A trip and fall accident, whether at a rental property, public office, restaurant, hotel, retail store, or elsewhere can cause serious, life-changing injuries. When an individual is injured due to a negligent property owner or lessor of the property, the injured party may be entitled to compensation for pain and suffering, medical bills, lost wages, and other accident-related expenses.
At Child & Jackson, our trip and fall lawyers know how to conduct an in-depth investigation that will uncover the truth. We will use our decades of experience handling complex trip and fall accident claims to establish liability and hold the negligent property owner and their insurer accountable for the harm you have suffered.
Premises liability is the responsibility of property owners, occupiers, and managers, to maintain safe conditions for visitors and customers.
This area of the law is based on the concept of reasonableness. Essentially, a property owner must take reasonable steps to prevent an accident on their premises.
In a slip and fall claim, a plaintiff must prove that:
While the elements in a trip and fall claim may seem straightforward, they can be complex and challenging to prove.
Hiring the right legal representation for your trip and fall case can make all the difference in the outcome of your claim. At Child & Jackson, our dedicated legal team has the expertise, knowledge, and determination it takes to help you recover maximum compensation for your economic and non-economic losses.
Most property owners are covered by insurance policies designed to protect them in the event of a trip and fall accident. Unfortunately, dealing with an insurance company without legal representation often results in a settlement amount that’s not nearly enough to cover the total cost of your accident-related damages.
At Child & Jackson, our trip and fall attorneys are familiar with the tactics used by insurance companies to minimize payout or deny a claim. Our attorneys will not back down and will go above and beyond to help you obtain the compensation you’re owed.
A trip and fall accident can be caused by a variety of factors, from inadequate warning signs to improper maintenance. Depending on the circumstances of your case, many parties can be held liable for your injuries and the associated damages, including:
When you hire a trip and fall lawyer at Child & Jackson, they will conduct an in-depth accident to determine who was responsible. By identifying all liable parties, our attorneys can increase your chances of recovering maximum compensation.
Every trip and fall case is unique, however, the legal process often follows a general timeline.
The first step in the process is consulting an experienced trip and fall lawyer at Child & Jackson. During this consultation, an attorney will assess your case to determine if you have grounds to pursue compensation.
To win a trip and fall case, your attorney must prove that the party responsible was negligent in maintaining a reasonably safe environment. This will require collecting evidence that proves the property owner had a duty of care, violated their duty of care, and caused you harm.
To build a strong case, our trip and fall lawyers may use evidence such as:
After completing the accident investigation, your attorney will send a demand letter to the negligent party and/or their insurer. A demand letter outlines the legal basis for your claim and your damages. This step initiates settlement negotiations.
Your trip and fall attorney will enter into negotiations with the other party, with the goal of reaching a fair settlement.
If the insurance company refuses to make a reasonable settlement offer, our trial-tested attorneys will be prepared to represent you in court.
What Are Common Types of Trip and Fall Injuries?
While trip and fall injuries can vary from person to person, depending on the unique circumstances leading up to the accident, many victims sustain similar injuries, such as:
The victim of a trip and fall accident may be entitled to various types of economic and non-economic damages, such as:
Every case is different. Your trip and fall attorney will carefully investigate your accident and take into consideration the extent of your injuries, how your injuries have impacted your life, and many other variables, to accurately assess damages.
California operates under the comparative negligence rule. Under this rule, even if the injured party is 99% responsible for the accident, they may still be entitled to compensation, however, the compensation they recover will be reduced based on their percentage of fault.
Tripping and falling can happen to anyone, anywhere. It can be a painful, embarrassing experience, but it’s important to understand what steps to take after this type of accident for your health, safety, and legal protection.
After this type of accident, consider taking the following steps:
Your health comes first, so seek medical attention as soon as possible after you’ve been injured in a trip and fall accident. Even if you don’t believe that you’ve been seriously injured, you must be evaluated by a medical professional.
To document your injuries, take photos immediately after the accident.
Keep a journal to track:
At the scene of the accident, take photos of what caused you to trip, such as standing water, broken handrails, missing steps, or uneven flooring. It’s also important to keep all documentation you receive from any medical treatment related to your injuries.
After seeing a doctor, contact a trip and fall lawyer. They can explain your legal rights, assist with filing an insurance claim for damages, handle all interactions with the insurance company or defense attorney, and negotiate a fair settlement. They can also file a lawsuit on your behalf and represent you in court if the insurance company refuses to make a reasonable settlement offer.
If you were injured in a trip and fall accident that was caused by the negligence of another, contact Child & Jackson today to schedule a free legal consultation. Our trip and fall lawyers have decades of experience fighting insurance companies for the compensation our clients deserve and can provide the dedicated and knowledgeable legal guidance and advice you need during this difficult time. Contact us today to schedule your free legal consultation.
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