Were You Involved In A Fall Accident in Anaheim?
If you or someone you know have been involved in a fall accident in Anaheim and you are unsure of what to do next, you are on the right page. Speaking with our Anaheim slip and fall lawyer can help guide you in the right direction and inform you of your legal rights and possibilities for compensation.
Our attorneys and professional staff are available to help you in your time of need and are here to discuss your case at your convenience. We are available to help you 24 hours a day 7 days a week.
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Granted, Anaheim is not the perfect city, and there’s always the possibility that you may suffer a personal injury either at work, at school, or when walking around the downtown district. One common form of personal injury that occurs in Anaheim is a “slip and fall” accident. As the name implies, this is when you’re walking on a slippery floor or pathway and fall as a result. (A variation of this would be “trip and fall” injuries.)
In many cases, slips and falls don’t result in major injuries. However, on occasion a slip and fall has led to serious trauma, either to the head, brain, neck, or back. If you were to fall in the wrong way, you could even become paralyzed — or worse yet, die from the injury.
If you or a loved one has suffered from an injury as a result of a slip and fall, then you may be entitled to compensation if someone’s negligence or carelessness was a contributing factor to your fall. However, in order to successfully win the compensation you’re entitled to, you’ll almost certainly need to have an experienced slip and fall lawyer on your side.
At Chris and Frank Accident Attorneys, we have both the skills and the experience to help you win your personal injury “slip and fall” case. You can reach out to us today to schedule a free consultation. We’ll give your case the time and careful consideration it deserves, and advise you on all of your potential legal options. You can absolutely count on us to fight for your rights, and make sure that you win a fair settlement for what happened to you.
The Statute of Limitations for Slip and Fall Accidents & Injuries in Anaheim
Like most states, California law does put a statute of limitations on filing a slip and fall personal injury claim. In other words, you can only file a claim for your slip and fall accident within a designated time frame.
California’s statute of limitations for slip and fall injury claims is the same as its statute for other personal injury cases. The California Code of Civil Procedure mandates a 2-year deadline for “the time of commencing [legal] actions other than for the recovery of real property.” This deadline applies to “an action for assault, battery, or injury to, or for the death of, an individual caused by the wrongful act or neglect of another.” Slip and fall accidents that result from negligence would fall under this category.
In addition, if you had any personal property that was damaged in the slip and fall incident, you have a 3-year deadline in which to file a lawsuit over the repair/replacement of your item or items.
If you do plan to file a personal injury claim after suffering a slip and fall, it makes sense to leave yourself and your legal team plenty of team in which to gather evidence and strategize your approach. This is true whether you hope to settle out of court with the defendant, or intend to take your case to court.
Our team of experts at Chris and Frank Accident Attorneys can help you to navigate through the claims filing process, and work with you to develop a strategy that will maximize the compensation you receive. If you’ve been injured in a slip and fall accident, it makes sense to reach out to our team as soon as possible, so that we can begin the process without being strapped for time.
Proving Negligence in an Anaheim Slip and Fall Case?
In most personal injury cases (including slip and fall cases), there are 4 basic elements that you must prove in order to win your case. These are:
- Duty of care. In a slip and fall case, this would mean that the defendant had a duty to keep you safe. For instance, an Anaheim restaurant owner would have a duty to instruct employees to put up “Wet Floor” signs when mopping up a spilled drink.
- Breach of duty of care. If the defendant did not live up to their duty of care (e.g., the restaurant owner did not make sure that the “Wet Floor” signs were put up), then the defendant is considered to be “in breach” or violation of that duty.
- Causation. If the defendant’s negligence directly or indirectly led to your slip and fall accident, then that would indicate “causation.” In other words, the defendant’s failure to take action caused your injury to occur.
- Damages. For this element, you must prove that you suffered injury and/or damages as a result of your slip and fall accident. These could be economic damages (time off from work, medical bills, etc.) or non-economic losses (pain and suffering).
At Chris and Frank Accident Attorneys, we can work with you to prove each element of your case in a court of law, should that be necessary.
Comparative negligence is a legal principle that allows the court to assign a percentage of blame to either one or both parties, and then pay out damages accordingly. California subscribes to the principle of “pure comparative negligence.” In other words, even if you were 90% at fault for your slip and fall accident, you can still recover 10% of the damages assessed from the defendant.
What this means in practice is that the property owner (i.e., the defendant) in your slip and fall case is going to make vigorous arguments that you were the one to blame for your accident. It’s very important that you counter the defendant’s arguments, since the higher the percentage of blame that you’re assigned by the court, the less compensation you’ll receive in the final settlement.
As an example, if the court assesses $1 million worth of damages, but also finds that you were 80% at fault for the slip and fall, and the property owner was only 20% to blame, then you’ll only receive $200,000 as compensation for your injury.
Some common arguments that property owners use to imply blame on the part of the plaintiff include:
- Trespassing. The plaintiff was in an area where they should not have been in the first place.
- Inattention. The plaintiff was distracted before slipping and falling. If the plaintiff had been paying attention, then the accident would never have occurred.
- Inappropriate footwear. The plaintiff was wearing footwear that made a slip and fall much more likely (such as shoes with very little tread, or high heels).
- Unreasonableness. The plaintiff should have easily identified and anticipated the danger, and taken steps to avoid it.
As you can see, it’s important to present the evidence for the defendant’s negligence in a clear, logical, and persuasive way, so that the court won’t fall for any specious arguments on their part. That’s why it’s important to retain the services of an experienced slip and fall attorney.
Even if your case never makes it to court, the principle of comparative negligence will still play a role in negotiations with the defendant’s insurance company and/or legal representative. In order to win the highest amount of compensation, you’ll want to make the strongest possible case for your side of the story — and experienced, reputable attorneys like Chris Guldjian and Frank Fasel can help you to craft a compelling, watertight argument. (Please note: all of these principles apply to trip and fall claims as well.)
Find An Anaheim Slip and Fall Lawyer Near Me To Help With A Personal Injury
No matter how your slip and fall injury happened, it is affecting your life right now — and you deserve compensation for the economic stress, pain, and suffering that you’re dealing with. Unfortunately, slip and fall personal injury cases can be complicated, time-consuming, and frustrating — especially if you try to handle your claim all by yourself. It’s usually the course of wisdom to enlist the aid of legal professionals to guide you through the process.
At Chris and Frank Accident Attorneys, we have the resources, experience, and expertise that you need to successfully fight for your rights. We are committed to seeing that each and every client of ours receives a fair settlement for their personal injury. When you reach out to our team, we will discuss the details of your slip and fall accident with compassion and insight, and explore the next steps you should take. We can help you present an unassailable case, maximize your winnings, and get your life back on track.
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