How Legal Help Can Improve a Slip and Fall Insurance Claim
A “slip and fall” is a type of premises liability claim, meaning that a person suffered an injury due to a defect or dangerous condition that is present on a property. These types of claims require aggressive representation and must be resolved within two years of when the injury occurred, due to California’s
statute of limitations. Accordingly, retaining the services of a Santa Rosa personal injury lawyer increases the likelihood of success and compensation.
At The Cartwright Law Firm, Inc., our Santa Rosa personal injury lawyers can assist you with pursuing the compensation you need for injuries arising out of your accident.
What is a Slip and Fall?
While people suffer falls daily, not every fall is a compensable claim, as there may be no liability, or fault, on the part of the property owner or manager of the premises where the fall occurred. A property owner or manager is liable if they knew of, or through the exercise of reasonable care and inspections should know of a dangerous condition on the property that he or she owns or controls. The owner must then fail to repair protect against, or give adequate warning of the dangerous condition on the property. Dangerous conditions can include:
- Spills
- Leaks
- Improperly maintained railings
- Uneven flooring
- Uneven carpeting
- Exposed cords and cables
- Uncollected debris
How a Santa Rosa Personal Injury Lawyer can Help
Retaining the services of an aggressive Santa Rosa personal injury lawyer will often increase an injured person’s likelihood of success in pursuing a slip and fall claim. An experienced lawyer can evaluate the claim and can improve a victim’s chances of full recovery by thoroughly investigating the facts surrounding the dangerous condition and injury. This can be accomplished by identifying and interviewing witnesses, sending spoliation letters to the property owner, and photographing the location and surrounding area of where the fall occurred.
Types of Compensation Available
A personal injury lawyer can be helpful with tailoring a claim in order to receive financial compensation for economic and non-economic damages. Economic damages include bills for emergency medical treatment, physical therapy, and lost wages, while non-economic damages include compensation for pain and suffering. Punitive damages, which are meant to punish a person’s behavior, may also be pursued if a property owner’s conduct is particularly egregious.
Negotiation and Litigation
After completing an initial investigation, a lawyer will submit a claim, or written demand, to an insurance carrier, in a manner that highlights the strengths of an injured person’s claim – and to try and resolve the matter without having to resort to litigation. Following this demand, a lawyer will engage in settlement
discussions. If a property owner or the property owner’s insurance carrier is unwilling to settle, a personal injury lawyer could then litigate the matter in court.
Call a Santa Rosa Personal Injury Lawyer Today
Slip and fall injuries can be debilitating, and in some cases, permanent. If you have suffered an injury in a slip and fall accident that occurred on someone else’s property, call the knowledgeable legal team at The Cartwright Law Firm, Inc. today. For a free legal consultation and evaluation of your case with a Santa Rosa personal injury lawyer, call us at 415-433-0444 or contact us online for more information.
