Maison Law helps people through the claims process after a slip-and-fall accident in California. A slip-and-fall accident raises a lot of questions, mostly about what you should do. You have legal options and our team can help you through the process. Contact us today for a free consultation to learn more.
When Do I Need to File a Lawsuit After a Slip-and-Fall Accident?
When you get hurt in a slip-and-fall accident, your main legal protection is the ability to file an injury claim to recover “damages.” Sometimes, this means filing a lawsuit, which is a formal court action where you make your case to a judge. Specifically, though, it involves a long, usually drawn out process where you exchange evidence and information with the other side–who is represented by their own lawyers.
Another option, which usually takes less time and is much less formal, is when you file an insurance claim with the at-fault party’s insurance company. The reason it’s much less formal is because this happens outside of court.
You can choose whichever option you want–even both. But in terms of what you need to do, it depends on the situation. Most of the time, you’ll need to file a lawsuit when:
- The insurance company’s settlement offer is low or otherwise doesn’t cover your losses.
So basically, it all comes down to how hurt you are and what happened. The process can take time, so patience is key. But it’s also about what you get when you do file your claim or lawsuit.
What Damages Can You Get in a Slip-and-Fall Accident Claim?
Obviously, your damages are going to be very important to your recovery because it’s going to give you actual financial support that covers your losses. So, whether your file an insurance claim or a lawsuit, you can potentially recover things like:
- Medical expenses – This covers the cost of all medical care related to your slip-and-fall injuries. It includes doctor visits, hospital stays, surgeries, medications, physical therapy, and any medical devices you need, such as braces or crutches. Future medical treatments can also be included if your recovery requires ongoing care.
- Lost income – If your injuries prevent you from working, you can recover the wages you lost during your recovery. This also covers future income if your ability to work has been reduced or if you can no longer perform the same type of job due to your injuries.
- Property damage – If any personal belongings were damaged in the fall, like your phone, glasses, or clothing, this covers the cost of repairing or replacing them.
- Pain and suffering – This covers the physical pain and discomfort you’ve gone through because of the accident. It covers costs for the ongoing challenges and limitations caused by your injuries.
- Emotional distress – These damages cover the emotional and psychological impact of the accident, such as anxiety, depression, fear, or trauma resulting from the incident.
- Reduced quality of life – This covers the loss of enjoyment in life caused by your injuries. It includes the inability to participate in hobbies, recreational activities, or quality time with loved ones as you could before the accident.
Ultimately, these categories determine the value of your claim, so it’s important to keep good records. Our team at Maison Law will help you gather everything you need and make sure no damages are missed, as well as making sure you meet a very important deadline–filing your claim within two years of the date of the accident. Outside of that, though, it’s also important for you to take the right steps after the accident to protect your claim.
What Can You Do to Strengthen Your Slip-and-Fall Claim?
Filing an injury claim against a business after a slip-and-fall in Oklahoma City won’t automatically guarantee compensation. You need to build a strong case, and that starts the moment the accident occurs. Here’s what you can do to strengthen your claim:
- Take care of your health – Your health should be your top priority. Get medical care right away, by calling an ambulance and getting first aid at the accident site. Keep track of all medical records, bills, and receipts for your treatment.
- Report the accident – Immediately inform the property owner or manager about the accident. Make sure they create an incident report and request a copy. If they address the hazard, note that as well.
- Get documentation of the scene – Take photos or videos of the area where the accident happened, focusing on any hazards. Record the time and date of the incident, and gather witness contact details if possible.
- Preserve your evidence – Keep any items that were damaged during the accident, like clothing or shoes. Don’t alter or repair them, as they are important evidence.
- Be careful with statements – Try to keep from giving detailed statements or admitting fault to employees or insurance adjusters. Stick to the facts and let our legal team handle further communication.
These steps help build a strong foundation for your claim. Our team at Maison Law will help you by gathering additional evidence, such as security footage, to strengthen your case. Aside from that we’ll also help you by:
- Handling the legal details
- Communicating with the at-fault party’s insurance company
- Filing a lawsuit if necessary
We’re here to make the process easier and protect your rights. Contact us today for a free consultation.
