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When you visit a property, from hotels to stores, you expect a safe experience: one free of hazards that could cause serious injury. Solana Beach is known for its beach-front shops, restaurants, bars, and hotels, and all of these establishments owe it to their patrons to maintain a safe environment. Maybe you’re looking for local boutiques or larger chain stores in the Cedros Design District, the Solana Beach Towne Centre, Boardwalk Solana Beach Shopping Center, or Solana Beach Plaza. Maybe you’re getting groceries at the local Vons. Regardless, you expect to make it home in one piece.
Sadly, due to a business’s negligence, you may suffer a slip and fall with serious injuries. Your entire life may change as a result of a single injury. Medical appointments take over your days. Anxiety about your recovery and the associated costs cloud your nights. Many slip and fall accident victims either temporarily or permanently lose the ability to work.
A Solana Beach slip and fall claim may not restore your former life, but it can provide you with the funds you need to cover your medical expenses and rebuild your life following a serious accident. Contact our Solana beach personal injury lawyers at Gomez Trial Attorneys today for a free consultation regarding your claim.
At Gomez Trial Attorneys, we have extensive experience working with slip and fall claims throughout California.
The compensation you ultimately receive following a slip and fall accident will vary based on several factors, and Gomez Trial Attorneys does not guarantee any favorable results in your slip and fall accident claim. We do, however, work hard to increase the odds that our clients will receive fair compensation for injuries suffered in a slip and fall accident due to the negligence of another party.
Some slip and fall injuries can cause substantial limitations that stay with victims for the rest of their lives. Many victims cannot simply shake off a slip and fall accident and may, in fact, find the symptoms of their injuries lingering long after the initial accident.
In a slip and fall accident, victims may not have time to control the fall and prevent themselves from hitting their heads. They can stumble forward into objects around them, slide backward, suffer a blow to the head because of the position of stairs around them during the fall, or even suffer injuries when the head makes contact with the floor. Even victims with mild to moderate traumatic brain injury can have symptoms more than a year after the accident. Victims with severe traumatic brain injury may never fully recover their cognitive processing abilities.
Traumatic brain injury has the potential to impact every area of a victim’s life. Victims may suffer physical, mental, and/ emotional impacts of their injuries. Victims may, for example, note ringing in their ears or suffer headaches long after the initial accident. They often suffer memory loss; just as common as the loss of long-term memories often portrayed in movies and television shows, victims may suffer short-term memory loss that can make it incredibly difficult for them to function normally.
Victims may also suffer a loss of focus and concentration, which can make it difficult to function in their normal job responsibilities. Some victims suffer emotional regulation challenges that leave them struggling to react appropriately to emotional stimuli. They may also suffer personality changes as a result of their injuries.
Many victims of traumatic brain injury have significant struggles at work following their injuries. Others cannot return to work at all until they progress further in their recoveries. Some may lose the ability to ever return to their former job roles.
In a slip and fall accident, if the victim falls with a great deal of force or from a significant height, spinal cord injury can result. Victims with spinal cord injuries often end up confined to wheelchairs for the rest of their lives. The severity of paralysis often depends on the site of the injury; victims with high spinal cord injuries may lose function in the arms and hands, while victims with low spinal cord injuries may only lose function below the waist. In addition to the loss of control of the limbs, victims may have to deal with decreased organ function.
Even incomplete spinal cord injury, in which the spinal cord does not sever completely, can cause severe, ongoing issues for a victim. Many victims struggle with decreased mobility or decreased organ function below the site of the injury. While some victims with incomplete spinal cord injury learn how to compensate for their injuries and get around with the assistance of crutches or braces, others may still need to use a wheelchair.
Spinal cord injuries may keep victims out of work for a long time as they learn how to cope with their injuries. Victims often require extensive physical and occupational therapy during their recovery. Victims who work in highly physical professions, on the other hand, may not have the ability to return to work.
Many victims of slip and falls suffer broken bones as they strike the ground. Some victims suffer breaks in their hands and arms as they try to stop their falls. More seriously, older victims, in particular, may suffer hip fractures. Hip fractures can make it extremely painful for the victim to either stand or sit during recovery. Many victims, including elderly victims, may never fully recover their independence or mobility following a hip injury. In fact, some may need to use a wheelchair to get around.
Hip fractures can make it very difficult for victims to get around. They may suffer a sense of isolation due to their inability to join friends and family members in activities that they usually enjoy. Some victims become bedridden due to the extent of their injuries.
To file a Solana Beach slip and fall claim, an attorney will work to establish who caused or contributed to your accident. Most often, in a slip and fall accident, the premises owner bears liability for your injuries. In some cases, however, the business or individual operating on the property may also share liability for your injuries.
For example, in a Solana Beach store rented by the company, both the store and the property owner may bear liability for poorly-maintained stairs that lead to a slip and fall. Likewise, if you suffer a slip and fall at a convention due to poorly-placed equipment or wires, the company that placed that equipment may bear liability for your accident. Consult an attorney to get a better idea of who may share liability for your slip and fall.
Many victims who suffer slip and fall accidents on private property wonder if they have any grounds to file Solana Beach slip and fall claims. Property owners, including homeowners, usually carry property insurance that helps protect accident victims who suffer serious injuries on the properties due to the owners’ negligent actions or inactions. Consult an attorney to learn more about whether you have the right to file a Solana Beach slip and fall claim after sustaining an injury on another party’s property.
Most slip and fall accident victims want to know how much they can receive in compensation for their injuries. They may have suffered serious injuries and be facing high medical bills that they need to deal with after their slip and fall accidents. An attorney cannot offer a solid guarantee about how much compensation you will ultimately receive for your injuries. Most victims, however, claim the same basic expenses as part of their claims.
Your slip and fall accident may leave you with substantial medical expenses that continue to add up for months after the accident itself. While the party that caused your accident will not pay those bills directly, you can receive compensation for your medical expenses. In fact, in most Solana Beach slip and fall claims, the victim’s medical costs form the basis for the claim.
Calculate the cost of all of the medical care you needed following your accident. Make sure you keep up with all of your bills; in some cases, including the need for surgery following your slip and fall accident, you may receive multiple bills for a single procedure. A surgical bill, for example, might come from the anesthesiologist as well as from the doctor who performed your surgery.
Your medical costs may also include:
Many slip and fall accident victims cannot return to work immediately due to their injuries. Victims with broken hips, for example, may need time to get their pain under control and improve their mobility and function before going back to work. A victim with traumatic brain injury may need to recover some cognitive functions before getting back to work. In some cases, severe injuries may even prevent a victim from returning to work altogether.
Your lost wages may depend on your employer as well as on your injuries. Some employers will make accommodations to get an employee back to work as quickly as possible. Others, however, prefer that employees stay home until they can perform their usual job duties, even if that means waiting longer to return to work. Work with an attorney to decide how to include lost wages as part of your accident claim.
The money from a Solana Beach slip and fall claim cannot reduce your pain and suffering, nor can it restore the things you had to miss out on during your recovery. It can, however, provide much-needed compensation that can help you rebuild your life and remain more comfortable during your recovery. Typically, the insurance company that covers the liable party in your slip and fall accident will offer compensation for pain and suffering based on a percentage of your medical expenses.
The way the accident affects you, however, can also have an impact on the compensation you receive for pain and suffering. Did you suffer the loss of companionship or relationships due to your injuries? Did you have to miss out on important events you planned to attend? Do your injuries cause severe ongoing pain and suffering? Contact an experienced Solana Beach slip and fall attorney to learn more about how to include pain and suffering as part of your claim after a slip and fall accident.
An attorney offers many advantages when you have a slip and fall accident claim against a party who negligently caused your injuries.
Most people slip or trip and fall at least a few times in their lives. Slips, trips, and falls can happen in an instant, but the consequences may last a lifetime. Slip and fall accidents are a leading cause of injury for all age groups, especially among older adults. These accidents are the second-most common cause of non-fatal injuries for individuals ages 10 to 24. Such accidents may happen when a victim slips and falls, perhaps because of a hazard, such as water, ice, or other liquids. Often, individuals fall backward.
Falls are the leading cause of emergency treatment, accounting for over 8 million emergency room visits each year. Approximately 12 percent of these constitute slip and fall accidents, which can cause severe injuries and even death. Death rates from falls are on the rise and have increased by 30 percent in recent years. According to the National Safety Council, 6.7 falls per 100,000 people took place in California. These accidents are extremely costly, and the financial burden may prove devastating. Furthermore, many slip and fall accidents are preventable.
The most common type of slip is a heel slip when, at the end of a stride, the heel slides forward and the momentum causes the person to fall. In another scenario, the person’s trailing foot slips at push-off. In this case, the person is less likely to fall.
Some of the most common causes of slip and fall accidents include:
Other common causes include:
According to the Centers for Disease Control and Prevention (CDC), one out of five falls causes a serious injury. The type and severity of the injury depend partly on the height of the fall, but there really is no safe height.
Some of the most common types of injuries include:
To recover compensation for a slip and fall injury, you must establish that someone else was at fault for your accident. The classification of the injured person is important. There are three legal classifications for individuals on someone else’s property. This classification depends on the implied consent given to the visitors to enter the property. They are (1) business visitors, such as restaurant or department store customers, (2) social guests, such as friends and family, and (3) trespassers who have entered the property without permission. Because trespassers are uninvited, property owners owe less of a duty of care.
To determine the classification of an injured person, the court may consider:
There may be one person or more than one person responsible for the property.
In a premises liability lawsuit, the defendant(s) may include the:
Many slip and fall accidents happen at work. In that case, the injured person may qualify to file a workers’ compensation claim to pay medical bills and replace lost wages. When an employer provides workers’ compensation insurance, the employee generally cannot sue the employer in the event of a slip and fall. However, if someone other than the employer caused the fall, the employee may qualify to bring a lawsuit against that person or company.
Slip and fall injuries may also happen in federal, state, or local government buildings. Slip and all claims against a governmental body are complicated and have special deadlines.
Claims resulting from a slip and fall accident generally arise from the theory of negligence, which is an action or failure to act by a person or entity who owes a duty of care to a plaintiff.
Under California law, property owners and property occupiers—including businesses that are renting commercial space—have a legal obligation to look out for the safety of customers and other invited individuals. If a property owner fails in this obligation, and a person suffers an injury as a result, the victim may be eligible to seek compensation. Establishing fault in a premises liability claim is not a simple matter.
Plaintiffs must prove the following:
Someone who owns, possesses, or controls property must take reasonable care to maintain and inspect the property, to correct any potentially hazardous conditions, and/or to provide sufficient warnings of any dangerous conditions. A property owner or occupier who is negligent in failing to keep the property in a reasonably safe condition may be liable for any injuries sustained on the property. The injured party may file a Solana Beach slip and fall lawsuit against the property owner for damages.
California no longer has an attractive nuisance doctrine, which states that property owners may face liability if there is something on the property that draws children in, but also poses a danger to them, such as a swimming pool, playground equipment, or construction equipment. There are no special instructions for homeowners regarding trespassing children. However, California property owners have a general duty to keep their properties reasonably safe.
When considering this issue, a court will consider factors, such as:
Each case is unique, but there are a few important types of evidence that you will probably need to prove your case.
When a slip and fall injury is the result of negligence, the injured party may sue to recover compensation for harm related to the accident.
Damages may include:
If you were injured due to someone else’s negligence, you should:
Use caution when talking about your accident. Even though falls may feel embarrassing, it is best not to apologize for your injuries or blame yourself. The defense may use such statements against you later in the event of legal action. Also, avoid posting comments or photos about your accident on social media.
All states have a window of time, known as statutes of limitations, during which injured individuals must file their lawsuits. Therefore, to obtain full and fair compensation for your injuries, it is important to consult an attorney promptly. If you or someone you love has been injured in a slip and fall accident, you need to speak with an experienced, compassionate Solana Beach slip and fall accident lawyer. For more information or a free consultation, call Gomez Trial Attorneys.
If you suffered serious injuries in a Solana Beach slip and fall accident, we can help you determine your eligibility to file a claim.
Contact Gomez Trial Attorneys today at (619) 237-3490 to set up your free consultation.
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