Maison Law helps people through the claims process after a slip-and-fall accident in California. One of the main questions that many of our clients have involves how the process works, and whether they’ll have to go to court to get compensation. The answer depends, because every case is different. Our team can give you personalized support and guidance. Contact us today for a free consultation.
Will I Have to Go to Court to Get Compensation After a Slip-and-Fall Accident?
When you’re injured in a slip-and-fall accident in California, recovering compensation starts with filing a claim for damages. In most cases, this happens in two ways: filing an insurance claim outside of court or “going to court” by filing a lawsuit.
Whether or not you’ll need to file a lawsuit is totally up to you, but usually happens when you file an insurance claim first and the company’s settlement offer doesn’t cover all your injuries or losses. Another way to think about it is you’ll need to go to court to get more compensation if you’ve been more seriously injured. It’s also important to look at the actual financial support–called damages–you can get when you file a claim:
- Medical expenses – This covers your medical bills from treatments, surgeries, consultations, hospital stays, ambulance services, medications, and any other expenses that happen to you because of the accident.
- Lost wages – This covers any income you miss out when your injuries cause you to miss work. It can also cover future wage loss if you can’t work anymore or have to take a lesser job.
- Pain and suffering – This covers costs relating to your physical pain and mental anguish you go through because of the accident and your injuries.
- Emotional distress – Similarly, this covers costs relating to your emotional and psychological distress from the accident, like if your anxiety or PTSD.
- Reduced quality of life – These damages cover costs for any reduction in your quality of life. For example, if you can no longer take part in activities that you enjoy because of your injuries, you can get compensation for this loss.
It’s important to remember that every case is unique, and the process can take time. Patience is key, but there’s also an important deadline you have to meet when you file your claim–you have to file within two years of the date of the accident. If you miss this deadline, you can’t file a claim at all.
Who Pays Your Compensation in a Slip-and-Fall Accident Claim?
No one expects to get hurt in an accident, but slip-and-fall incidents can happen almost anywhere. Businesses and property owners have a legal duty to keep their spaces safe for visitors. Figuring out who’s responsible for paying for your compensation-also known as liability –depends on where the accident happened and the details of the situation.
Here are a couple of examples:
- If you slip on a wet floor in a store and the owner knew about it but didn’t fix it, the business could be held responsible for your injuries.
- However, if you were trespassing or in a restricted area, the property owner’s responsibility to keep you safe is much more limited.
In California, liability generally falls on the party whose negligence caused the unsafe condition–which is mostly going to fall on the business owner or management since they have that legal duty. But others might share some liability, like:
- Individual employees who neglect safety protocols.
- Maintenance workers responsible for keeping the area clean and hazard-free.
- Government agencies if the accident happened on public property (like a public parking lot outside the business.)
- Product manufacturers if defective equipment or products contributed to the accident.
- Security personnel if inadequate security played a role.
California also follows a “comparative negligence” rule. If you share some responsibility for the accident–such as being distracted or not watching where you were walking–your compensation could be reduced based on your level of fault.
How Will Maison Law Help You After a Slip-and-Fall Accident in California?
Slip-and-fall accidents at a business in California can happen anywhere, anytime, which is why it’s important to know your legal options if you’re injured. While you’re not required to hire a lawyer, having one becomes crucial if your injuries are serious or the process feels overwhelming. That’s where Maison Law can make a difference. Here’s how we’ll help you:
- Explain your rights and legal options.
- Help you gather critical evidence to support your case.
- Negotiate with insurance companies to secure fair compensation.
- Represent you in court if your claim requires filing a lawsuit.
At Maison Law, our goal is to take the burden off your shoulders. We understand how injuries can disrupt your life, and we’re here to guide you through the legal process while you focus on your recovery. Let us handle the hard work so you can focus on getting better. Contact us today for a free consultation to get started.
