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With nearly a hundred thousand people currently calling Carlsbad home, there are plenty of businesses that provide products and services to the community. One thing all of those businesses, along with private residences and public properties, have in common is the requirement that they keep their visitors safe from hazards. Slip and fall accidents are often regarded as minor incidents. However, slipping and falling can result in life-changing injuries or even death.
If you were injured in a slip and fall accident, a Carlsbad slip and fall attorney from Gomez Trial Attorneys can help you make sense of the legal process to obtain compensation for the expenses and impacts you incurred because of your injury through a free case evaluation.
We have helped many people just like you.
Our results include:
While we cannot guarantee any results, contact Gomez Trial Attorneys today to see what we can do to help you.
Carlsbad slip and fall cases are based on state statutes which assert that a property owner is liable for injuries caused by his or her failure to ensure that the property was free from hazards. Slip and fall accidents are the most common type of premises liability claims and result from a visitor to the property tripping or slipping on something and falling.
More than a million slip and fall injuries result in a visit to the emergency department each year, according to the National Floor Safety Institute (NFSI). This type of injury is particularly dangerous for elderly people. For individuals between the ages of 65-84, falls are the second-leading cause of death. For those over 84, it is the leading cause of death.
Falls are also a major source of workplace injury and are the primary cause of fatal occupational injuries, as well as the primary cause of lost days from work. Falls account for about 16 percent of occupational injuries and 26 percent of the cost. Falls occur in jobs across the manufacturing and service sector, but are especially common in the construction and mining industries.
The Consumer Product Safety Commission reports that floors and flooring materials directly contribute to more than 2 million falls a year. Common issues pertaining to floors and flooring materials that cause falls include loose floorboards, uneven floors, torn carpet, freshly waxed floors, or liquid on the floor that makes it slippery.
Other causes of slip and fall accidents include:
Slip and fall accidents can result in some of the most serious injuries a person can endure. Among these serious injuries are bone fractures, which occur in approximately 5 percent of all falls. Here is a look at some of the more common injuries sustained in a slip and fall accident.
One of the most serious bone fractures one can receive from falling is a hip fracture, which occurs more often with older individuals. Half of all elderly people who fracture a hip in a fall will never live independently again after the injury occurs. Hip fractures are known to be quite painful and can result in dangerous complications including bedsores, blood clots, and pneumonia, as they limit an individual’s mobility.
Treatment of a hip injury almost always involves surgery within one to two days to relieve some of the immediate pain from the injury and to provide the patient with the ability to get out of bed. Physical therapy is also started as soon as possible to prevent complications associated with the injury. Many individuals will ultimately go on to receive rehabilitation treatment from a short-term nursing facility for a time before returning home.
Falls are the leading cause of traumatic brain injuries. The brain is an extremely important organ, responsible for sending messages through the spinal cord to the rest of the body to control both voluntary and involuntary responses. However, despite its importance, the brain has only a limited ability to heal from injury. Traumatic brain injuries (TBI) involve damage caused by a violent blow or jolt to the head or body that often results in permanent deficits that can render the individual unable to return to work, to live independently, or even to leave the care of a medical facility in some cases.
The type of deficits the individual suffers can depend not only on the severity of the injury, but also on the portion of the brain where the injury occurred. Common deficits include loss of memory; difficulty controlling one’s behavior, emotions, or impulses; difficulty speaking or understanding spoken language; problems with moving in a balanced or coordinated manner; depression and anxiety; and an inability to organize thoughts and ideas.
Much of the early part of treating a TBI is spent both stabilizing the patient, determining the natures and severity of the injury, and preventing complications. TBI complications can result in further damage as well as causing additional, dangerous conditions.
Some complications that individuals who have suffered a TBI can face include:
Falls are the cause of approximately 31 percent of all new spinal cord injuries. The spinal cord, along with the brain, makes up the body’s central nervous system. The spinal cord is a bundle of nerves that rests within the bony protection of the spine and extends from the base of the skull to the waist. It is responsible for sending messages to and from the brain to other parts of the body. Contrary to popular belief, a spinal cord injury rarely features a severed spinal cord. Instead, spinal cord injuries usually result in a damaged spinal cord. Unfortunately, like the brain, the spine has only a limited ability to heal after becoming damaged.
Spinal cord injuries usually result in a loss of sensation and function below the injury site, which is known as paralysis.
The injury can be:
Individuals who sustain an injury in the cervical (neck) region of the spine will usually lose sensation to all of the limbs, as well as the shoulders, chest and diaphragm, torso, hips, and pelvis. This level of paralysis is known as tetraplegia or quadriplegia. Individuals whose injury occurs lower in the spine, such as in the thoracic (chest) or lumbar (mid-lower back) regions of the cord, can expect paralysis in the lower extremities. This is known as paraplegia.
Spinal cord injuries are also often accompanied by severe complications that require a lifetime of medical care.
Some of those complications include:
While generally minor as far as injuries go, soft tissue injuries can range from strains and sprains to painful and complex tendon tears. The most common place for these injuries to occur in a slip and fall accident is in the ankles or wrists. Wrists are a frequent injury site in this type of accident because people have a protective instinct to outstretch their arms in an attempt to “catch” themselves when they are falling.
Falls can result in damage to the shoulders, neck, or back, including muscle strain, rotator cuff tears and dislocations in the shoulder, damage to the vertebrae or discs of the spine, or a broken collar bone.
The knees often experience damage in a slip and fall accident due to a twisting of the leg during the fall or landing on the knee in the fall.
Being seriously injured in a slip and fall accident can impact every facet of your life. For example, an individual with a traumatic brain injury may be expected to pay up to $3 million in medical care alone throughout his or her life, while also facing permanent deficits that render him or her unable to return to work or to earn the same income as he or she did before the accident. Spinal cord injuries can also result in extraordinary costs for medical care, as well as permanent deficits that can end a career. Both of these types of injuries, as well as hip fractures, can result in an inability for the person to live independently and complete self-care tasks on his or her own.
Beyond the costs, these types of injuries also result in profound emotional and psychological impacts. The injured individual can no longer participate in activities that he or she previously enjoyed. Family members often see a change in their relationship with the injured person as they assume caregiving responsibilities, and there can be a loss of self-confidence surrounding the injured person’s changed body and abilities.
If you have suffered a slip and fall injury in Carlsbad, read on for answers to some of the questions we are most commonly asked by our Carlsbad clients about slip and fall accidents.
These answers should provide some general guidance about the legal process of pursuing compensation for injuries you incurred because of a slip and fall accident. For answers to questions about your specific case, contact a Carlsbad slip and fall attorney from Gomez Trial Attorneys for a free case evaluation.
Private and commercial property owners, along with the agencies that manage public properties around Carlsbad, are responsible for ensuring that there are no hazardous features that could cause you to slip and fall or trip and fall while visiting. If you have been injured in a slip and fall accident, you may obtain compensation from a liable property owner through a lawsuit. This is a legal claim filed in civil court that seeks to show who was liable for your injury as well as what expenses and impacts to your quality of life have been incurred because of the injury.
You must prove four elements in a Carlsbad slip and fall case:
To determine whether the property owner was liable for your injuries, the at-fault party’s insurance provider or a jury will need to consider such factors as the location of the property; the likelihood that someone other than the claimant would suffer the same type of injury because of the hazardous condition; whether the owner knew or should have known of the condition and whether he or she took steps to mitigate the hazard. Contact an attorney at Gomez Trial Attorneys to get started on collecting evidence to support your claim.
In California, you are permitted to pursue both economic and non-economic damages after a slip and fall accident. Economic damages are compensation for the expenses you incurred from the accident.
Expenses that are commonly included in economic damage claims are:
Non-economic damages are payments made in compensation for the impacts that your injury has had on your quality of life.
Common impacts experienced by individuals who have been injured in slip and fall accidents include:
In limited circumstances, you may also be eligible to recover punitive damages. This type of damage is unrelated to the expenses and impacts of your injury and is instead awarded to punish a defendant who causes an individual to incur a slip and fall accident through malice, fraud, or oppression. Your Carlsbad slip and fall attorney can advise you if punitive damages may be available in your case.
In California, individuals who have been injured in a slip and fall accident generally have two years from the date of the accident to file a lawsuit in civil court. If your case is not filed by that deadline, you will likely be unable to recover damages for your injuries. However, it should be noted that if your case involved premises liability on the part of a local, state, or federal governmental agency, you will likely have different filing requirements and a different statute of limitations.
Your attorney will inform you if this is an issue that can impact your case. Because some of these claims against government agencies have filing deadlines of as little as six months, it can be imperative that you contact a Carlsbad slip and fall attorney as soon as possible to get started on your claim. Contact Gomez Trial Attorneys today.
In some cases, you may obtain compensation as a trespasser who slipped and fell on public, commercial, or private property. Unlike most states, California no longer recognizes different levels of duty that are owed to business invitees, licensees, and trespassers. Instead, courts consider how likely it was that a trespasser would have entered the property, the location of the property, whether the property owner/occupier kept the property in a reasonably safe condition, whether the property owner/occupier knew the hazard existed, and the seriousness of the injury.
While the determination of liability cannot be made without examining all of the details of your case, as a general rule, if you slipped and fell on public property due to a condition that the agency tasked with maintaining the property should have known about and should have repaired or warned you about, you can file a lawsuit against that agency.
Usually, workplace accidents are compensated through workers’ compensation benefits. Workers’ compensation is a type of no-fault insurance policy that most employers in California are required to provide for their employees. The receipt of these benefits generally waives your right to file a lawsuit seeking compensation. However, in some limited circumstances, a lawsuit would be your source of compensation after suffering injuries from a slip and fall accident at work.
These circumstances include:
We can help you determine whether to file a workers’ comp claim or whether you can file a lawsuit. We can handle both types of cases for you.
Slip and fall cases vary widely in both the severity of the injuries caused as well as the circumstances surrounding the accident. Because of this, there really is no average settlement.
Instead, these factors could potentially affect your case:
According to the Internal Revenue Service, awards and settlements received in compensation for a personal injury are not considered income and are not subject to tax. There are, however, some exceptions:
A Carlsbad personal injury lawyer can provide many services for you that an individual without training and experience in the legal system could not do on their own.
Those services include:
A determination of all sources of liability and all insurance resources that can be accessed to compensate you.
Let our Carlsbad slip and fall attorneys help you make sense of the legal process for obtaining compensation for injuries caused by a slip and fall accident. For your free case evaluation, contact us online or by calling 866-TRIAL LAW (866-874-2552).
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