Dangerous Conditions on Property (Trip and Fall)
Injured in a Slip and Fall Accident?
Our Fairfield Slip and Fall Accident Lawyer Can Explain Your Options
After experiencing a slip and fall, you will often suffer from severe injuries. These accidents should be taken seriously, especially when the negligence of another party is involved. The injuries caused by a slip and fall could result in you missing time at work. This could negatively affect you and your family’s financial situation. You could also suffer from acute pain and suffering, forcing you to incur massive amounts of medical and rehabilitation costs. It is possible that your slip and fall accident occurred on another person’s property. If so, then you may have a right to recover compensation for all damages incurred. A property owner is responsible for maintaining a safe premises that does not needlessly endanger visitors. Our Fairfield slip and fall accident lawyer will work hard to help you hold the property owner liable for your slip and fall accident.
At the Barnett, Bennett & Scott LLP Law Firm, we have protected the rights of personal injury victims for over 40 years. Our attorneys understand that it can be overwhelming when you experience a slip and fall accident. It is also disheartening when you discover that the property owner’s insurer is declining to fund your claim. If another party’s negligence caused your slip and fall accident, then you should receive compensation for your injuries. Our attorneys will negotiate with the property owner’s insurer and make sure that you are receiving fair treatment. We are also experienced trial lawyers and will fight for your case in front of a judge and jury, if necessary. A lot of people and businesses do not address negligent behavior until it costs them money. Our Fairfield slip and fall accident lawyers will help you hold these parties accountable for their actions.
What Damages Can I Recover After Experiencing a Slip and Fall Accident?
While slip and fall accidents can result in a variety of personal injuries, many of them are incredibly serious. Traumatic brain and spinal cord injuries are common after experiencing a slip and fall accident. If you are suffering from a slip and fall injury, then you will acquire considerable losses that will negatively impact your life. A Fairfield slip and fall accident attorney from our firm can disclose the potential damages you could receive during a slip and fall accident lawsuit. These damages include:
- General damages. Often referred to as “non-economic damages”, general damages are losses that are intangible. Pain and suffering and loss of consortium are common examples of general damages. While general damages are difficult to calculate, our attorneys will help you assign a dollar amount to your intangible losses. We can do this by examining the facts surrounding your claim and using previous cases as a reasonable benchmark.
- Special damages. Often referred to as “economic damages”, special damages are losses that you can document. Property damage, medical expenses and loss of future earnings are common examples of special damages. Calculating your economic damages is not always an easy task. Our attorneys can assist you in documenting these losses and will ensure that you receive a fair amount of compensation.
- Punitive damages. Although general and special damages are awarded to compensate the plaintiff, punitive damages serve a different purpose. They are awarded to punish the defendant and deter others from making the same mistakes. A California court will award punitive damages if the defendant’s actions are particularly dreadful. This form of compensation is reserved for the most extreme cases.
How Are Awarded Damages Determined in a Slip and Fall Case?
When you are finished calculating your desired amount of damages, you must present this information to the defendant’s insurance company. However, the property owner will likely suggest that you shared a certain amount of responsibility for your accident. If a settlement is not reached, then your slip and fall case will head to court.
Under California law, the “pure comparative negligence rule” will determine how much compensation you can receive from the defendant. This rule states that any awarded damages you receive will be reduced by the percentage of your fault. For example, the jury may determine that your damages total $50,000. They also found that you were 40 percent responsible for your slip and fall accident. In this situation, you would receive $30,000 in awarded damages. Our attorneys will work hard to ensure that the majority of the fault lies with the defendant.
Even if your case does not head to trial, the “pure comparative negligence rule” will factor into your settlement negotiations. When negotiating your compensation amount, the property owner’s insurance company will use the shared fault rule to their advantage. Their settlement offer will reflect their view of your responsibility in your slip and fall accident. They want you to be concerned about what might happen if your case heads to court.
However, they are also worried about presenting their case in front of a judge and jury. This is why it is important to develop a strong case against the property owner. A Fairfield slip and fall accident attorney from our firm can conduct a thorough accident investigation and make sure that your case is rock solid. We are also comfortable handling the back and forth that happens during settlement negotiations. Nothing will deter us from helping you secure a fair compensation amount.
Seriously Injured? Contact Our Fairfield Slip and Fall Accident Lawyer Today
With slip and fall accidents, you never know how serious your injuries will become. You could be completely fine after the accident and experience severe pain a few days later. While every slip and fall injury is different, you should obtain legal representation if the property owner ignored his or her responsibility. Our Fairfield slip and fall accident lawyers can help you determine if the property owner is responsible for your injuries. We can also help you develop a strategy that gives you the best chance for a favorable outcome.
If you suffered an injury due to a slip and fall accident, then contact us online today or call (707) 425-0671 and schedule a consultation. During this meeting we will review your information and give you legal advice on how to proceed. We look forward to meeting you in person.