After you have suffered injuries due to a slip and fall accident, you may be wondering if you can do anything to get compensated for the medical bills you incurred for treatment for your injury, lost wages, and the pain and suffering you went through due to the accident. Although no one wants to have to deal with an injury like this, the good news is that if you fell and got hurt due to someone else’s negligence, you may have a personal injury claim and be entitled to compensation.
Once you have begun medical treatment for your injuries resulting from your slip and fall accident, it is a good idea to then contact an attorney for assistance with your claim. California slip and fall attorney Johann Hall handles many different kinds of personal injury cases—including slip and fall claims. Contact attorney Johann Hall today so he can get started fighting for your legal rights.
Filing a Lawsuit for a Slip and Fall Case—Statute of Limitations
If you are interested in suing for damages (compensation for your personal injury), it is important to talk to an attorney as soon as you can. One of the main reasons for this is because California law has a two-year statute of limitations that applies in most slip and fall cases. This means that you have a two-year deadline to formally file your personal injury case, though there are certain exceptions that may apply to this deadline which can make it shorter. If you wait too long, your case may be over before it began, and you may lose all of your rights to compensation. An attorney can make sure that your case is properly filed before any deadlines that apply to your case expire.
Reasons to Sue After a Slip and Fall Accident
There are a few different reasons you may want to sue the responsible party after getting injured in a slip and fall accident. The main reason people seek compensation for these accidents is that they required medical care for their injuries, and they would like to be reimbursed for the medical bills they were forced to pay for. Medical bills can add up very quickly, and if you were injured due to someone else’s negligence, California law allows you to sue the at-fault party for payment of these bills. Your lawsuit against the responsible party will likely also include money for the pain and suffering you went through because of the injury and a claim for lost wages if you missed time from work because of your injury.
Slip and Fall Cases in California—Comparative Negligence
In California, slip and fall cases, along with most other personal injury cases are subject to the state’s comparative negligence rule. This means that if your case proceeds to a personal injury trial and you are awarded compensation, your award will be reduced if you have been found to be partially at fault for the accident. California law follows the pure comparative negligence rule, so any award you would receive would then be reduced by the percentage you were found to be at fault. For example, if the jury determined that you were twenty-five percent responsible for your injury, and they had awarded you a sum of $100,000, then that award of $100,000 would be reduced by twenty-five percent down to $75,000.
Even if your case does not get to the trial stage, any shared fault you may have will likely still impact your case. The insurance company for the at-fault party will be aware of the facts and circumstances surrounding your injury, and if there is any potential for fault on your end, this will be a factor they consider while making and negotiating settlement offers. You may be considered to have shared in the fault of your accident if there is evidence that you were not paying attention to your surroundings when you fell, or if you fell in an area with a dangerous condition that should have been obvious to you (and then been avoided). Additionally, if you fell in an area that had been designated with signs or cones as unsafe, you might be considered to be partially at fault for your injuries since the responsible party can argue that they had taken reasonable steps to protect you and others in the area.
For all of these reasons, it is a good idea to speak with a knowledgeable attorney if you are considering a lawsuit for a slip and fall accident. Contact attorney Johann Hall today at (707) 360-8717 or fill out our online contact form to get started on your claim for compensation.