Every day, thousands of slip-and-fall accidents occur across the United States in various situations. Whenever an accident of this nature happens, it is possible for the victim to have grounds for legal recourse against the owner of the property where their injury occurred. Whether your recent slip-and-fall accident happened in another person’s home, inside of a local business, or on anyone’s private property, it’s important to know your options for legal recourse and what sort of recovery you are entitled to claim from the property owner.
The attorneys at the Law Offices of David Davidi, APLC, have years of professional experience in slip-and-fall accident cases, and we know the difficulties you may encounter as you seek recovery from the damages you recently experienced. We provide compassionate and client-focused legal counsel in every personal injury case we accept, and we are confident in our team’s ability to help you recover as fully as state law allows.
Many people who experience slip-and-fall accidents in Bakersfield, California make the mistake of assuming that they can handle their recovery efforts alone, believing the cost of legal counsel to be prohibitively expensive. The reality is that while there is no law stating you must hire legal counsel for your impending slip-and-fall accident case, you have a much higher chance of reaching positive results when you have the right attorney representing you.
If you tried to manage your case alone, you would face the challenges of proving liability, firmly establishing the entire scope of the immediate and future damages you incurred from the incident, and navigating strict procedural requirements with the court all while managing your medical needs. This would make an already difficult situation even more challenging, and you would also risk unintentionally settling for less of a recovery than you are legally owed.
When you have the Law Offices of David Davidi, APLC, representing you, we will immediately start handling your case by identifying the evidence and testimony you will need to assert culpability for your damages. Once we have helped you prove fault, our team will then move on to gathering the evidence proving the full scope of your claimable damages. We have assisted many past clients through some of the most challenging personal injury cases in Bakersfield, and we are ready to leverage this experience to your benefit in your case.
Every private property owner has a legal duty of care to the lawful visitors to their property. Under California’s premises liability laws, a property owner owes this duty of care to invitees and licensees. Invitees are individuals invited onto the property with the property owner’s express or implied permission, typically for the property owner’s own purposes. For example, invitees typically include friends, relatives, neighbors, guests, and customers of privately owned businesses. Licensees are those who have the property owner’s permission to enter their property for their own purposes, such as utility workers, mail carriers, and salespeople.
Premises liability laws do not apply to trespassers or intruders. The victim of a slip-and-fall injury must be ready to prove they had permission to be present on the property when their injury occurred to proceed with their claim. Property owners are required to take care of their properties, addressing foreseeable safety hazards whenever they notice them. At a minimum, if a property owner notices anything on their property that could foreseeably injure a lawful guest or visitor, they must at least warn them of the hazard if they are likely to encounter it while visiting.
Once your Bakersfield slip-and-fall accident attorney has helped you prove the property owner in question is liable for your injury, you can proceed with your personal injury claim and seek remuneration for all your resulting damages. Under state law, the plaintiff is allowed to claim compensation for:
When you have an experienced Bakersfield slip-and-fall accident attorney handling your legal proceedings, you may learn that your claim is worth much more than you originally expected. When you choose the Law Offices of David Davidi, APLC, to represent you, our goal is to help you secure maximum compensation for your damages in the most efficient manner possible. In addition to your economic losses, you also have the right to recover financial compensation for the pain and suffering you experienced.
California law allows the victim of any personal injury to seek remuneration for their economic damages as well as their non-economic damages, specifically the physical pain and psychological suffering they endured from the incident in question. This might seem too subjective to translate into monetary value, but a good attorney has several methods they may use to determine how much pain and suffering compensation to seek for a client.
When the plaintiff is expected to make a complete recovery from their injuries in the near future, their attorney might seek a daily pain and suffering settlement. This arrangement would award a specific amount of compensation each day until the victim reaches what is called “maximum medical improvement” from the injuries they received. On the other hand, if the plaintiff suffered a catastrophic injury that caused permanent harm, their attorney would be more likely to seek a large lump sum. They would calculate the amount by multiplying their client’s total economic damages by a factor that reflects their condition and its severity. For example, if you suffered serious injuries causing permanent disability, your attorney might aim for three or more times the total of your economic damages in pain and suffering compensation.
In some personal injury cases, investigations reveal that injured plaintiffs bear partial liability for damages. Every state has different rules for handling such cases, and the state upholds the pure comparative fault rule. When this statute comes into play in a personal injury case, the plaintiff is assigned a fault percentage by the judge, indicating the plaintiff’s level of fault for causing their claimed damages. This percentage will then be deducted from the total compensation won from the defendant.
If you have any concerns about bearing partial culpability for your slip-and-fall accident, it is crucial that you secure legal counsel from an experienced Bakersfield slip-and-fall accident attorney as soon as possible after your initial recovery. It is relatively common for defendants in premises liability claims and other personal injury claims to attempt to assert comparative fault to deflect liability for the damages they cause to others. Your legal team can help you effectively leverage the evidence in play so you can minimize any shared fault you hold and maximize your recovery.
The vast majority of personal injury cases filed each year end in private settlements. The settlement negotiation process provides the parties involved in the case with an avenue for resolving the matter quickly and efficiently while avoiding the time commitment and expense of litigation. However, a settlement requires both parties to be willing to compromise.
If for any reason settlement is not an option or does not work to resolve your slip-and-fall accident case, you will need to take the case to litigation. This could take several months to resolve, and the judge overseeing the case has the final say in terms of establishing fault and the scope of damages the plaintiff can recover.
When you choose the Law Offices of David Davidi, APLC, as your counsel in a slip-and-fall accident claim, we will seek to settle your claim as quickly as possible, but we are not afraid to take the case to court if necessary. Our goal is to help you recover as fully as the law allows, and we will provide the legal support necessary for all the proceedings you must endure to reach full recovery.
Premises liability claims fall within the purview of personal injury law, and the state’s statute of limitations on personal injury claims is two years from the date an injury occurs. You must file your complaint against the property owner responsible for your injury within this timeframe or lose your ability to claim compensation for your damages. Therefore, it’s advisable to start filing your claim as soon as possible after your initial recovery from your injuries.
The total potential value of any slip-and-fall accident claim in Bakersfield hinges on the total damages the defendant caused the plaintiff to incur. You have the right to seek repayment of medical expenses, both immediate and future lost income, and lost earning capacity, and you also have the right to seek remuneration for pain and suffering. An experienced Bakersfield slip-and-fall accident attorney is the right resource to consult for an estimation of your claim’s potential value.
Proving responsibility for your slip and fall will likely require gathering the evidence needed to show that the property owner knew or reasonably should have known about the hazard that caused your injury and that they failed to take steps to properly address the problem. Additionally, you must prove that you were lawfully present on the property where your slip-and-fall accident occurred. A trespasser or intruder on private property cannot file a premises liability claim if they sustain injuries since they did not have the property owner’s permission to be on their property.
There may not be any law that strictly requires you to hire legal counsel for a premises liability claim, but you have a good chance of success with this type of case when you have an attorney you can trust representing you. Your legal counsel will make every stage of your case easier to manage and increase your chances of maximizing your recovery as fully as California law allows.
The Law Offices of David Davidi, APLC, accepts personal injury claims on a contingency fee basis, so there is no fee for our client until we win their case. Additionally, under a contingency fee agreement, the client’s legal fees at the end of their case are a percentage of their final recovery, and they keep the remainder.
This billing policy ensures our legal representation is accessible when you need it most, regardless of your financial situation.
A slip-and-fall accident may sound like a minor issue, but the reality is that these incidents account for severe and fatal injuries across the country. If you are struggling with the effects of a recent slip-and-fall accident and do not know how to hold the property owner accountable for your damages, we can help. We specialize not only in motor vehicle accidents but also in addressing a range of cases, including rideshare incidents, slip and falls, dog bites, and wrongful death claims. Learn more about our services and ensure that your rights are protected as we navigate the complexities of seeking the compensation you deserve under California law. Contact the Law Offices of David Davidi, APLC, today and schedule your free consultation with a Bakersfield slip-and-fall accident attorney to start working toward your recovery.