Yes, you can file an injury claim if you fall in a store parking lot and get hurt. California businesses are required to have liability insurance and you can pursue compensation by filing a claim with their insurance to recover damages.
However, insurance companies often make “low-ball” offers to injured victims, or they’ll deny your claim. In this case, a Personal Injury Attorney can file a premise liability lawsuit against the insurance company and ensure you are rewarded the full extent of your damages.
How Do I Know if I Need a Lawyer?
If you’ve fallen in a store parking lot and your injuries are minor, such as scrapes and bruises, then you will most likely not need a lawyer. However, if you suffered injuries that caused you to need medical treatment or miss time at work, then it is recommended to consult with a Premises Liability Lawyer.
In California, premise liability occurs when an owner fails to maintain their property or warn of known danger and someone sustains injuries. In the case of a store parking lot, the property owner can be held responsible for the victim’s economic and non-economic damages. These damages include:
- Medical costs
- Lost wages (if you have to miss work to recover)
- Retraining or re-education for job placement if you have suffered a disability from the accident
- Pain and suffering (emotional damage)
- Loss of enjoyment of life
Under California Civil Code 1714, property owners are responsible for keeping their property free of hazardous conditions by performing routine inspections. They are required to repair, replace, or provide reasonable warning about unsafe property conditions to keep visitors safe.
A violation of this code is a serious matter and punitive damages can even be brought against the liable party if they were warned of this hazard and continued to allow it to exist.
How Can a Premises Liability Lawyer Help Me?
If you suffer an injury on someone else’s property, determining liability can become a complex matter. Depending on the situation, several parties may be liable for your injuries. Common liable parties for premise liabilities include:
- A property owner
- A business owner
- The government
- A contractor or subcontractor
Finding the liable party can be tricky, which is why it is recommended to seek the counsel of a Premises Liability Lawyer. A lawyer can assist you with the following after you’ve been injured on someone else’s property:
- Increase your initial settlement by letting the insurance adjuster know you intend to invoke your rights
- Make you aware of the compensation you will need in order to treat your injuries and make a full recovery
- Help you understand what a fair settlement should be based on the details of your case
- Build a case by gathering evidence such as:
- Proof of the damages you’ve suffered
- Evidence that a person, or business, was liable for your injuries
- Evidence the accident was in no way your fault, nor could you have done anything to prevent it
- File a claim in court if a settlement cannot be reached and present your case in front of a jury
Get Legal Help for Your Injury in California
If you or a loved one has sustained injuries as a result of a premises or personal liability accident, the skilled attorneys at Maison Law will help you recover full compensation for your damages.
Navigating the legal complexities of liability law can be difficult. But our firm can make the process seamless for you by managing every legal aspect of your claim and protecting your right to compensation from those who seek to avoid responsibility for your injury.
For expert legal counsel in California, contact Maison Law today for a free consultation and case evaluation. No upfront money is required for our services and we won’t charge you a dime unless we win your case.
