Maison Law represents injury victims in Monterey. One of the most common types of accidents that can leave you or a loved one injured is a slip and fall. Worse, they can happen anywhere. But no matter where they happen in Monterey, you have legal options. To learn more, contact our Monterey personal injury lawyers today for a free consultation.
Do You Need a Lawyer?
Because they can happen anywhere, at any time, it’s important to be prepared in the event that you’re hurt in a slip and fall accident in Monterey. Part of being prepared means thinking about your legal options. It’s not a requirement to have a lawyer, and you probably don’t need one if your injuries are minor. However, the more hurt you are, the more help you’ll probably need. That’s where our slip and fall accident lawyers come in. We can:
- Explain your rights and options
- Help you gather evidence
- Negotiate with insurance companies
- Represent you in court if necessary
Our goal is to make the process easier for you and your family. Injuries make everything more difficult, so it’s important to understand how the legal process works and to have a clear picture of what your recovery will look like.
Who’s Liable in a Slip and Fall Accident?
Obviously, you never want to get hurt in any type of accident. However, what makes a slip and fall so difficult is that it can happen virtually anywhere. That said, there’s certain places where it happens more often. And in order to figure out who’s liable, it’s going to depend on the circumstances and where it happened.
This narrows things down somewhat. Basically, property owners or managers have an overriding responsibility to keep things safe and free of hazards for you and anyone else. Where the location comes into play is other circumstances
For example, if you’re trespassing or somewhere you’re not supposed to be, the property owner’s responsibility to protect you from hazards is limited. Conversely, if you slip on a wet floor in a store that the owner knew about but didn’t address, they could be liable for your injuries.
In terms of legal liability–or responsibility–for covering your injuries and other damages, it’s going to fall on whoever was negligent and failed in their duty to keep the environment free of hazards. Further, anyone else who’s involved or contributed to share liability. This usually means that the following parties are the ones who are responsible:
- Property owners or management
- Individual workers
- Local or state government agencies
- Maintenance workers
- Product manufacturers
- Security personnel
In California, you might share some blame for a slip and fall accident under the “comparative negligence” law. For instance, if you were distracted or not watching where you were going, your damages could be lessened.
What Are Your Damages in a Slip and Fall Accident?
After a slip and fall accident, you have two main paths for recovering damages: filing an insurance claim or pursuing a personal injury lawsuit. The choice is yours, but our team will provide guidance and support throughout.
Each slip and fall case is unique, so your damages are going to heavily depend on the specific circumstances and the strength of your claim. It’s crucial to remain patient during the process, as it can be lengthy. That said, there’s certain categories of damages that are generally available in every claim:
- Medical expenses – This includes the costs for any medical treatment you need because of the accident. It covers things like doctor visits, hospital stays, medication, surgery, therapy, and medical equipment like crutches or wheelchairs.
- Lost wages – If you’re unable to work because of your injuries, you might lose income. “Lost wages” means the money you would have earned if you were able to work during the time you’re recovering.
- Pain and suffering – This refers to the physical pain and mental anguish you experience because of the accident. It includes the discomfort from injuries, as well as the stress, anxiety, and sadness it may cause.
- Emotional distress – This is the emotional damage or suffering you go through due to the accident. It can include feelings of fear, anxiety, depression, or trauma resulting from the incident.
- Repair/replacement costs for damaged property – If your belongings or property were damaged in the accident (like a phone, glasses, or clothing), you can seek compensation to repair or replace them.
- Loss of companionship or enjoyment of life – This refers to the impact the accident has on your relationships and activities you enjoy. It includes the inability to spend time with loved ones or take part in hobbies or activities you used to enjoy.
- Punitive damages – These are additional damages awarded to punish the responsible party for their actions. They’re meant to deter similar behavior in the future. These are rare, but happen if the negligence was especially reckless or intentional.
Again, your damages are going to be unique to you and your case. So, it’s very important to know what happened and to be able to connect it to your injuries. Ultimately, it’s on you to show the extent of your damages.
How Can You Show the Extent of Your Damages in a Slip and Fall Accident?
Just because you have legal rights and options after a slip and fall unfortunately isn’t enough to recover damages. As with any claim, you have to prove your side of it. This means that you’ll need to take certain steps to both show what happened and the extent of your damages from it. In order to do that, the best courses of action include:
- Getting medical care – Prioritize your health by seeking immediate medical attention, especially at the accident scene. Remember, some injuries may not be immediately apparent, so keep thorough records of all medical documents, including bills and receipts.
- Reporting the accident – One of the critical initial steps is reporting the accident to the property owner, manager, or supervisor as soon as possible. This prompts them to fix the problem. Consider requesting a copy of the incident report or creating one yourself, outlining the details of the incident and its location.
- Collecting evidence at the scene – You’ll want to gather evidence at the scene, especially photographs or videos of the accident site and any hazardous conditions that contributed to it. Note the date and time of the incident and try to obtain contact information from any witnesses present.
- Keeping evidence – Keep any damaged clothing, belongings, or footwear from the accident, as they could serve as vital evidence for your case. Also, don’t repair them, as they will be important for supporting your claim.
Remember, because every accident is unique, some of these steps won’t be necessary or even possible. However, it’s vital to take care of your health and safety first. That will establish the link between the incident and your injuries. But again, being hurt makes everything harder.
How Hurt Can You Get in a Slip and Fall Accident?
Being in a slip and fall accident is not only frustrating and embarrassing, it can also leave you with serious injuries. This makes it much more difficult, and when you consider that it was likely preventable, it only adds to your frustration. However, like any situation, you have to know what to expect. So, here are some of the more common injuries associated with a slip and fall:
- Head and brain injuries, include traumatic brain injuries (TBIs)
- Broken bones or fractures
- Sprains and strains
- Cuts and bruises
- Torn ligaments
- Internal organ damage
- Emotional trauma
Even if you’re careful, slip and fall accidents can still happen. Even with the law on your side in Monterey, it’s important to have the right guidance and support. And you’ll always have that if you choose to work with our experienced slip and fall lawyers.
Frequently Asked Questions
Can I be liable for a slip and fall accident?
Not totally, but you can share some of the liability under the state’s “comparative negligence” rule. This usually happens if you weren’t paying attention or disregarded signs or other warnings.
If I slip and fall in the parking lot of a store, who’s responsible?
This depends, but usually the store will still be responsible because the parking lot is also their property. However, if the fall happens in a shopping center or mall parking lot, the company or management that owns the shopping center will be responsible.
How long do I have to file a slip and fall accident claim?
You have two years from the date of your injury.
Monterey Slip and Fall Accident Victims Can Count on Maison Law
Anytime you’re involved in a slip and fall accident, it can leave you injured and confused. But you can count on our team of Monterey slip and fall accident lawyers at Maison Law. With our experience and resources, we’ll make sure you have what you need to make the legal process work for you. To get the recovery process started, contact us today for a free consultation.
