WHEN SHOULD I FILE A CALIFORNIA SLIP AND FALL LAWSUIT?
Posted on Friday, May 20th, 2016 at 2:04 am
Have you been hurt on another person’s property? Are you suffering physical pain, financial losses, and emotional stress because a property owner failed to correct or allowed a dangerous condition on the property. If so, you can receive compensation for your injuries, damages, and losses under California’s premises liability laws. However, you may need to file a slip and fall lawsuit in order to receive the compensation you deserve.
Filing a Slip and Fall Lawsuit in California
In order to receive compensation for your injuries in a slip and fall lawsuit, you must prove the following conditions were present at the time of your injury:
- The property you were injured upon had a dangerous condition;
- The dangerous condition was what caused your accident;
- The accident caused an injury that resulted in damages;
- The property owner knew or should have known the dangerous condition existed; and,
- The property owner failed to fix, correct, or remove the dangerous condition.
A slip and fall lawsuit is typically filed when the insurance company for the property owner fails to act in a reasonable manner to settle the claim in a fair manner. The insurance company may try to say that the accident was your fault or partly your fault; therefore, you should not receive full compensation for your damages. It could allege that the dangerous condition did not exist or was a condition that the property owner had no responsibility for so the owner does not owe you any money.
When this happens, your premises liability attorney will likely advise you that you need to file a slip and fall lawsuit. The lawsuit will set forth the allegations and demand damages including medical bills, lost wages, compensation for physical and emotional damages, and other compensable damages. Your attorney will present evidence at trial to prove each of the elements of the slip and fall lawsuit in order to obtain an outcome in your favor.
However, your slip and fall lawsuit may settle prior to going to court. In many cases, the insurance company will see the evidence and decide it is in its best interest to settle the lawsuit prior to going to trial. An experienced premises liability attorney can use a slip and fall lawsuit as a negotiation tactic; however, our attorneys are always prepared to take your case to court if that is in your best interest and the best option for getting you the compensation you deserve.
Call an Experienced Pennsylvania Slip and Fall Lawsuit Attorney
Knowing when to file a slip and fall lawsuit is very important in deciding how to get you the compensation you deserve from a negligent property owner. Experience handling slip and fall lawsuits is key to having this skill. Our attorneys have extensive experience handling these types of claims; therefore, you can trust that we will do everything within our power to obtain a positive outcome in your case.
Contact Tiemann Law Firm by calling (916) 999-9000 for a free consultation with one of our Sacramento personal injury attorneys. You can contact us online or chat with a representative on our website 24/7 for your convenience.