A slip and fall claim can arise from a variety of accidents. When you go to the grocery store, the county tax office, restaurant, or doctor’s office, you could sustain a serious injury from a fall. An unexpected fall at an amusement park or while visiting a friend could result in medical bills and loss of income. Property owners are required to maintain safe premises for visitors. If not, they could be subject to a slip and fall claim under California’s premises liability laws. This requirement includes owners of private property, residential homes, commercial property, and government property.
A Property Owner’s Duty of Care to Protect Visitors
When a property owner fails in the duty of care to warn visitors of hazards on the property or reasonably maintain the property to avoid falls and injuries, the property owner may be held liable for damages caused by a fall and injury. Examples of instances that might give rise to a slip and fall claim include, but are not limited to:
- Failure to warn of wet floors or other hazards
- Failing to repair broken steps
- Inadequate lighting
- Broken flooring or worn carpets
- Failing to secure a swimming pool
- Failing to fill holes or place warnings of holes
Many circumstances can result in a slip and fall claim. Regardless of how the fall occurs, there are certain steps that you should take when filing a slip and fall claim.
Five Steps for Filing a Slip and Fall Claim in California
Step One: Report the fall immediately to the property owner.
If the property owner is not available, report the fall to an employee, manager, or other individual who works for the property owner.
Step Two: Collect evidence from the accident scene.
You need to document the accident scene and collect as much information as possible after the fall. Use your cell phone to take pictures of the accident scene and make notes of any statements made by the property owner, witnesses, and others. Ask witnesses for their names and contact information.
Step Three: Seek medical attention immediately.
If you were injured or you are unsure if you are injured, do not try to move. Ask someone to contact emergency medical services for assistance. If you determine you do not need emergency services, you should see a doctor as soon as possible after a fall. Falls can be shocking and frightening. You may not be aware of your injuries because of the flood of adrenaline that usually results after a startling accident. Seeking medical care is important for your injury claim. Delays in medical care can hurt your claim.
Step Four: Keep everything.
Store the clothing and shoes you were wearing at the time of the accident in a plastic bag. These items could become evidence in your case. Keep copies of all medical bills, receipts, statements, and other information related to your fall, injuries, and recovery.
Step Five: Contact a Sacramento Slip and Fall Attorney
Contact a California premises liability attorney to discuss your case as soon as possible. An attorney listens to what happened, evaluates your case, and provides legal advice and guidance. Premises liability claims can be complex. It is best to have an experienced attorney file your claim so the attorney can deal with the property owner, attorneys, and insurance providers.
Call our California Premises Liability Lawyers for a Free Case Review
If you are injured in a fall, call The Tiemann Law Firm at (916) 999-9000 to schedule a free legal consultation with one of our attorneys to discuss your slip and fall claim.
Many slip and fall accidents do not cause serious or life-altering injuries. Accident victims heal fully within a few weeks or months of the fall. While the injuries can result in medical bills and lost income, the person can return to their normal daily activities and life after their recovery. However, some slip and fall accident victims sustain injuries that cause permanent disabilities from a slip and fall accident. For those victims, life is never the same.
Three Slip and Fall Injuries That Can Change Your Life
Some broken bones heal without causing permanent impairments. However, some fractures cause significant damage to joints or bones. These fractures often require surgery to repair the damage. Even with intensive physical therapy, the victim may not recover fully. In some cases, a broken bone from a slip and fall can cause a permanent impairment that makes it difficult or impossible for the person to return to normal activities, including work.
Traumatic Brain Injury
A fall can cause a concussion or other brain injury if the person’s head strikes the floor or other object during the fall. In some cases, a person can sustain a brain injury even without striking their head if the falling motion causes the head to jerk severely backward and forward or from side-to-side. The brain “bounces” around within the skull striking the skull in numerous places causing damage to the brain.
Depending on the severity of the head injury, a fall victim can sustain a traumatic brain injury (TBI).
TBI symptoms include:
- Loss of consciousness, but it is not necessary to lose consciousness to suffer a TBI
- Blurry vision
- Vomiting or nausea
- Ringing in the ears
- Memory problems
- Slurred speech
- Changes in sleep Patterson
- Changes in emotional behavior
The long-term consequences of a traumatic brain injury can be debilitating. Some potential long-term effects of a serious TBI include seizures, coma, minimally conscious state, chronic headaches, vertigo, blood vessel damage, paralysis, intellectual problems, communication problems, sensory problems, and emotional disorders. TBI can also increase a person’s risk of developing degenerative brain diseases, such as Parkinson’s disease, Alzheimer’s disease, and dementia.
The financial, physical, and emotional damages caused by a TBI from a slip and fall are typically substantial for the victim and the family.
Back Injuries and Neck Injuries
Back injuries are also common in slip and fall accidents. While some back injuries may heal completely, a victim can sustain a severe back injury that may involve injury to the spinal cord. With spinal cord injuries, a victim could be partially or completely paralyzed. Back injuries can also result in painful and debilitating damage to the vertebrae (bones in the spine) and the discs between the vertebrae (i.e. ruptured discs).
Neck injuries are also common in slip and fall accidents. The fall can result in damage to the neck muscles and tendons. Severe cases of neck injury or whiplash can result in impaired mobility and chronic pain that interferes with normal daily activities and work.
Contact a Sacramento Slip and Fall Attorney for Help
A slip and fall accident can result in permanent impairments. Regardless of the severity of your slip and fall injury, you might be entitled to significant compensation for your medical expenses, loss of income, permanent impairments, scarring, pain, and suffering.
If you have been injured in a slip and fall accident, contact The Tiemann Law Firm by calling (916) 999-9000. Our Sacramento slip and fall attorneys can explain more about personal injury claims and how you can recover compensation from a negligent property owner during a free consultation.
Neck injuries can cause severe and debilitating pain and limited range of motion. In many cases, a neck injury can be treated at home with pain medication, rest, and time. However, some neck injuries may require intensive medical treatment, including physical therapy and surgery. Some individuals may suffer permanent impairment or disability from a neck injury.
The Sacramento personal injury lawyers of The Tiemann Law Firm have extensive experiencing representing clients who have sustained a neck injury in an accident. If you are suffering from a neck injury, contact our law firm for a free consultation with one of our personal injury attorneys.
Three Common Types of Neck Injuries
There are many different types of neck injuries that you can sustain in an accident. Let’s discuss three of the common neck injuries our firm handles that result from accidents.
Herniated Cervical Discs
The cervical spine is comprised of the bones (vertebrae) and the discs between the bones in your neck. The discs between the vertebrae are filled with a gel-like fluid. A violent impact or movement can cause the outer covering of the disc to tear or rupture, which allows the gel inside to seep out. When this injury occurs in the neck, the injury is referred to as a herniated cervical disc.
Herniated cervical discs can cause a wide range of symptoms, including numbness, pain, tingling, and limited movement. The symptoms may be worse or debilitating if the person does not respond to treatment. Surgical intervention may be required in severe cases.
Whiplash is another common neck injury that can result from a variety of accidents. When the neck is “whipped” back and forth, such as in a rear-end car accident or fall, the resulting damage to the soft tissues in the neck can cause a variety of symptoms. Some individuals may experience neck stiffness, radiating pain, headaches, dizziness, back/shoulder pain, and tingling or burning. In severe cases, a person might experience problems with concentration, sleep disturbances, and limited range of motion.
In severe cases of whiplash, the neck may need to be immobilized with a neck collar, and the person may require physical therapy or surgery. Insurance companies treat whiplash as a “minor” injury that is often exaggerated by accident victims. It is best to seek legal counsel to protect your rights if you sustain any neck injuries.
Pinched or Damaged Nerves
The nerves in the neck can be damaged or “pinched” in an accident. The damaged to the nerves can result in shooting pains in the neck, shoulders, or arms. Many cases are temporary, and the damage heals with time and minor medical treatment. However, in severe cases, the trauma to the nerves may require physical therapy, medications, and additional time to heal.
Three Common Accidents That Cause Neck Injuries
Any accident could result in neck injuries. However, our law firm handles a variety of neck injury cases involving motor vehicle accidents, falls, and workplace accidents or repetitive stress injuries. It is important to consult a personal injury attorney near you if you sustain a neck injury in an accident or at work. A third party may be liable for your injury and the resulting damages and losses.
An attorney can review your case to determine if you are entitled to compensation under California’s personal injury laws. You might be entitled to receive compensation for your medical bills, loss of income, physical pain, emotional suffering, and other damages.
Call a Sacramento Personal Injury Lawyer for a Free Case Review
Contact The Tiemann Law Firm at (916) 999-9000 or by visiting our website to schedule a free consultation with one of our California personal injury lawyers.
Proving liability for a slip and fall accident in California can be difficult. Additionally, the defense may raise certain defenses to negligence and liability that could result in a denial of your slip and fall claim. Working with a California slip and fall attorney in Sacramento can give you an advantage. An experienced personal injury lawyer understands the various defenses used in slip and fall cases and how to prepare to overcome those defenses.
Common Slip and Fall Defenses
Some of the common defense strategies used in slip and fall cases include:
You failed to prove all four legal elements of a slip and fall claim.
There are four basic legal elements that you must prove before you can receive compensation for a slip and fall claim. You must prove that the property owner owed you a duty; the owner breached that duty; the breach was the cause of your accident; and, you sustained damages because of the breach and resulting accident.
Failing to prove any one of the four legal elements is sufficient for the defense to win the case. Therefore, the defense may attack what it believes is the weakest element in an attempt to avoid liability.
Assumption of Risk
In some cases, a party might not be liable for injuries if the victim was aware of the risk of injury and “assumed” that risk by voluntarily proceeding. This defense is often used when victims sign waivers to participate in sports or recreational activities. Even if you understand that something is dangerous and you could be injured by participating, that fact does not always absolve the property owner from liability. Grossly negligent and intentional acts are typically not covered by the assumption of risk defense.
Comparative fault defenses are based on the argument that the victim was partially at fault for causing the injury. Because the victim contributed to the cause of the injury, the victim is not entitled to full compensation for all damages.
Under California’s comparative fault laws, the amount you receive for your slip and fall accident can be reduced by the percentage of responsibility or fault assigned to you for the accident. For example, if a jury assigns you 20 percent of the fault for the accident and your total damages equal $100,000, the most you can receive for your claim would be $80,000.
Do You Need a Sacramento Slip and Fall Attorney?
If you are injured in a fall, you might be entitled to compensation for your injuries, damages, and losses. However, the insurance company and defense team may raise one or more defenses that could result in a denial of the claim or a reduction in the amount of money you receive for your claim.
Sacramento slip and fall attorneys understand the personal injury laws and negligence laws related to slips, trips, and falls. They also understand the various defense strategies used to prevent victims from obtaining fair and just compensation for valid injury claims. An attorney can help you fight for what you deserve after being injured in a slip and fall accident.
Contact our California premises liability attorneys for a free consultation by calling The Tiemann Law Firm at (916) 999-9000 or by visiting our website.
Being injured in a California motorcycle accident can leave you feeling helpless and overwhelmed. In addition to the property damage to your motorcycle and your physical injuries, you may also experience a significant loss of income from being out of work. The emotional and mental stress of dealing with your injuries and the settlement of the accident claim can take a great toll on your ability to focus and concentrate on work and home responsibilities.
The California motorcycle accident lawyers of The Tiemann Law Firm want to help. Our legal team handles all aspects of your motorcycle accident claim, including calculating the value of your injury claim and negotiating with the insurance company for a fair settlement.
What Compensation Can You Receive for a Motorcycle Accident Claim?
It can be difficult to know who much your motorcycle injury claim is worth unless you know what damages may be included in your claim. Several economic and noneconomic categories of damages are included in a personal injury claim. For a motorcycle accident claim, damages typically fall into one of four main categories:
The damage to your motorcycle needs to be assessed by a competent, experienced motorcycle repair facility. If you did not cause the accident, the insurance company for the responsible party should pay to repair your motorcycle to return it to its condition before the crash. If the cost to repair the motorcycle exceeds the value of the vehicle, the insurance company should pay you the fair market value for the motorcycle in settlement of your property damage claim.
Motorcyclists can sustain severe and traumatic injuries in a motorcycle crash. Medical bills are typically a large component of a personal injury claim for a motorcycle accident. You should wait until your doctor releases you and provides an impairment rating before you settle your motorcycle accident claim. You want to ensure that you include all medical bills, including the cost of ongoing or future medical treatment, in the settlement demand for your accident.
Loss of Income
Loss of income is another substantial damage in a motorcycle accident claim. Depending on the severity of your injuries, you could also have a loss of earning capacity or future loss of wages if you sustain a disability or impairment. Calculating damages for future loss of income can be complicated. In most cases, an expert witness is required to project the future loss of income based on numerous factors, including your age, education, abilities, experience, and career.
Pain and Suffering
You are also entitled to demand compensation for your pain and suffering or noneconomic damages. Noneconomic damages included in a settlement vary. Examples include:
- Physical pain
- Emotional distress
- Loss of quality of life or enjoyment of life
- Mental anguish
- Scarring and disfigurement
- Permanent impairments and disabilities
The value of your pain and suffering is subjective. An experienced motorcycle accident attorney in Sacramento understands how to use the facts in your case to maximize the amount you might receive for your noneconomic damages.
Get Help from a Sacramento Motorcycle Accident Attorney
You do not need to handle your claim on your own. Our legal team works closely with clients to document the injuries and damages for a personal injury claim. We fight for full compensation of all damages for injured motorcyclists.
Contact our Sacramento motorcycle accident attorneys for a free consultation by calling The Tiemann Law Firm at (916) 999-9000 or by visiting our website.