Were you injured in a slip-and-fall accident in California?
Los Angeles personal injury attorney David Woolf wants to win you the largest settlement possible in your case.
Below David answers your frequently-asked-questions:
- 1. I just fell – what next?
- 2. Can I still sue if I was partially to blame?
- 3. How big will my settlement be?
- 4. Whom do I sue?
- 5. How long do I have to file suit?
- 6. Is an attorney really necessary?
1. I just fell – what next?
If you just suffered a slip-and-fall, follow these eight steps:
- Do not tell the people around you that you were to blame for falling or that you are uninjured. Both may be untrue.
- Get medical help if necessary.
- Take photographs and videos of your injuries (if any).
- Take photographs and videos of the spot where you slipped – such as a wet floor, wrinkled carpet, broken stairwell step, defective escalator, uneven paving stone, etc.
- If applicable, take a sample of the substance that you slipped on.
- Collect the contact information of any eyewitnesses who saw the accident and/or the dangerous condition that caused you to slip.
- Write down everything you remember about the incident, including the weather, the time, your pain level, the shoes you were wearing, and any other details.
- Call a personal injury lawyer as soon as possible.
2. Can I still sue if I was partially to blame?
Absolutely. California’s comparative fault laws allow slip-and-fall victims to pursue legal remedies even if they were partly at fault, such as by:
- Running in an area meant for walking;
- Texting or talking on the phone while walking;
- Walking while inebriated from drugs or alcohol;
- Looking up while walking (such as during sight-seeing); and/or
- Wearing uncomfortable, worn-out, or impractical shoes, like high-heel stilettos
In many cases, slip-and-fall victims are embarrassed and quick to blame themselves even when they did nothing wrong. A personal injury attorney will investigate the matter, using an accident reconstruction expert if necessary. And the truth may emerge that the victim is in fact blameless and entitled to a full monetary recovery.
3. How big will my settlement be?
An experienced accident attorney will pursue as much money damages as possible to reimburse victims for all of their:
- Medical expenses, including hospital visits, clinical visits, home health care, medications, rehabilitation, leg braces, etc.;
- Lost wages from being too injured to work;
- Lost earning capacity from being too injured to work in the future; and/or
- Pain and suffering, which is often the biggest expense
Even a seemingly minor slip-and-fall could result in a large financial settlement. And a good personal injury lawyer will follow every legal avenue to achieve the maximum payout.
4. Whom do I sue?
Depending on the circumstances, typical defendants in slip-and-fall lawsuits include any or all of the following:
- The owner of the venue where the plaintiff (victim) fell. So if the fall occurred in a hotel lobby, the defendant would be the hotel chain because the hotel has premises liability.
- The person who caused the slip-and-fall hazard. So if a spilled drink caused the fall, the defendant could sue the person who spilled it.
- The construction company or interior decorator that chose the slippery floor.
- The maintenance company that failed to keep the floor free of hazards or forgot to put out a “Caution: Wet Floor” sign.
In short, a personal injury attorney will strategically go after all the parties that may be to blame and who also have deep pockets.
5. How long do I have to file suit?
Victims of a slip-and-fall accident generally have two years after the injury to file a negligence lawsuit in California. That sounds like a lot, but personal injury attorneys need time to conduct an investigation and craft a winning case. Therefore, victims are advised to consult with legal counsel as soon as is practical following the accident.
Learn more about statutes of limitation.
6. Is an attorney really necessary?
Accident victims are advised to retain legal counsel for the following three reasons:
- Fighting a winning lawsuit takes legal know-how, extensive resources, and large blocks of time. Accident victims are busy enough trying to heal and return to their normal lives without also having to quibble with insurance defense attorneys who have no motivation to settle quickly because they get paid by the hour. An attorney can take care of all of the legal work so victims can focus on moving on.
- Going up against insurance companies is intimidating. They may try to bury plaintiffs in paper, threaten to counter-sue, and/or make insultingly low settlement offers. But experienced personal injury lawyers remain undaunted and know how to fight through these scare tactics. And the reality is that plaintiffs who have an attorney fighting for them often win more money than plaintiffs who go it alone.
- A good personal injury attorney will not take a cent in payment unless and until the lawsuit is won. This way, the victim has nothing to lose and everything to gain.