her in intense pain, and she had to go to the hospital.
Helen underwent surgery on her hip and had pins and rods inserted, ultimately suffering a broken shoulder and also walking with a limp. Silva Injury Law later learned that the store was aware of the broken tile issue for three years before Helen’s fall but never fixed the problem.
Helen hired Silva Injury Law about one month after her fall, and about six months later, we prepared and filed the initial demand for damages. The following month, the store made an unacceptable counteroffer that led to us filing a lawsuit, with mediation beginning about nine months later and the store eventually agreeing to pay a $600,000 settlement in the case another nine months later.
The timeline of this case works such that Helen’s fall occurred in February 2020, and she obtained numerous medical treatments for the following month. In March 2020, Helen hired Silva Injury Law.
October 2020 was when our firm prepared and filed an initial demand for damages. The following month, the negligent party made an unacceptable counteroffer that led to Silva Injury Law filing a lawsuit.
Mediation between the two sides began in August 2021. On May 5, 2022, the negligent party agreed to pay Helen $600,000.
Types Of Premises Liability Accidents In Turlock
A premises liability accident can happen virtually anywhere in the Turlock area.
Common kinds of premises liability claims often include:
- Slip and fall accidents
- Elevator and escalator accidents
- Stair collapses
- Falling objects
- Negligent security
- Amusement park accidents
- Swimming pool accidents
- Snow and ice accidents
- Inadequate maintenance
- Defective conditions
- Dog bites
- Water leaks or flooding
- Toxic fumes or chemicals
- Ceiling collapses
- Inadequate lighting
- Hotel accidents
- Construction site accidents
California Civil Code § 1714(a) makes every person responsible not only for their own willful acts but also for injuries to other people due to their lack of ordinary care or skill in the management of their property.
This means property owners have a legal duty of care based on what other reasonable property owners usually do under the same circumstances. Whether a property owner breached their duty of care can often depend on factors such as the likelihood of an injury, the location of the premises, whether a property owner knew of a hazardous condition, whether a property owner should have known of a hazardous condition and a property owner’s degree of control over a dangerous condition.
Common locations where premises liability accidents may occur in Turlock include grocery stores such as the Grocery Outlet Bargain Market, Save Mart, and Safeway or hotels such as Hampton Inn, Travelodge by Wyndham, Home2 Suites, and Comfort Suites.
In addition, there are plenty of local bars, such as Cheroot Cigar Lounge, Jams 209 Sports Bar and Grill, Staley’s Club, The Rail, Jams 209 Sports Bar and Grill, and The Udder Place, where people can hurt themselves.
Finally, Turlock has shopping areas, such as Vintage Faire Mall, Monte Vista Shopping Center, Turlock Town Center, Merced Mall, and the Promenade Shops at Orchard Valley, where premises liability accidents can occur.
What To Do After An Injury
The first thing that you should do after a premises liability accident is to seek medical attention. You should always go to a hospital or urgent care center for a complete evaluation, even when you do not think you have suffered an injury. It is always possible that you have suffered severe injuries that do not immediately display symptoms.
Additionally, medical records are enormously important in premises liability cases, and people will want to be sure that their medical records reflect their condition immediately after their accident. Waiting several days or weeks to see a doctor can lead to insurance companies claiming your injury was unrelated to your accident and refusing to compensate you for your injuries.
Even if they concede that your injuries are related to your accident, any delay in seeking medical care can also allow them to argue that you failed to mitigate your damages, which can also hurt your case.
If you are ever in an accident caused by someone else’s negligence, you might consider contacting their insurance company directly. However, we strongly recommend you let an experienced attorney handle communications with the insurance company.
Many insurance companies quickly reach out to victims in these cases and extend lump-sum settlement offers. Unfortunately, these offers are usually very low and designed to close out the case quickly. You don’t want to accept such an offer because it likely won’t be enough to cover all of your losses.
You should find a premises liability lawyer to help you with your injury claim as soon as possible. Trying to navigate this process on your own can be very confusing, and getting the compensation you deserve is important. An attorney can step in and begin negotiating fair and full settlements that will provide real value for you as the victim.
Who Is Liable For A Property-Related Accident?
Fault for a premises liability accident can always vary depending on multiple factors. For example, if you suffered an injury in a mall, exactly where you suffered an injury can make a big difference. For example, if your accident happened in the food court because of a wet floor, you will likely have a claim against the owner of the mall itself. On the other hand, if you suffered an injury in a specific store, your claim will be against the company that leases the space.
Some parties that you can hold liable after a premises liability accident include:
- Owners of commercial property
- Retail companies
- Government agencies
- Property management companies
In some cases, determining who is liable for a premises liability accident is complicated. For this reason, if you have suffered injuries in an accident on someone else’s property, you should contact a lawyer as soon as possible.
Premises Liability Accidents Can Cause Serious Injuries
Premises liability accidents can result in a wide range of possible injuries.
Some of the most common kinds of injuries people suffer include:
- Skull fractures
- Closed head injuries
- Traumatic brain injuries (TBIs)
- Spinal cord injuries
- Crush injuries
- Internal organ injuries
- Permanent nerve injuries
- Traumatic amputations
- Severe burn injuries
- Back injuries
- Knee injuries
- Leg injuries
- Neck injuries
- Arm injuries
- Fractures or broken bones
The nature of a person’s injuries can play a significant role in the amount of money they can recover because medical bills are one of the most common kinds of economic damages in these cases. People can also be entitled to compensation for many other considerations, including their lost wages, property damage, and any pain and suffering or emotional distress.
Seeking compensation for a premises liability claim again involves sending a demand letter to a negligent party, which will usually lead to settlement negotiations. Settlement negotiations can extend for several months because it can take considerable time to get insurance companies and negligent parties to become willing to pay what is necessary in these cases.
If a premises liability case does go to trial, then a person will have to prove by a preponderance of the evidence that a negligent party’s failure to care for their property caused a person’s injuries.
Do Not Wait To Start The Legal Process
California Code of Civil Procedure § 335.1 establishes that people only have two years to file actions based on the wrongful acts of other parties. Even though this can sound like a considerable amount of time to some people, it is a very short amount of time for a person to collect all of the relevant evidence in their case and begin completing the necessary paperwork.
This is not to mention that when the negligent party in your case happens to be a governmental entity, such as your accident occurring on government property, you may only have six months to file a claim. The bottom line will always be that a person needs to get an experienced lawyer involved in their case as soon as possible.
There is a chance that you will be contacted by an insurance company shortly after a premises liability accident. You should avoid making any recorded statement to an insurer or even speaking to them until you have legal counsel because a lawyer will be in a much stronger position to possibly negotiate a settlement in your case and converse with the insurer.
Can You Handle Your Premises Liability Claim Yourself?
You may be wondering whether you should try and handle your premises liability claim on your own. While many legal questions are complicated, this one is simple: always work with an attorney after an injury-causing accident.
The parties to most personal injury claims resolve them out of court by settling the case. Knowing this, some people think, “if my case isn’t going to court, why do I need a lawyer?”
The reason you need an attorney is that the insurance company is not on your side and has a financial incentive to settle your case for as little as possible. In fact, the insurance company will deny your claim entirely if it can figure out how to do so.
The Turlock premises liability attorneys at Silva Injury Law know how insurance companies operate. We know the tactics and tricks they use to get innocent victims to accept settlements below the actual value of their cases. With this knowledge, we can aggressively advocate for our clients’ rights and very often obtain settlements far above insurance companies’ initial offers.
If we cannot get the insurance company to settle for a fair amount, we will not hesitate to take your case to trial in pursuit of the compensation you deserve. Some law firms push clients into settling just to avoid litigation, but our firm will never suggest you accept any less than you deserve. We do whatever it takes to obtain full compensation for your claim.
Contact Our Turlock Premises Liability Lawyers For Help Today
Did you suffer severe injuries, or was your loved one killed in a premises liability accident in the greater Turlock area of California? Do not wait to get Silva Injury Law involved in your case because we have a wealth of experience in these legal matters, and we know how to fight to help people recover all the financial compensation they are entitled to.
Our firm knows all too well how frustrating and challenging it can be for people to get answers when they suffer severe injuries in accidents caused by the negligence of other parties, but we also know how to investigate these cases to get answers and help people understand what they can do to recover following their accidents fully. You can call (209) 308-8924 or contact our Turlock premises liability lawyers online for your free consultation. Reach out to a Turlock personal injury lawyer.