Temecula Slip and Fall Attorney
All San Diego Case Types
Slip & Fall
Temecula Slip and Fall Lawyers
Severe slip and fall accidents can result in dangerous injuries that lead to lifelong complications, often devastating families emotionally and financially. In the worst-case scenario, medical expenses and lost wages from a severe fall injury can lead to bankruptcy, foreclosure, massive credit card debt, vehicle repossessions, and struggles to pay monthly expenses and meet day-to-day needs.
California law entitles slip and fall accident victims to sue negligent property owners for damages related to slip and fall injuries in civil court, which may alleviate some or all of the financial burden. If you or your child has sustained injuries on another person’s property or at a place of business in Temecula, contact the skilled Temecula slip and fall attorneys at Gomez Trial Attorneys online or at (619) 237-3490 for a free case evaluation. You can discuss your injuries with a lawyer, learn about your eligibility for compensation, and determine the best path forward for your particular circumstances.
Gomez Trial Attorneys’ Results in Slip and Fall Accident Cases
The Temecula personal injury lawyers at Gomez Trial Attorneys have extensive experience negotiating, settling, and litigating accident injury claims for our Temecula clients, including those who have sustained injuries in a slip and fall accident. The firm’s continued dedication to client advocacy and professional excellence has led to the recovery of tens of millions of dollars in settlements and jury verdicts for clients and their families.
Our recent results in slip and fall accident cases include:
- $16,200,000 settlement
- $16,200,000 jury verdict
- $7,500,000 jury verdict
- $2,100,000 settlement
- $2,000,000 settlement
- $2,000,000 jury verdict
- $1,250,000 settlement
- $1,000,000 settlement
- $780,000 jury verdict
The results above for slip and fall accident clients are only examples and do not guarantee a specific outcome for your case. Each claim has distinctive facts and circumstances that increase or decrease its value, making it impossible to predict an exact financial outcome.
Nonetheless, the experienced slip and fall lawyers at Gomez Trial Attorneys have the resources and experience to build a strong case against the negligent property owner responsible for your slip and fall accident, giving you the best chance of a positive outcome for your claim.
Temecula Slip and Fall Accidents Occur for Many Reasons
You may not usually have to worry about slipping on ice in Temecula, but other hazards can lead to a slip and fall accident, including:
- Run-down buildings with unsafe floor coverings such as loose carpet, broken floorboards, broken tiles
- Old, rotted, loose, or broken steps and handrails
- Debris in driveways, parking lots, or near the entrance of a business
- Wet product use or spillage from water, floor wax, oil, food, and floor cleaner
- Dry product use or spillage such as dirt, sand, powder, sawdust, hay, and granules
- Broken or malfunctioning escalators
- Unkempt walkways including uneven or cracked sidewalks and walking trails
Liability in Temecula Slip and Fall Accident Claims
You, with the help of an attorney, need to demonstrate the property owner that caused your slip and fall is responsible for your ensuing injuries. If your case goes to trial, you must prove negligence to the court.
Lawyers and insurance companies sometimes can easily prove negligence in slip and fall cases. Other times, claims have many moving parts that make them complex and underscore the need for an experienced legal team.
Receiving a settlement or jury award in California after a slip and fall accident specifically requires that you prove:
- The person you are suing owns or manages the property where you were injured.
- The person you are suing acted negligently by not properly maintaining the property or did not warn you of known dangers.
- You suffered harm as a result of the person’s negligence.
- The negligence caused your injuries.
Proving negligence amounts to placing financial liability on the property owner, who has a legal obligation to maintain his or her premises for visitors. Negligent property owners who do not meet their obligation put visitors at risk for slip and fall accidents and accompanying injuries.
Factors that attorneys, insurance representatives, and courts examine to determine liability include:
- How likely is a person to slip and fall given the particular circumstances?
- How severe could an injury be given the circumstances?
- Did the property owner know about the condition that led to the slip and fall accident?
- Where is the property located?
- How much of a financial burden is it for the property owner to remove the hazard or fix the area where the accident occurred?
- How much control does the actual property owner have over the dangerous condition that led to the accident?
Recovering Damages for Slip and Fall Accident Injuries
When you sustain injuries in a slip and fall accident because of a negligent Temecula property owner, California law provides an opportunity to recover damages related to your accident injuries. You deserve compensation when someone else’s failure to act causes you harm. You may bring a slip and fall lawsuit against the property owner.
If you reach a settlement with the owner’s insurance carrier or the jury rules in your favor, you may receive compensation for some or all of the following damages incurred as a result of your slip and fall accident injuries:
- Medical expenses including your ambulance ride if applicable, emergency room visit, hospital stay, X-rays, surgery, aftercare, prescriptions and travel expenses to and from the hospital
- Estimated future medical treatment costs when a slip and fall accident causes a permanent injury that requires continuing treatment and around-the-clock care
- Rehabilitation expenses for specialized treatment such as working with a physical therapist, occupational therapist, mental health professional, or any other specialist who assists patients to rebuild muscle, regain lost function, work through the trauma of a permanent injury, and physically cope with a permanent disability
- Costs for assistive devices like wheelchairs, walkers, and canes
- Lost wages and benefits for missing work as a result of slip and fall accident injuries, hospitalization, and recovery
- Lost earning capacity when a slip and fall accident leads to a permanent injury rendering it impossible for an accident victim to return to work at any time in the future
- Expenses for modifying a slip and fall accident victim’s home to make it more accessible with features such as a wheelchair ramp, handrails, and grab bars
- Physical pain and suffering
- Emotional pain and suffering
- Loss of consortium if applicable
- Reduced quality of life
- Punitive damages when a property owner intentionally caused a slip and fall accident or was grossly negligent
Under California law, surviving family members can also take legal action if they lose a loved one from a fatal slip and fall accident injuries. California provides two avenues for eligible survivors to recover compensation—bring a wrongful death lawsuit against the property owner and/or bring a survivor action against the negligent property owner. Both types of wrongful death actions are complex cases that require the expertise of a skilled attorney, who can guide you and your family on the right path for recovering damages for your loss.
Eligible family members can receive some damages listed above in addition to costs for funeral and burial or cremation and damages based on their relationship with the deceased. For example, if the deceased had children under age 18, they sometimes receive compensation for loss of parental support and guidance. Surviving spouses can receive compensation for loss of companionship. Your Temecula slip and fall attorney will be happy to answer any questions about California wrongful death actions that you might have during this difficult time for you and your family.
Insurance Companies’ Go-To Tactics for Temecula Slip and Fall Accident Claims
Insurance companies do not stay in business by paying each claim they receive or by paying the full amount of a claim in a settlement or jury award. If you bring a lawsuit against a negligent property owner after a slip and fall accident in Temecula, you can expect the insurance company to do everything possible to devalue your slip and fall accident claim and reduce their financial liability—which is why you want Gomez Trial Attorneys to help you.
Some go-to tactics that we have successfully overcome include:
- Downplaying your accident injuries by arguing they are not as severe as doctors say they are
- Suggesting you injured yourself elsewhere or had preexisting injuries and did not injure yourself on the defendant’s property
- Suggesting you were distracted by someone or something so you missed the obvious danger while you were walking
- Claiming you were trespassing in a prohibited area and you would not have suffered injuries if you followed the rules
- Showing evidence that the property owner posted physical warnings or verbally warned you about the hazard that led to your slip and fall injuries
- Arguing you trespassed on the property and the property owner has no duty of care towards you
- Arguing that no dangerous condition was present—you tripped or slipped because you were clumsy
- Suggest that any other person would have seen the dangerous condition and avoided a slip and fall accident
Experienced slip and fall accident lawyers like ours anticipate the tactics insurance companies and their legal teams might use in a particular case. Our Temecula slip and fall attorneys typically spend the time and resources to investigate a slip and fall accident, obtain medical records, photos, and other evidence, speak with eyewitnesses, and search for previous claims to build the strongest case possible to prove a property owner was negligent, and that his or her negligence led to injuries. This provides you with the best chance to receive the compensation you deserve for your slip and fall accident claim.
Temecula Slip and Fall FAQ
Besides traffic accidents, slip and fall accidents are the most common events that lead to injury. Not all unintentional falls lead to serious injuries, but many do, and Temecula is full of places that make suffering a slip and fall injury more likely. When slip and fall accidents lead to severe injuries, the consequences can be costly from a physical, emotional, and financial perspective. Making matters worse, slip and fall accidents are usually preventable, especially those that occur as a result of a negligent property owner in Temecula.
Our firm has extensive experience advocating for slip and fall accident victims throughout the Temecula community. If you have sustained injuries in a Temecula slip and fall accident, it’s in your best interest to consult with a lawyer at Gomez Trial Attorneys as soon as possible. You may have some immediate questions following a slip and fall injury. The answers below to frequently asked questions we receive about slip and fall accidents can provide more information, until you have the chance to take advantage of a free consultation with an experienced Temecula slip and fall accident attorney.
What qualifies as a slip and fall accident in Temecula?
Whether on television, on the radio, or as a result of your own personal experience, you’ve heard lawyers and insurance companies refer to slip and fall accidents and know what they are from their descriptive name. Yet, from a legal standpoint, slip and fall accidents are a broad categorization of unintentional falls that occur on someone else’s property. They include far more than someone losing their balance on a slippery surface and taking a tumble.
For example, slip and fall accidents also include events when someone trips over or on an item and falls. A slip and fall accident can happen anywhere. You might fall at someone else’s home, in a Temecula hotel, while dining at your favorite café, while walking on a city sidewalk, and several other places.
The defining characteristic of a slip and fall accident in terms of taking action against a property owner is negligence. Failure to clear storefronts, driveways, and parking lots of debris; failure to clean up spills, using slippery products on floors; and, failure to properly maintain floor coverings are examples of the types of things that can lead to dangerous slip and fall accidents.
Why do I have to file an insurance claim or take legal action? Isn’t a Temecula property owner always liable for slip and fall injuries?
Just because you suffered injuries in a slip and fall accident does not automatically mean the property owner was negligent and financially liable for damages related to the accident and your injuries. California law and local building codes require property owners to maintain safe conditions on their premises for visitors. Maintaining safety is a broad concept that serves as a point of contention for Temecula slip and fall insurance claims and lawsuits.
The law requires that property owners, landowners, and business owners warn any visitors of dangers they know about or should know about. Additionally, owners have to make an effort to eliminate any known dangerous conditions. When owners and occupiers do not meet their legal obligations, they are negligent. Negligent owners open themselves up to financial liability when a visitor suffers injuries from a slip and fall accident on their property.
If the property owner failed to clearly mark the hazard with signs, ropes, or cones, and you sustained injuries in a slip and fall accident, the insurance company may still try to deny your claim. It’s in your best interest to let a skilled slip and fall accident attorney evaluate your accident claim and determine your eligibility for compensation.
What is the statute of limitations for Temecula slip and fall accidents?
California has a two-year statute of limitations for slip and fall lawsuits, including those involving slip and fall accident injuries. Consult us as soon as possible because courts strictly comply with the law and rarely hear cases once the statute of limitations runs out. The law does allow for some exceptions, especially if you did not discover your injury immediately.
Slip and fall accidents often involve head traumas that can lead to traumatic brain injuries. Sometimes people do not realize they have a brain injury for days or weeks after the trauma. This is especially true when young children or toddlers hit their head during a slip and fall accident. Sometimes parents do not notice an injury until their child misses one or more developmental benchmarks. A skilled slip and fall attorney can review your claim and determine if your case might be one of those rare exceptions.
My Temecula slip and fall accident occurred at work. Can I sue my employer for damages?
Workplace accidents and injuries usually fall under the scope of workers’ compensation insurance and benefits. After a slip and fall accident at work, you need to file a workers’ comp claim with your employer’s insurance provider. If they approve your claim, you can receive payments for a portion of lost wages related to your accident and injuries. Worker’s compensation also covers medical expenses related to your slip and fall accident. Call us for help in submitting your claim or if the insurance company denies or reduces your claim.
Because it’s no-fault insurance, you don’t need to prove your employer was negligent, but the tradeoff is that you cannot sue your employer for non-economic compensation, like pain and suffering
Yet, sometimes third parties might play a role in slip and fall accidents. Your attorney can review your claim and determine if you have a viable case against a third party to seek damages beyond compensation from your workers’ compensation claim.
Your employer cannot retaliate against you for filing a claim, and sometimes employers dispute claims. If your workers’ compensation claim gets denied or your employer violates your employment rights, it’s in your best interest to get our lawyers involved sooner rather than later.
Who is responsible for my medical expenses after a Temecula slip and fall accident?
Regardless of where your slip and fall accident occurs, you are responsible to pay your medical bills after a slip and fall accident. Your health insurance policy might cover some treatment costs, but you must pay any deductibles, copays, and the remainder of services not covered by insurance.
Many assume that because a property owner’s negligence caused their injuries, they don’t need to pay their medical bills. If you choose to avoid payment, you risk letting the owner’s negligence ruin your credit too. This is why it’s so important to speak with an attorney as soon as possible—obtaining a settlement or court judgment can take time, and the sooner you and your attorney act, the sooner you can hold liable parties accountable for your expenses.
Your attorney can also help you handle medical billing by informing providers of your pending case status. In many cases, when a claim gets resolved, the settlement or jury award typically goes to the plaintiff’s attorney. The attorney deducts fees and pays any unpaid medical bills, and the plaintiff gets the remainder of the funds.
What damages can I get compensated for after suffering slip and fall injuries in Temecula?
If you choose to take action against a negligent property owner who caused you harm, you may receive compensation for a wide range of harms in a settlement agreement or from court-awarded damages.
Depending on your exact circumstances and the extent of your slip and fall injuries, you might receive compensation for:
- Medical treatment costs
- Estimate future medical treatment costs
- Lost wages
- Lost earning capacity
- Rehabilitation costs
- Pain and suffering
- Decreased quality of life
- Loss of consortium if applicable
- Punitive damages if the property owner intentionally caused your slip and fall accident or acted with gross negligence
Do I have to hire an attorney for my Temecula slip and fall accident claim?
You greatly increase your odds of getting the compensation you deserve when you let our Temecula slip and fall accident lawyers handle the details of your claim. Insurance companies typically take those with representation more seriously when negotiating. When accident victims do not have an attorney, some insurance companies deny claims for dubious reasons or make unfair lowball settlement offers.
Temecula slip and fall attorneys have the training and experience to apply the law to your particular slip and fall case and negotiate effectively with insurance companies. At the very least, you should always consult with an experienced slip and fall accident attorney in Temecula before going it alone. In most situations, a lawyer can negotiate a far better settlement than clients could on their own.
How much money can I get from my Temecula slip and fall accident claim?
The range of financial outcomes from a slip and fall accident claim varies greatly. Some accident victims get nothing. Others get millions of dollars. Each claim has distinctive characteristics and facts that add to or detract from its value. Your slip and fall accident lawyer will review your claim and may call upon past experiences and experts to place an appropriate monetary value on your claim.
Although it’s impossible to provide an exact amount, you can consider these factors:
- The more severe your injuries are, the higher the value of your claim. Severe injuries lead to more pain and suffering and more medical expenses, increasing your claim’s value.
- If you suffer a permanent injury or condition from your slip and fall accident, you will likely have a high-value claim.
- The more work you must miss as a result of your injury, hospitalization, and recovery, the more your claim may be worth.
- If you cannot return to work, the value of your claim will typically increase.
How long before my Temecula slip and fall accident claim resolves?
Insurance carriers and their policyholders do not want to pay a claim unless they absolutely must. They especially do not want to have to make a large payout. Expect that the property owner and his or her insurance carrier will aggressively fight to devalue your slip and fall accident claim. The best way to get an accurate timeline for your case is by speaking with a Temecula slip and fall attorney as soon as possible.
Even when liability is clear, your lawyer must also allow you time to recover to evaluate the long-term impact of your injuries. This can add time to your claim, but negotiating is far easier when your lawyer has a clearer picture of your long-term prognosis, which allows him or her to place an appropriate value on your claim. That way you don’t find yourself with a settlement that won’t cover all of your costs.
Is my landlord responsible for damages after I suffered slip and fall injuries outside my Temecula house or apartment?
Your landlord may or may not be financially liable for damages depending on the facts of the case. First, your injuries do not automatically mean your landlord was negligent. As mentioned above, you must prove negligence to prevail in a Temecula slip and fall lawsuit. Second, your lease might contain specific clauses about liability and maintenance that prevent you from taking legal action. An experienced Temecula slip and fall accident attorney can review your lease and determine whether you have a viable case against your landlord.
Can I sue a Temecula property owner if I suffered slip and fall injuries while trespassing?
In the vast majority of situations, you cannot seek damages from a property owner if you were trespassing. Without permission to be on the property, you assume all risks for injuries. Yet, some exceptions exist. The law, for example, protects young children who trespass under the Attractive Nuisance doctrine. For example, if your child wandered into someone’s yard, fell as a result of a dangerous condition, and suffered severe injuries, you might take legal action against the owner.
Where can I find a Temecula slip and fall lawyer?
The lawyers at Gomez Trial Attorneys are proud to serve as a resource for members of our Temecula community injured in slip and fall accidents. Our dedicated trial attorneys have the skill and experience to ensure negligent parties are held accountable for the harm they cause to others.
If you were injured in a slip and fall accident in Temecula, an experienced slip and fall accident lawyer at Gomez Trial Attorneys is available to speak with you immediately.
Let a Temecula Trial Attorney Advocate for You After a Slip and Fall Accident
Our award-winning legal team has represented clients who have experienced multiple types of accidents and suffered various injuries. We truly understand the challenges you might be currently facing after a slip and fall accident.
Taking legal action will not turn back the clock or take away any physical pain you are suffering or have suffered. Yet, financial compensation for your injuries can help cover unpaid medical expenses and lost wages, and compensate you for intangible loss related to your injuries.
A skilled slip and fall accident attorney can help guide you through the claims process and advise you on the right path for you to recover damages for your injuries. Contact Gomez Trial Attorneys online or at (619) 237-3490 for a free consultation to discuss the specifics of your slip and fall accident, your injuries, and how your injuries have affected your life.
Our Temecula slip and fall lawyers take cases on a contingency fee basis, so you do not have to pay an upfront fee for representation, and we only collect a prearranged percentage of any amount that we help you to obtain.
Gomez Trial Attorneys
27720 Jefferson Avenue
Temecula, CA 92590
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