Maison Law is proud to stand up for your rights if you’ve been hurt in a slip and fall accident in Bakersfield. Many of these accidents happen at grocery stores like WinCo. Our Bakersfield slip and fall accident lawyers can explain your options and be there to support your injury claim. If you or a loved one have been hurt in one of these accidents, contact us today for a free consultation.
Do You Need a Lawyer?
Whether or not you need a lawyer depends on your circumstances. If your slip and fall at WinCo was relatively minor, you probably don’t need to worry about taking legal action. In fact, there’s no legal requirement anywhere that says you need a lawyer even if you want to pursue your legal options.
But the problem becomes that the legal process itself is challenging. That’s where our experience and dedication can come into play. By working with our team, we can:
- Legal guidance – Using our experience and knowledge, we help you understand the legal process. This starts by reviewing your case and figuring out what steps you need to take to succeed.
- Collecting important evidence – We gather crucial evidence like medical records, surveillance footage, and accident reports to build a strong case for you.
- Communicating with insurance companies – We talk to the insurance company of the party at fault to try to reach a fair agreement, making sure your case goes the way you want it to.
- Making the overall process easier – Dealing with insurance claims, potential lawsuits, gathering evidence while trying to simultaneously deal with your injuries from the fall can quickly become overwhelming. By working with our team (which has no upfront cost for you because we work on contingency), you can focus on your health while we take care of the legal side of things.
It’s important to remember that the steps and actions needed can vary from case to case. But what’s crucial is knowing that you have rights in a slip and fall incident. And remember, it’s not just about the evidence; it’s also about who is responsible.
Is WinCo Responsible For My Damages?
One big question you probably have outside of whether you need a lawyer regards who is responsible for the accident and your injuries. When these slip and fall incidents happen at WinCo, there’s certain requirements for establishing liability–or legal responsibility.
To establish negligence on WinCo’s part, it’s crucial to demonstrate the following:
- WinCo either knew or should have known about a hazardous condition but failed to address it or adequately warn you and other customers.
For instance, if there was a spill on the floor and WinCo neglected to clean it up or provide warning signs, this could constitute negligence.
However, there’s a few other factors that can impact WinCo’s overall liability for the incident:
- Where you were when the fall happened – Your legal status as a visitor to WinCo can influence liability. As a customer, WinCo generally owes you a higher duty of care compared to individuals who are trespassing or present in restricted areas (such as employee-only zones). If you were a customer, WinCo typically bears a greater responsibility for ensuring your safety.
- Comparative negligence – In certain cases, your actions might have contributed to the accident. California operates under a comparative negligence system, meaning that if you share some responsibility for the accident, your overall compensation could be reduced proportionately.
But there’s other circumstances in these incidents that could bring other parties or people into the case, at least in terms of being liable:
- Other shoppers
- WinCo employees
- Security or maintenance contractors
- Product manufacturers
Strengthening a claim
Even with WinCo and others potentially being held accountable for a slip-and-fall incident if their negligence led to the accident, the outcome of your particular case still isn’t certain. That’s why you’ll need to take certain steps to strengthening your claim:
- Notify WinCo employees or management about the accident and document the incident.
- Seek medical care right away and retain all medical records and other documentation.
- Document the scene of the accident, including any hazards that may have caused it.
- Preserve evidence, such as damaged belongings.
Damages Available in a Claim
In terms of your particular legal options, there’s generally two ways to pursue them: filing an insurance claim or filing a personal injury lawsuit. Both options give you the opportunity to make a claim to recover certain “damages” from the responsible parties, which are built around:
- The extent of your injuries
- The circumstances of the accident
- What role you played or didn’t play in the accident
- The evidence you can present
Every case is different, but generally you can recover the following in a successful claim:
- Medical bills – This refers to the money spent on medical treatments, prescriptions, hospital stays, surgeries, therapy, and any other healthcare-related expenses resulting from the slip and fall.
- Damage to your belongings – This includes the cost of repairing or replacing damaged property, like your phone, eyeglasses, or any other personal property from the accident.
- Pain and suffering – This covers the physical and mental anguish you experience as a result of the slip and fall. It includes pain, discomfort, anxiety, and any other negative effects on well-being.
- Emotional distress – While similar, emotional distress damages are different from pain and suffering. They deal with the psychological impact of an incident, such as trauma, anxiety, depression, or other mental health issues from the accident.
- Loss of enjoyment of life – This represents the diminished ability to enjoy activities, hobbies, relationships, or companionship due to the injuries from the accident.
Each slip and fall incident that happens at WinCo is distinct, but patience is key as the legal process can be time-consuming and challenging. It’s worth noting that in California, the statute of limitations is two years from the date of the accident. However, by partnering with our team, you can enhance your chances of bolstering your claim and securing the financial benefits and support you’re entitled to.
Maison Law Can Help You After a Slip and Fall At a Bakersfield WinCo
At Maison Law, we understand how quickly a slip and fall at WinCo can turn your life upside down. That’s why we believe in holding these stores and others accountable for their negligence. If you or someone you care about has been injured in a slip and fall at a Bakersfield WinCo, contact us today for a free consultation to discuss your options.
