The path your slip-and-fall case takes often depends on the level of fight insurance adjusters and even corporate lawyers decide to put up. In straightforward cases, you’ll simply need to file a claim with the insurance provider for the at-fault party and wait for a check to cover your medical bills and replace the time at work you’ve lost.

But if the at-fault party’s insurer or corporate lawyers choose to resist your claim, the path becomes much more complex. This is often the case when your accident involves a serious injury and higher medical bills. The cost of recovery is higher, and it means insurance companies will make it tougher for you to secure the support you need to bounce back.

The matter may have to be sorted out at the negotiating table to reach a settlement or in court before a judge. In both cases, evidence will be key.

The Different Paths of Personal Injury Cases After a Slip-And-Fall

A slip-and-fall on the hard floor of a store like Walmart can be a painful and humiliating experience. Most victims would just like their medical bills paid by a property or business owner, and to be able to forget about the whole incident.

Some cases are that simple. But the more serious the injury, and the more recovery costs involved, the less likely a speedy end to your case will be.

Quick resolution – If a business owner, property owner, or retail chain decides to accept blame, you may receive a quick settlement offer from the liability insurance company. If your injuries aren’t too serious and the settlement covers all of your damages, this may be fine. If your injuries are serious, it’s a good idea to run any settlement offer by a skilled attorney before you sign anything. Insurers like to extend quick offers before you have a true idea of what your recovery will cost.

When Blame Is in Dispute – When your recovery costs go higher with a serious injury (like a broken bone or head trauma), insurance companies like to push back on your claim. They’ll question who was to blame and even imply that you were clumsy and caused your own fall. They might raise doubts about the appraisal of your doctor and the severity of your injuries. They try these tactics to get you to accept less in a settlement or to get away with giving you nothing. They are usually weak tactics, but if you don’t have a lawyer protecting your rights, they can end up robbing you of thousands of dollars just when you need help the most.

When an At-Fault Party Refuses to Accept Blame – In other cases, the at-fault party may outright push your recovery costs back on you and refuse to accept any accountability. If a business owner or a property owner refused all blame, your lawyer would be ready with a lawsuit, backed with evidence, and take the insurer to court. Sometimes, just the threat of a trial is enough to get insurers back to the negotiating table to make you a better settlement offer. Most cases are settled out of court by a skilled attorney, making sure you receive everything that’s fair for what you’ve been through.

How Do You Win a Slip-And-Fall Case?

In California, the first thing the victim would need to prove is that the property owner owed you a “duty of care.” This one is pretty easy, because this legal duty is clearly explained in California Civil Code 1714.

The law holds all business owners, landlords, and other property owners responsible for the safety of the customers, clients, residents, visitors, and guests they invite in each day. The owners and operators are responsible for a guest’s safety from the time they get out of their cars, walk through the business, and leave.

The second part of it involves showing that the owner failed to act to remove the hazard that caused the victim harm. Perhaps they knew a stairwell was starting to crumble or rot, but didn’t fix it. They may have seen a shopper spill a drink and yet didn’t act immediately to mop it up.

Third, victims must show that the hazard caused their accident and injury. This is where the bulk of the evidence comes in. A Maison Law California Slip-And-Fall Attorney would fully investigate the accident and have evidence ready.

The victim should also act to collect important evidence on the scene to prove the three factors above:

• Victims should call for an ambulance if injured
• Victims should take photos of the obstacle that caused them to trip
• Victims should alert a manager or an owner about what happened so an incident report can be filed
• Victims should get the number of any witnesses nearby so a lawyer can contact them for testimony
• Victims should note if any security cameras are in the area so a lawyer can request that footage before it’s erased
• Victims should build more medical evidence by seeing their own doctors, even if they’ve already been to the emergency room

These steps, along with the experienced case-building skills of a lawyer, would collect the evidence necessary to secure full compensation from the business or property owner.

Strong evidence just makes it harder for insurers to question the victim’s injury claim. It makes it harder for corporate lawyers to deny fault and delay paying injured victims. Hopefully, this abundance of evidence is enough to quickly prove who was at fault and give victims everything they need to rebuild their lives.

Do I Need a Lawyer for My California Slip-And-Fall Case?

Generally, if your fall only resulted in a few bruises and some minor scrapes, you may not need a lawyer’s help to win your case. However, if your fall resulted in more serious injuries, a lawyer becomes an important protection.

Your California Trip-And-Fall Lawyer protects you against the tactics insurers use to rob you of compensation. Our skilled lawyers also have a great chance to earn you much more for your injuries than you could win by taking on a major company by yourself.

Contact Maison Law for a free, no-obligation case consultation if you’ve been hurt due to the negligence of a business owner or property owner. If you need our help to win all the support you need to fully heal, you don’t have to have any money to hire us. We only get paid if we win your case for you. Then our fee comes out of the settlement money an insurer must pay.