Costa Mesa Slip and Fall Lawyer

A slip and fall injury claim is a type of personal injury claim. The plaintiff filing the claim must meet specific criteria for establishing liability for their damages. For example, when a slip and fall occurs on private property, the property owner is liable for the injury if they failed to address a foreseeable safety hazard that directly caused the death in question. In addition, the plaintiff and their Costa Mesa slip and fall attorney would need to prove that the property owner knew or reasonably should have known about the hazard that caused the plaintiff’s injury. Some of the most commonly cited hazards responsible for slip and fall injuries in California are:

• Unmarked wet floors. If a customer in a store slips and falls on a freshly mopped floor that did not have a wet floor sign readily visible, the store owner would likely face liability for the incident, even if it was an employee’s fault for forgetting to place the sign as required.
• Broken stairs. Slip and falls can easily occur on staircases if the footing is insecure, if handrails break, or if the structure of the staircase is left in disrepair for too long.
• Electrocution injuries. Property owners must address electrical hazards as soon as they are discovered. Unfortunately, these safety issues can not only cause devastating electrocution injuries but also fires.
• Uneven grounds, sinkholes, and divots. It can be hard to spot holes in the ground if the grass is overgrown in a yard or if the property owner fails to fix damage from local invasive animals. For example, if you are visiting a neighbor’s yard and trip on a hole in the ground and break your ankle, the neighbor may be liable for your injury if they knew of the hazard but took no corrective action.
• Damaged flooring, area rugs, and other tripping hazards. Property owners should be mindful of tripping hazards throughout their properties and address any potential for a slip and fall injury as soon as it is noticed.
• Drowning injuries. If a property owner allows visitors to use their swimming pool, the pool must meet all applicable safety regulations, and the property owner must ensure appropriate supervision for any children who use the pool.

Ultimately, there are many ways that slip and fall injuries can occur due to a property owner’s failure to address foreseeable safety risks on their property. Therefore, if you believe your recent slip and fall accident is the fault of a negligent property owner, it’s essential to consult an experienced lawyer as soon as possible to start building your claim.

California’s personal injury laws allow plaintiffs in slip and fall injury claims to seek total compensation for all economic damages they incur due to the defendant’s negligence. The economic damages most personal injury plaintiffs claim in California slip and fall accident cases include:

• Medical expenses. A slip and fall can result in bone fractures, traumatic brain injuries, internal injuries, and more. Therefore, the defendant is responsible for the costs of all medical treatments the plaintiff requires due to the defendant’s negligence. This extends to immediate medical costs following the incident and the cost of any necessary ongoing treatment the plaintiff requires to fully recover from their injury.
• Lost income. A slip and fall injury can prevent the victim from working until they recover, and the defendant would be responsible for the income the victim loses during this time. Additionally, if a slip and fall causes permanent harm, the victim could try to claim compensation for lost earning capacity if they cannot resume working due to the severity of their injury.
• Property damage. If a slip and fall also results in damage to the victim’s personal property, such as an expensive watch or smart phone, the victim can include this property damage in their slip and fall injury claim.

A Costa Mesa slip and fall lawyer will help their client calculate the full scope of economic damages available to include in the claim. However, economic damages may not form the bulk of the plaintiff’s total recovery. California’s personal injury laws let plaintiffs seek compensation for their non-economic damages, specifically pain and suffering.

It can be difficult for a plaintiff to figure out a fair sum to compensate for their pain and suffering to claim, but an experienced attorney will have several methods for calculating appropriate non-economic damages. Two of the most commonly used methods are the per diem calculation and the multiplier method. Per diem pain and suffering is best suited for plaintiffs who will eventually recover from their injuries. This would calculate the appropriate compensation to seek for every day until the patient improves as much as they will ever improve.

The multiplier method adds the total of the plaintiff’s economic damages and multiplies this amount by one to five due to the severity of the plaintiff’s condition. Non-economic damages can form most of the plaintiff’s total case award when they sustain permanent harm from a slip and fall.

A slip and fall case in Costa Mesa, CA will unfold according to the personal injury statutes of California. The plaintiff and their attorney must identify the defendant responsible for the slip and fall and prove they should have known about the safety hazard that caused the plaintiff’s injury. The issue of “foreseeability” is crucial in premises liability claims. The plaintiff must prove the defendant knew or should have known of the issue that caused the injury and that they had a responsibility to address the problem or at least warn the plaintiff of the foreseeable risk.

Most civil claims filed in Costa Mesa end in private settlement negotiation. A swift settlement can allow both parties to move past the issue quickly. As a result, the defendant will be able to avoid further liability for the incident, and the plaintiff can secure compensation for their damages quickly. The parties will meet privately with their respective attorneys to discuss settlement terms.

Settlement may not provide a resolution in some cases. If the defendant disputes liability or disagrees with the extent of damages sought by the plaintiff, the case may proceed to litigation. If a slip and fall injury case goes to trial, the judge overseeing the case would determine whether the defendant is liable for the slip and fall. They would also decide the full scope of the recovery the plaintiff is entitled to claim. It’s important to remember that California upholds a pure comparative negligence law that can come into play in a personal injury case. If a plaintiff is partially responsible for causing their slip and fall injury, they will lose a percentage of their case award equal to their percentage of fault for causing the incident. For example, if the plaintiff seeks $300,000 in damages, but an investigation finds them 10% at fault for their injury, they lose 10% of the case award, or $30,000, which would reduce their total compensation to $270,000. Depending on the scope of damages sought by the plaintiff, even a seemingly small percentage of comparative negligence can significantly impact the result of the case.

If you are unsure of the full breadth of damages, you can include in your claim, or if you have any concerns about comparative negligence coming into play, you must speak with an experienced Costa Mesa slip and fall lawyer as soon as possible.

Q: How Much Is a Slip and Fall Case Worth in California?
A: The total value of any personal injury claim hinges on various factors, such as the extent of the plaintiff’s injuries, whether they face long-term medical complications and the nature of the defendant’s actions that caused the injury. Your Costa Mesa slip and fall attorney can help you calculate the total potential value of your case.

Q: What Should You Ask When Hiring a Slip and Fall Accident Attorney?
A: An initial consultation can help you determine whether a lawyer is right for handling your case. You should ask the attorney about their experience with slip and fall injury claims, how long they have practiced personal injury law, and how responsive you can expect them to be throughout your case. You should also clarify the attorney’s billing policy so you know how much their representation will cost.

Q: Can I File a Slip and Fall Injury Claim for an Injury That Happened on Public Property?
A: If you sustained a slip and fall injury on government property or any public property maintained by a government office, you face a more challenging legal road to recovery. Most government agencies have sovereign immunity that protects them from civil liability for personal injuries. However, if a negligent government employee is responsible for causing your slip and fall, you may have grounds for legal action. You need an experienced attorney in this situation to guide you through the complexities this type of case presents.

Q: Should I See a Doctor After a Slip and Fall?
A: If you suffered any serious injuries from a slip and fall, you should seek medical care immediately. If you believe you only sustained minor injuries, it’s still a good idea to have a doctor examine you as soon as possible to determine the full scope of your injuries. You may have sustained an internal injury that has not yet caused noticeable symptoms, and it is vital to detect such injuries as early as possible before they can worsen.

Easton & Easton can provide the compassionate and comprehensive legal help you need in a slip and fall accident claim. If you are ready to discuss your case with a Costa Mesa slip and fall lawyer, contact us today to schedule your free consultation with our team.