Maison Law Accident & Injury Lawyers of Fremont represents injury victims throughout the city. An accident can happen when you least expect it, but they can also be caused by certain conditions. A slip-and-fall accident fits into this category, regardless of where it happens. To learn more about your legal options in this situation, contact us today for a free consultation.
Do You Need a Lawyer After a Slip-and-Fall?
There’s a lot that can happen with a slip-and-fall accident. But whether or not you need a lawyer depends on the circumstances. Not every slip and fall accident will require legal action, especially if it’s not too serious or if you only have minor injuries. That said, when you’re hurt in one of these accidents, you have the option to file an injury claim. At that point, our team can be very beneficial. Here’s how we approach these cases:
- Explaining your options and supporting you – We’ll use our experience to guide you through the legal process, starting by assessing your case and figuring out what you need to do to succeed.
- Gathering evidence – We’ll collect key evidence like medical records, security camera footage, and accident reports to build a strong case.
- Dealing with insurance companies – We’ll negotiate with the responsible party’s insurance company to try to get a fair settlement that meets your needs.
- Representing you in court – If we can’t reach a fair settlement, we’ll help you prepare and file a formal complaint against the responsible party, starting the legal process for a court case. We’ll be there in court to stand up for your rights and present evidence to support your claim.
Every case is different, so the steps you need to take will vary. But it’s important to know that you have legal rights if you’re involved in a slip and fall accident, and the circumstances are going to be very important.
What Makes a Slip-and-Fall a Legal Action?
There’s a big difference between randomly slipping and falling and being in an accident that gives you legal options. First and foremost, it matters where the fall happens and what you were doing at the time.
Generally, a slip and fall can happen anywhere in Fremont, but most often they happen at:
- Big box stores
- Grocery stores
- Sidewalks
- Restaurants
- Parking lots
- Private homes
- Workplaces
- Apartment complexes
So, when a fall happens, it also matters why you were there. If you’re a shopper at Walmart, for example, the store has a duty to keep the environment safe and free from hazards that would lead to a slip-and-fall.
On the other hand, if you’re trespassing or somewhere you’re not allowed to be, the store or owner of the property doesn’t have as big of a responsibility to you. Considering all of this, potential parties who might be responsible in a slip and fall accident include:
- Property owners or management
- Corporations or store owners
- City or state governments
- Contractors or maintenance workers and companies
- Tenants or landlords
- Product manufacturers
- Security companies
As you can probably tell, there’s a lot of people that could potentially be liable in a slip-and-fall. Like any injury claim, you need to figure out all the liable parties, because it’s them that will be legally responsible for paying for your damages. However, as the victim, it’s up to you to show the extent of your damages.
Strengthening a Slip-and-Fall Accident Claim
Before you get to actually filing your injury claim, it’s important to understand how the process works. Basically, it starts right after the actual slip-and-fall. It’s up to you to show the extent of your damages, and you can do that by taking the following steps:
- Report the accident – It’s really important to let the property owner, manager, or supervisor know about the accident as soon as possible. This way, they can take the necessary steps to deal with it properly. You might want to ask for a copy of the incident report or even write one yourself, explaining what happened, where it happened, and any other details.
- Make sure to get medical attention – Your health and safety should be your priority, so it’s important to get immediate medical help, especially if you’re at the scene of the accident. Remember, some injuries, like internal trauma or concussions, might not show up right away. Make sure to keep copies of all your medical records, including any bills and receipts.
- Get evidence from the scene – Take some photos or videos of where the accident happened and any dangerous conditions that might have caused it. Write down the date and time, and try to get contact information from anyone who saw what happened.
- Keep evidence safe – Hang on to any clothes, belongings, or shoes that got damaged in the accident, as they could be really important evidence for your case. Don’t try to fix them up or anything, because they’ll be needed to support your claim.
One good thing about strengthening your claim is that these actions apply in virtually any slip-and-fall. Still, when you’re hurt, it can be tough to approach the situation with a clear head. This is another area where our team can help you.
What Are Your Damages in a Slip-and-Fall Accident?
When it comes to your damages from a slip-and-fall, it’s important to first consider how hurt you are. Even though they’re quite common, every accident can leave you facing a wide variety of injuries like:
- Broken bones or fractures
- Sprains
- Head injuries
- Torn ligaments
- Bruises or lacerations
With injuries, it matters how the accident happened. And if it happened through negligence, you can file your injury claim to recover certain “damages.” you do this by either filing an insurance claim outside of court or a personal injury lawsuit inside the court system. At that point, a successful claim will allow you to recover:
- Medical expenses and treatment costs
- Lost income from missed work or loss of earning potential
- Repair/replacement costs for any personal property
- Pain and suffering
- Emotional distress
- Loss of quality of life or companionship
Obviously, this financial support is going to be very important to your recovery. But equally as important is how effectively you present your case, and that means showing what caused it–and who was responsible for it.
What Causes a Slip-and-Fall Accident?
Again, it’s worth repeating that a slip and fall accident can happen almost anywhere in Fremont. While the factors and circumstances play a big role, it’s important to look at the underlying causes:
- Wet surfaces – Probably the most common cause of a slip-and-fall, wet floors from spills or other liquid can easily cause you to fall.
- Broken flooring – Cracked or broken pavement, potholes, or uneven flooring can also cause people to slip and fall.
- Poor lighting – Inadequate lighting can make it hard to see hazards, increasing the risk of accidents.
- Cluttered walkways – Objects or debris in walkways can cause people to trip and fall.
- Lack of handrails or guardrails – Stairs or elevated surfaces without handrails can be hazardous.
It’s always best to do what you can to avoid a slip-and-fall if you can. It’s not always possible, but making sure of the following can really help:
- Stay aware of your surroundings.
- Wear suitable footwear.
- Use handrails when available.
- Take your time.
- Report any hazards you notice.
Every slip and fall case is unique, and the outcome depends on the circumstances of your fall and how your claim progresses. The claims process can be lengthy and challenging, so patience is key. Our team of experienced Fremont slip and fall accident lawyers can make sure your claim stays strong.
Dedicated Fremont Slip-and-Fall Accident Lawyers
At Maison Law Accident & Injury Lawyers of Fremont, we believe property owners should be accountable for slip and fall accidents. One of the best ways to do that is to fully explore your legal options. Our dedicated team of slip-and-fall accident lawyers are here to provide the legal support and guidance you need. Contact us today for a free consultation.