Maison Law represents victims of a trip-and-fall accident caused by potholes in Porterville, California. A pothole left unrepaired on the road or someone’s property can result in serious injuries that can lead to enormous setbacks like unpaid medical bills, lost wages, and emotional trauma. Fortunately, there are ways to get your life back on track. At Maison Law, help victims injured by trip-and-fall accidents get the financial compensation they need through settlement demands and negotiations to recover all the damage done to their lives.
A trip-and-fall accident doesn’t have to define your future. 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 a pothole caused you to suffer a trip-and-fall injury. Our law firm can help you get immediate medical treatment, determine who was at fault, and file a lawsuit against them on your behalf. At Maison Law, 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 due to an unrepaired 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 from a pothole require a prompt investigation, especially if the accident occurred on corporate or government property, like a public street or business parking lots such as Walmart, Target, or Whole Foods. Reporting the injury will also help your case if you decide to file a premises liability claim against the property owner.
- 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
Who is Liable for Injuries Caused by a Pothole?
Determining liability for injuries caused by a pothole can be difficult, but ultimately, the party responsible will be discovered through the details of the accident. For example, a road or sidewalk could be maintained by the following parties:
- Government entity: city or state agencies in California are typically responsible for the maintenance of the roadways, so if a pothole is left unattended, the government could be held liable.
- Construction companies: if a construction zone is poorly marked or maintained, resulting in a hazardous pothole, they can be held responsible for their careless actions.
- Private property owners: if a road hazard is on private property, such as a parking lot or driveway, the owner may be at fault if they fail to maintain the area.
Potholes left in the road are considered a premises liability because someone has allowed public or private property to be unsafe. So, once it is determined who is at fault, they can be served with a premises liability lawsuit. If you believe that a premises liability caused your pothole accident, then please don’t hesitate to contact Maison Law for a free consultation.
Pot Hole Injuries and Premises Liability in California
If an individual, company, or government entity fails to exercise reasonable care over their property and someone gets injured, they can be held liable for damages according to California’s Civil Code 1714(a), which 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.”
This applies to trip-and-fall accidents caused by potholes because the roadway, sidewalks, and public pathways are typically considered government property, and they’re responsible for keeping them safe for walkers, runners, bikers, vehicles, and motorcyclists. If they fail to exercise reasonable care, then they can be held fully responsible for your damages because they violated California Law by neglecting to fix a pothole.
Filing a Lawsuit Against the Government for a Trip-and-Fall Pothole Injury
Government lawsuits are different than regular lawsuits in many ways, but one key difference is the time you have to file a lawsuit. While typical lawsuits allow the injured victim 2 years to file a lawsuit, lawsuits against the government only allow for 6 months from the day the injury occurred.
Another major difference between a regular lawsuit and a lawsuit against the government that you should be aware of 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 pothole injury accident can be an incredibly challenging process. You will need an experienced tort lawyer who understands government liability to navigate the complex legal process.
Reporting a Pothole in Porterville
Potholes can be found unrepaired all over Porterville. This is mainly due to a combination of heavy rains and traffic, which is common anywhere in the Central Valley. Fixing potholes is up to the City of Porterville’s local government, but you can help prevent injuries by reporting them through the following steps:
- Use the myPorterville mobile app: here you can submit a request, attach a photo, and check on the repair status.
- Email the field services division: citizens can send an email to fs-dept@ci.porterville.ca.us with the subject “Potholes” along with a description of where the pothole can be found.
- Call field services: Porterville field services department can be reached at (559) 782-7514.
Contact a Trip-And-Fall Lawyer in Porterville
If you or a loved one has been injured due to a hazardous pothole in Porterville, 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 legal options are available for your situation.
