Maison Law represents injured trip-and-fall accidents caused by potholes in Modesto, California. A trip-and-fall hazard, such as a pothole on a sidewalk, parking lot, or driveway that causes an injury, is considered a premises liability issue. Our law firm advocates for the Modesto community and will hold the property owner responsible for creating the hazardous condition to ensure you recover financial compensation for medical bills, lost wages, and emotional distress.
Tending to a trip-and-fall injury shouldn’t define the rest of your life. Take legal action today by contacting Maison Law for a no-cost, no-obligation consultation.
Do I Need a Lawyer for a Trip-And-Fall Accident Injury?
Yes, it is recommended to consult with an attorney after suffering a trip-and-fall accident caused by a pothole. After a premises liability injury, most victims will be offered a quick settlement by the insurance company of the party responsible. But what most victims don’t understand is that an initial settlement offer does not typically cover the extent of your damages. But that’s where we can help.
The Premises Liability Lawyers at Maison Law will hold the insurance company liable for the full extent of your damages if your injury caused you to need medical treatment or miss time at work. On behalf of our clients in Modesto, we aggressively pursue compensation for:
- Present and future medical expenses
- Loss of income, as well as the reduction in your earning capacity, you’ve suffered from your injuries
- Cost of living with your injury, such as making your home disability accessible, purchasing a wheelchair or crutches, hiring a nurse or housekeeper
- Damage done to your property during the accident
- Pain and suffering caused by your injuries
- Stress and anxiety due to the nature of your accident
- Your mental state after a life-changing accident
How to Strengthen Your Trip-and-Fall Case
If you suffer an injury from a trip-and-fall accident caused by a pothole, seek medical attention immediately. Nothing is more important than your health. Also, failing to seek medical attention after you’ve been injured can be harmful to your claim if you decide to file a lawsuit. After you get medical care, we recommend the following to strengthen your case:
- Report the injury to management or police (if applicable). Trip-and-fall accidents require a prompt investigation, especially on corporate properties like a Walmart, Target, or Whole Foods parking lot. Reporting the injury will also help your case if you decide to file a premises liability claim against the property owner, company, or government entity.
- Take your own photos of the scene and get witness statements. Hazardous conditions in public or private locations can be removed or remedied very quickly to prevent more accidents, so it is important for you to capture the dangerous environment while it is still there.
- Follow up on your injuries with a doctor. Any injuries you’ve sustained from your accident will become a part of your case, and you will need a doctor to corroborate your injuries.
- Contact Maison Law to protect your rights to compensation. Most accident victims find themselves overwhelmed by the incident and fail to realize the enormous impact a serious injury can have on their lives. Our Premises Liability Attorneys can help you understand your legal options and get you the compensation you need to make a full recovery.
How Maison Law Helps Trip-and-Fall Accident Victims
While it is not necessary to have a lawyer to file a trip-and-fall claim, partnering with one of our attorneys can have many benefits, such as:
- Increase your odds of reaching a fair settlement
- Reduce stress of filing/managing a claim yourself
- Protect you from liability in the event you may be partially at fault
- Help you understand what you may be entitled to receive
- Help you make informed decisions to reach a successful resolution
The claims process for a trip-and-fall injury claim can be long but at Maison Law, we create a custom plan-of-action for your case. Our firm will:
- Let the insurance company know you are invoking your right to fair compensation, which can increase your initial settlement offer
- Work with experts and medical professionals to detail the extent of your injuries and the amount of compensation required to make a full recovery
- Help you understand what a good settlement offer should look like
- Reinforce your claim with evidence:
- Signs that show the at-fault party’s actions were the cause of your injury
- Statements, pictures, and video footage showing you were not partially to blame
- Verified documents showing the extent of your legal damages
- Represent you in trial if necessary
How to Report a Pothole in Modesto
Potholes in Modesto are a common issue due to consistent rainy seasons, winter weather, and erosion from usual traffic pressure. Fortunately, Modesto has a pothole repair program through their Public Works Department, which can be contacted to repair streets, alleys, curbs, gutters, and sidewalks on government property. Here’s how you can report a pothole in Modesto:
- Call Street Services at 209-342-2244 and provide the pothole’s location, size, and the hazards it presents.
- Submit a Report Online at the city’s service request portal, (Go Modesto!) here.
- Contact Stanislaus County via the Connect app or by reaching out to their Public Works division at 209-525-4130.
What the Law Says About Premises Liability
California Civil Code 1714a specifies that a person can be held responsible for injuries resulting from reckless, careless, or intentional acts, even if they never meant to cause harm. This law especially applies to property owners, businesses, or government entities who fail to create a safe environment for runners. California’s Civil Code 1714(a) states:
“Everyone is responsible, not only for the result of his or her willful acts but also for an injury occasioned to another by his or her want of ordinary care or skill in the management of his or her property or person, except so far as the latter has, willfully or by want of ordinary car, brought the injury upon himself or herself.”
How Do Pothole Injuries on Public Property Differ From Injuries on Private Property?
If you suffered a pothole injury in a public place due to a hazardous condition, pursuing damages can be more complicated than if you were to file a lawsuit against a private property owner. Public spaces are owned by the government. So, instead of filing a lawsuit against a company or individual, you would be filing a lawsuit against the government.
One of the major differences between government entities and private property owners is that the government can claim “sovereign immunity.” Sovereign immunity essentially means that a government entity is not liable for injuries caused by the government entity or its employees as they are fulfilling their duty.
However, the California Tort Claims Act gives exceptions in which the government can be held liable for damages in cases of excessive carelessness (drunk driving, knowingly ignoring hazards, etc.), or corruption. Depending on the circumstances, suing the government for a skateboard accident can be an incredibly challenging process. You will need an experienced tort lawyer who understands government liability to navigate the complex legal process.
Contact a Trip-And-Fall Lawyer in Modesto
If you or a loved one has been injured in a trip-and-fall accident in Modesto, the attorneys at Maison Law can help. We offer a free, no-risk case consultation to all trip-and-fall victims and their families. No upfront money is needed, and we don’t get paid unless we win your case. Contact Maison Law today to get your free case evaluation and see what options are available to you.
