You're Safe with Drake - California's Premier Personal Injury Attorneys

Abogado de resbalones y caídas en Encino, CA

California Personal Injury Attorney
You are Safe with Drake

Should You Hire a Lawyer after a Slip and Fall Accident in Encino?

At Drake Law Firm, our attorneys recognize the serious effect that a slip and fall accident can have on a victim's life. The victim of a slip and fall can suffer painful injuries, face high medical bills for emergency and long-term treatment as well as be unable to work and earn income for an extended period.

However, if the accident resulted from the negligence of a property owner, a slip and fall victim may have legal options available to him or her. The victim might be eligible to pursue a legal claim that can lead to payment of all medical costs and compensation for the individual's lost wages, pain and suffering and even more.

If you or a loved one has been hurt in a slip, trip and fall in Encino or elsewhere in California, you can speak with a lawyer from Drake Law Firm today and learn more about the choices available to you.

You might be worried about your ability to afford an attorney to handle your slip and fall claim. However, at Drake Law Firm, we will charge no legal fees or case costs unless we secure a financial recovery for you. We don't want cost concerns to keep you from obtaining the legal aid you deserve.

We believe a lawyer can play an essential role in your claim, especially when dealing with insurance companies. The truth is that the insurance providers will attempt to pay as little compensation as possible for the physical, psychological and financial damage you have endured. A lawyer will be focused on protecting you as well as your interests.

A Encino premises liability lawyer at Drake Law Firm, will:

  • Extensively examine your slip and fall and build the strongest case possible
  • Consult with experts who will allow us to understand why your slip and fall took place, who should be held accountable as well as what medical care and treatment you will need to recover from your injuries.
  • File all claims on your behalf in a prompt and proper manner.
  • Aggressively pursue a settlement that completely compensates you for your losses or take your case to court (if necessary).
  • Structure any award you obtain so that it maximizes your compensation and guarantees you will receive the medical care you need in the future.

We are a law firm that is passionate about pursuing outcomes that will really make a difference in the lives of our clients in Encino and throughout California.

What Must You Prove in a Slip and Fall Claim in California?

A slip and fall accident is a type of premises liability case. It can be brought against any kind of property owner or occupier, including a private homeowner, store or other business or a local, state or federal government.

To recuperate damages in an California slip and fall case, you generally have to demonstrate:

  • A condition on the property presented an unreasonable threat of harm to you. Hazards that might cause someone to slip, trip and fall consist of:
  • Pavimento roto o irregular en aceras o aparcamientos
  • Suelos y pasillos nevados, helados o mojados
  • Ripped, torn or loose rugs and carpets
  • Líquidos derramados en el suelo
  • Broken or uneven stairways
  • Iluminación deficiente en pasillos, escaleras o pasillos exteriores.
  • Agujeros en el suelo u objetos que sobresalen del suelo
  • Barandillas rotas, faltantes o sueltas
  • Faulty escalators or elevators
  • The property owner knew or, in the exercise of normal care, should have known of both the condition and injury possibility. Essentially, the owner or inhabitant had "actual notice" based on seeing the slip and fall hazard or creating the hazard or "constructive notice" based on the risk existing long enough that the owner or occupier should have seen it.
  • The property owner might have reasonably anticipated that you would not have discovered or recognized the risk or would fail to protect yourself against the risk. For example, you would not have known that an office building lobby was slippery since it had just been mopped.
  • The property owner failed to take sensible measures to protect you by either repairing the hazard or giving you a proper warning about it.
  • As a result of the property owner's negligence, you suffered injuries.

As you consider whether you have the option to bring a slip and fall claim, you will need to ask yourself several key questions, including:

  • If you tripped or slipped, had the dangerous spot existed long enough so that the owner should have known about it?
  • Si alguna vez hubo una buena razón para que el objeto estuviera allí, pero esa razón ya no existe, ¿podría haberse retirado el objeto?
  • Was there a safer area the object could have been located without much greater inconvenience or expense to the property owner?
  • Could a simple barrier have been created or a caution given to stop you from slipping or tripping?
  • Did inadequate or broken lighting contribute to the accident?

¿Qué indemnización puedo obtener por una lesión por resbalón y caída?

A slip and fall accident can lead to a wide variety of severe injuries, including bone fractures, soft-tissue damage, spinal cord injuries as well as traumatic brain injury (TBI). It is important to work with a law firm that will pursue maximum compensation for the harm you have suffered, including:

  • Gastos médicos pasados y futuros
  • Lost wages and decreased earning capability
  • Dolor y sufrimiento
  • Pérdida de calidad de vida

A property owner's insurance company may attempt to place blame on you for your slip and fall accident. For instance, the insurance provider may assert that you tripped, slipped and fell due to an "open and obvious" risk that you should have detected or did something else that was negligent.

In California, you could be barred from recovering anything if you were more than 50 percent responsible for your injury. Otherwise, your damages would be reduced by an amount that is proportionate to the percentage of fault attributed to you.

Your attorney from Drake Law Firm, will aggressively counter any unfounded claims made by a property owner's insurance company and work diligently to protect your rights.

What is the Statute of Limitations on a Premises Liability Claim in California?

It is vital to get in touch with a lawyer as soon as possible if you are injured in a slip and fall accident. A lawyer must take steps immediately to preserve evidence and start the process of bringing a claim against the property owner.

A slip and fall claim, like other personal injury claims in California, needs to be submitted within two years after an accident has taken place. This is called the statute of limitations. If you fail to meet that deadline, you could be barred from seeking a claim.

A California slip and fall attorney at Drake Law Firm, will make sure your case is prompt and correctly submitted.

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