Slip and fall accidents in Los Angeles are far from simple. Every day we receive questions from Angelenos who have been injured in slip and fall accidents through no fault of their own.
From the moments leading up to an accident, through seeking medical attention, all the way up to negotiating with the insurance companies or going to court, you’re sure to have many questions about your accident. That’s why the Los Angeles slip and fall lawyers at Salamati Law have prepared answers to the most common questions that arise in the aftermath of a slip and fall accident.
If you’ve been injured in a slip and fall accident in Los Angeles and have questions, please don’t hesitate to call Salamati Law for help. Consultation is always free, and we’d love to help get you on the road to recovery.
- Compensation & Insurance
- Evidence & Proof
- Legal Questions
- Liability & Fault
- Injuries & Medical Questions
Compensation & Insurance
Q: Does Homeowners Insurance Cover Slip and Fall Accidents in California?
A: If a slip and fall accident occurs at a private residence in California, homeowners insurance may cover it if the property is insured. The key questions are whether there was a valid policy in place at the time and whether the property owner was negligent.
Q: How Will I Pay My Medical Bills After a Slip and Fall Accident in LA?
A: After you are hurt in a slip and fall accident– get the necessary medical care you need to treat and recover from your injuries. The reality of how you will pay for those medical services will typically set in several weeks or months after the accident. This is when hospitals and doctors’ offices start calling you for payment or threaten to put your accounts into collection.
Q: What Compensation Can I Get in a Los Angeles Stairwell Slip and Fall Case?
A: It is almost impossible to correctly forecast the amount of compensation you can recover in a slip and fall lawsuit. Many factors go into these cases– which makes for a large number of possible outcomes. Given the severity of the injuries that often come with a slip and fall, it is not unusual for these claims to result in substantial monetary compensation.
Q: What is the Average Slip and Fall Settlement in California?
A: If you have suffered an injury in a slip and fall accident through no fault of your own, it is natural to wonder what a personal injury settlement might be worth. After all, you could be facing a mountain of medical debt, depending on the severity of your injuries. Dealing with these expenses is often complicated further by missing work due to your injuries.
Q: Can I Sue for Loss of Income After a Slip and Fall Injury?
A: One of the often-overlooked areas of damages after a slip and fall accident is lost wages. Under California law, an injured party is allowed to sue to recover of both past income and future lost earnings. What is known as “lost wages” is both the lost earnings that have already taken place at the time of the settlement or trial, and the lost earning capacity. “Lost earning capacity” is the reduction in the amount that the plaintiff will likely make in the future due to the accident.
Evidence & Proof
Q: Can a Building Code Violation Help Prove My Slip and Fall Claim?
A: Evidence of a building code violation can be powerful evidence in your slip and fall claim. State and local building codes provide minimum standards for both the maintenance and construction of a building– a violation of these standards usually represents a risk of serious injury.
Q: How Can an Accident Report Help My Slip and Fall Lawsuit?
A: It’s important to report your slip and fall to the property owner or business as soon as possible after your accident to immediately establish your side of the story. If you delay in reporting the accident, it could give room to the insurance company to contradict your version of events and argue that your injuries had another cause.
Q: How Can Video Footage Help My Slip and Fall Case?
A: If you are injured in a slip and fall accident due to the wrongdoing of another party, the defendant may have a completely different version of the facts than you do. For example, the defendant may claim that there were no dangerous conditions that caused you to slip, or that you trespassed into an area in which you were prohibited to enter. Video recordings taken during or right after your accident can provide strong evidence to support your story and diminish the defendant’s credibility.
Q: How Do You Prove Fault in a Slip and Fall Accident?
A: Plaintiffs in successful slip and fall lawsuits must establish the defendant’s duty of care, the existence of a dangerous condition, injury resulting in financial loss, and reasonable evidence to support the defendant’s knowledge of the hazardous condition. It’s not always easy to do this, but in most cases, an experienced slip and fall lawyer in Los Angeles can help you collect compelling evidence to support your claim.
Q: Why Are Medical Records Important in a Slip and Fall Lawsuit?
A: If you file a slip and fall lawsuit, your medical records will play a vital role in determining whether or not you will secure compensation via a settlement or jury award. This is because your medical records can prove that the fall directly caused your injuries. Furthermore, your hospital bills will substantiate your demand for compensation.
Q: What Evidence Do You Need in a Slip and Fall Case?
A: Every year, thousands of people are injured in accidents where they slip and fall due to the negligence of another party. You might slip on a slick surface in a store or office building, because no one has cleaned up rain water or the shattered glass and liquid from another customer’s dropped purchase — or any one of the multiple things that cause a slip and fall.
Legal & Procedural
Q: Are Slip and Fall Cases Hard to Win?
A: Like with any personal injury claims, there are challenges that can come with slip and fall lawsuits. That does not mean slip and fall cases are hard to win, however. In many cases, injuries stemming from a slip and fall can result in a quick financial settlement. The specific facts of each claim will ultimately determine whether a slip and fall lawsuit is successful.
Q: How Do I File a Slip and Fall Lawsuit in California?
A: Premises liability law governs accidents on private or public property where the owner or property manager failed to take reasonable precautions to keep the grounds free of dangerous conditions. When you’re hurt in a slip and fall accident in California, it’s in your best interest to seek legal counsel right away. Victims may be eligible to file a lawsuit for compensation, but there are deadlines and procedural requirements in place.
Q: How Do I Know if I Have a Slip and Fall Case?
A: Everyone has fallen at some point in their life. These falls are so common that many fall victims incorrectly assume they have no legal recourse if they suffer injuries. While not every slip and fall accident will result in a successful lawsuit, a fall victim could be entitled to compensation if the property owner or occupier is to blame.
Q: How Long Will My Slip and Fall Case Take?
A: The consequences of an injury from a slip and fall accident can alter your life instantly. From one moment to the next, you could go from maintaining employment and meeting your own daily needs to requiring assistance with simple tasks while unable to work. The repercussions of an injury can be immediate, but financial relief from a California slip and fall claim can take time.
Q: What Are the Defenses to Slip and Fall Claims in California?
In California, a property owner is not automatically liable for injuries in all slip and fall accidents that happen on their premises. Every experienced Los Angeles slip and fall lawyer will tell you that these claims can be derailed if the injured party ignored warning signs, took unnecessary risks that contributed to their injuries, or trespassed where the injuries occurred.
Q: What is the Difference Between a Slip and Fall and Trip and Fall?
A: A slip and fall accident typically causes very different injuries than a trip and fall. Apart from their divergent fact patterns and resulting injuries, both types of cases are based on the same legal standard that assigns liability for an accident victim’s injuries to the owner or manager.
Q: What is the “Open and Obvious” Doctrine in a Slip and Fall Case?
A: If you are injured in a slip and fall accident, you should be aware that one of the common defenses of the property owner is the “Open and Obvious” doctrine. This defense argues that the defendant should be shielded from liability because the dangerous condition which caused you to slip and fall was reasonably obvious.
Q: What is the Statute of Limitations for a Slip and Fall Case in California?
If you suffer a severe bodily injury after falling on another person’s property, you might have a valid claim for monetary compensation through the California legal system. However, there is a limited window of opportunity to do this. Like all civil cases, you must comply with the statute of limitations– which is two years for slip and fall accidents.
Q: What Questions Will I Be Asked at My Slip and Fall Deposition?
A: When you file a slip and fall lawsuit, you must answer questions posed by the defense attorney under oath. This procedure is known as a deposition. The questions revolve around how the accident occurred and your subsequent injuries. The process begins with basic background questions, such as educational level and job history. The questions may include whether you, the plaintiff, have a criminal background.
Q: What Should I Look for in a Slip and Fall Lawyer?
A: If you were seriously hurt in a slip and fall due to negligence, you need a lawyer well-versed in this area of premises liability. It is also crucial to seek legal assistance as soon as possible. Since personal injury lawyers generally offer free consultations, take the opportunity to interview several prospects before making your decision.
Q: Why Do I Need a Lawyer After a Slip and Fall Accident?
A: Slip and fall is a complicated area of law. Even in the most clear-cut cases, the property owner or their insurance company will fight any claims and allege you were liable. Many of these accidents happen at large shopping malls, hospitals, hotels, and other properties. Not only are you facing a battle with major insurance companies, but more than one entity may prove liable.
Q: Will I Have to Attend a Deposition for My Los Angeles Slip and Fall Case?
A: You could be required to attend a deposition for a slip and fall lawsuit. This is the case when you pursue any personal injury claim. It can be an integral part of the discovery process. In addition to sitting for a deposition, you may also have to answer a series of written questions during the lawsuit’s discovery phase.
Q: Will My Slip and Fall Case Go to Trial?
A: If you have been hurt in a slip and fall accident, it is within your legal right to seek compensation with the help of a Los Angeles slip and fall lawyer. The fear of going to trial or having to take the stand in one’s own defense is mostly unjustified. Though the circumstances surrounding the accident are often disputed, it is in the best interest of both parties to work toward a swift resolution at minimal expense.
Q: What Should I Do After a Slip and Fall Accident in California?
A: People who have slipped and fallen might not be sure what to do right after the accident happens. In fact, they may want to get to a doctor right away, especially if they are bleeding or feel they have broken a bone, twisted an ankle, or otherwise hurt themselves.
Liability & Fault
Q: Can I Still Sue for a Slip and Fall If There Was a Wet Floor Sign?
A: If you suffered an injury in a slip and fall on a wet floor when a warning sign was posted, it could be more difficult– though not impossible– to sue for compensation. The property owner or manager has specific responsibilities, and a wet floor sign may fulfill them, providing a defense to your claim.
Q: Can I Sue After Falling Down the Stairs?
A: By one measure, more than one million people suffer injuries in the United States every year from falling on or around stairs. When those falls are the result of a property owner’s failure to keep them clean and free of hazards, the victim can sue the owner to recover compensation for their injuries. An individual might also have a claim against other parties for defective construction or installation.
Q: Can I Sue if My Loved One Died in a Fatal Slip and Fall Accident?
A: Wrongful death lawsuits aim to provide financial compensation for the economic and non-economic losses incurred by family members. However, because someone died in a slip and fall accident–does not necessarily mean that the property owner is liable.
Q: Can I Sue the Landlord for a Slip and Fall in an Apartment Building?
A: If you slip and fall in an apartment building, you may be able to sue the landlord. Personal injury lawsuits based on what is known as premises liability require proof of negligence. Whether you can sue the landlord comes down to whether they failed to keep the property safe.
Q: Could Poor Lighting Have Caused My Slip and Fall Accident?
A: Poor lighting can be a hazard that may contribute to a slip and fall accident. It can also increase the defendant’s liability, making it more likely you will prevail on a personal injury claim.
Q: What if I’m Partially at Fault for My Slip and Fall Accident?
A: Slip and fall accidents happen. Under our fault-based system, parties who were negligent leading up to your slip and fall accident, meaning they breached a duty, may be held legally responsible for your damages. However, that also means that if your negligence contributed to your slip and fall accident, you are liable for your medical bills and other losses– in proportion to your degree of fault.
Q: Who Is Liable for a Slip and Fall Accident in a Nursing Home?
A: Almost 400,000 individuals live in California’s 1,200 licensed nursing facilities. The vast majority of them provide exceptional elder care for their residents. Notwithstanding that care and the efforts of the facilities’ staff, our elders continue to suffer injuries in nursing home slip and fall accidents.
Q: Who is Liable for a Stairwell Slip and Fall Accident in Los Angeles?
A: If you suffer an injury in a stairwell slip and fall, you could be entitled to compensation if you can establish that another party’s negligence was responsible. Often, that involves a claim against the owner or manager of the building in question. Slip and fall accidents are one of the leading causes of injury in the United States. Falls that occur on stairways can be especially dangerous. Usually, the greater the height a person falls from, the more severe the damage.
Q: Who Is Liable if I Slip and Fall in a Parking Lot?
A: The City of Los Angeles has more than 27 square miles of parking lot space. People walking through them are typically watching for cars and rushing to or from their destinations. It is no surprise that so many California slip and fall accidents happen here.
Q: Who is Responsible for Slip and Fall Accidents at the Airport?
A: Plane crashes and acts of terrorism are most likely to come to mind when you think of injuries at the airport or on planes. But many other, less violent accidents occur every day at airports and planes around the world. In fact, airports are prime locations for slip and fall accidents, given that they are typically chaotic places full of hectic passengers rushing to get to their gates on time.
Q: Who is Liable if I Slip and Fall on a Wet or Waxed Floor?
A: Unfortunately, slip and fall accidents on a wet or waxed floor can be more than sudden. They can be extremely dangerous. Slipping and falling can cause fractures, sprains, concussions, traumatic brain injury (TBI) and lacerations. They can cause people to lose time from work and suffer the economic consequences.
Q: Who is Liable for Slip & Fall Accidents in California Hospitals?
A: Hospitals are a place to visit for medical care and healing but they can also lead to injuries. Both patients and visitors can experience on-site injuries from slip and fall accidents. When this happens, the next logical question is, who is liable? For a few reasons, the answer is not completely straightforward.
Injuries & Medical
Q: Should I See a Doctor After My Slip and Fall Accident?
A: Seeking immediate medical attention is the ideal scenario if you think you may decide to file a slip and fall lawsuit in the future. There is no legal definition for “immediate,” but the consensus is that you should see your doctor within 72 hours. At the most, you want to be seen within four days of the accident, and then contact a personal injury lawyer afterwards.
Q: What are FOOSH Injuries in a Slip and Fall Case?
A: FOOSH injuries in a slip and fall case are the injuries that result when you Fall On an Out-Stretched Hand. FOOSH injuries are common in slip and fall accidents when victims use their hand(s) to attempt to break their fall, and they can cause serious and even permanent harm to the victim’s fingers, hand, arm, elbow, or shoulder.
Q: What Are the Most Common Hand Injuries After a Slip and Fall Accident?
A: The most common hand injuries include fractures of the hand, wrist, and fingers and sprains of the wrists and thumbs. These are serious injuries that may keep you out of work for a significant amount of time. What’s more, they can lead to lasting complications, such as nerve damage or even osteoarthritis.
Q: Why Are Hip Fractures After Slip and Fall Accidents So Dangerous?
A: A hip fracture can be a critical injury for anyone, but it is especially hazardous for older people. If you are 65 or older, then a hip fracture can have life-changing consequences. Many hip fractures never completely heal, which can affect a person’s long-term mobility and quality of life. The injury can permanently weaken a person’s bones and joints, make it hard for them to take proper care of themselves, and even reduce their expected lifespan. That’s why it is so imperative for property owners to work to reduce the risk of slip and fall accidents.