Most people don’t expect to get seriously hurt during a simple trip to the grocery store or while walking down a city sidewalk, but it happens every day. A catastrophic injury can put you out of work, make you miss out on things you love to do, and cause considerable pain and suffering.

If you’ve been injured on someone else’s property, you may be able to recover damages. Fresno slip and fall lawyers can help you get the maximum compensation you are owed under the law.

Are You Entitled to Damages?

You are owed compensation if the property owner’s negligence contributed directly to your injury. Under the concept of premises liability, the person who owns, leases, or occupies a property is responsible for maintaining it and taking reasonable steps to ensure the safety of everyone who enters it.

If the property owner’s negligence was a “substantial factor” in the harm you experienced, they are legally liable for any injuries you sustained.

Property Owners Have a ‘Duty of Care’

A property owner has a “duty of care” for everyone who enters their premises. However, the law establishes a specific duty of care for different types of guests:

Invitees

People who are there to do business with the property owner (ex., store patrons and park guests) are owed the highest duty of care. Owners must routinely inspect the property for hazards before opening and fix issues in a reasonable time or warn customers about them.   

Lessees

Property owners have a lesser obligation to guests who are on the property but are not there to do business, such as social guests. While they are still liable for injuries due to negligence, they are not required to rigorously inspect the premises before lessees enter. 

Trespassers

The lowest duty of care is owed to people who have no legal right to be on the property. However, an owner may still be liable if they willfully harm a trespasser or fail to provide adequate warning of hazards on the property.

You Can Still Recover if You’re Partially at Fault

You can win a settlement even if you bear some of the blame for your own injuries. California is a comparative negligence state, meaning that a plaintiff can still be awarded damages in a slip and fall suit if their carelessness contributed to the accident.

Under this doctrine, courts determine how much each party is at fault and adjust the award accordingly. For example, if someone is intoxicated and slips on a freshly mopped floor, a jury may consider them equally responsible to the owner whose employee failed to put up a “Wet Floor” sign. In a case like this, the liability could be split 50/50, so the plaintiff would be awarded half the damages.   

What Should You Do if You’ve Been Injured in a Slip and Fall? 

The plaintiff plays an essential role in preparing a civil injury case. To get the maximum slip and fall settlement under the law, you need a full accounting of your damages. This means collecting evidence, finding witnesses, documenting your injuries, and, most importantly, consulting with a qualified attorney, who can assist with all of the above.

Gather Evidence

Your first steps after your injury are critical, since much of the evidence you’ll need to build your case will be present on the scene, and you may not have another opportunity to collect it.

• Take photos of the hazard that caused your accident and the immediate surroundings.
• Locate any security cameras that may have captured the incident and request a copy.
• Photograph any visible injuries you sustained, including cuts and scrapes.

Identify Witnesses

Speak to anyone in the area who may have seen your fall, get their contact information, and ask them what they saw. You should also take note of any employees in the area. Though they’ll likely be hesitant to talk to you, you can get their names or at least a physical description. Their testimony could help establish negligence down the road.

Seek Medical Attention

Even if you feel fine, you should go to the emergency room or urgent care to get examined. Some injuries, such as concussions, have delayed effects. Having medical documentation of your injuries will help you establish actual harm. 

Preserve Bills and Medical Documents

Make sure you hold on to every bill associated with your slip and fall injury, including doctor’s visits, ambulance rides, hospital stays, and physical therapy. Economic damages are the core component of any settlement. You should also keep track of any documents describing the severity of your injuries, such as: 

• X-rays
• Diagnoses
• CAT scans
• Treatment plans

Document Lost Wages and Non-Economic Damages

You’ll need to quantify lost wages by collecting pay stubs, medical leave paperwork, and other human resources documentation. Non-economic hardships should also be tracked. For instance, you can keep a diary to record any pain you experience or hobbies and other activities your injury prevented you from enjoying.

Contact a Lawyer

The most important thing to do is talk to an experienced slip and fall attorney with the expertise to guide you through the process. They will advise you on the smartest way to proceed and tell you how to build the strongest case.

What Kind of Compensation Can You Expect?

Every case is different, and you should be wary of any slip and fall attorney promising you a big payout without knowing all the details. While it’s difficult to estimate a settlement upfront, you can get an idea by understanding how they’re calculated.

Types of Damages

There are three types of damages: 

• Economic damages are financial losses like income and medical bills
• Noneconomic damages include pain and suffering or loss of enjoyment
• Punitive damages are additional penalties for gross negligence

Factors that Affect Settlements

The specific circumstances of a case can impact the final award.

Compensation tends to be higher if… 

• Your case goes to trial.
• The property owner was incredibly negligent.
• The injuries are severe, long-lasting, and debilitating.

Compensation tends to be lower if… 

• The case is settled earlier out of court.
• The plaintiff’s negligence contributed to their injury,
• Injuries are minor and do not impact the plaintiff’s ability to work.

What Can a Slip and Fall Attorney Do for You? 

A personal injury lawyer will be by your side through every step of the process, from depositions and discovery to negotiating a settlement or arguing the case at trial if necessary. They can answer your questions, prep you for testimony, and even help you keep creditors off your back and fight to help you recover your lost income.

Investigate Your Claim

Slip and fall attorneys are skilled at interviewing witnesses, collecting evidence, and reconstructing the accident from beginning to end. They will help you build your case by developing a complete picture of what happened and what you’re owed.

Prove the Other Party’s Liability

Personal injury lawyers understand the finer points of the law and property owners’ obligations. A skilled attorney can identify factors that affect liability, like failure to warn customers of a hazard or adequately train employees in safety procedures, and use them to your advantage. 

Maximize Your Settlement

A slip and fall attorney can use your medical bills, lost wages, and non-economic damages as leverage to deftly negotiate with insurance companies and defense lawyers for a fair out-of-court settlement. If a case goes to trial, they will pick apart defense testimony and portray you in a sympathetic light to get the jury on your side.

Contact a Skilled Slip and Fall Lawyer Today

For slip, trip, and fall accidents, it’s vital to establish harm and liability. If you’ve been hurt, thoroughly document your injuries and medical treatment as well as your economic damages and suffering. You should also gather evidence that the other party’s negligence directly caused your accident. 

A personal injury trial lawyer can answer any questions you have and build your case from the ground up. Our attorneys work on contingency, meaning you don’t pay a dime until your case is won and there is recovery. Call Fresno slip and fall lawyer Tim Mazzela at (559) 297-1118 for a Free Consultation today.