People slip and fall every day for all types of reasons, but falls are often due to someone else's negligence. If you suffered an injury from slipping or tripping over a dangerous condition on someone else's property, you may be entitled to monetary compensation under the law.
Property owners are responsible for taking reasonable measures to maintain safe conditions for visitors, business customers, and in some cases, even trespassers. Even if you have a clumsy tendency or contributed to the injury, you still may collect a financial recovery for your medical bills, pain and suffering, lost wages, and more.
Our San Jose slip and fall injury lawyers at Golden State Lawyers, APC, can handle personal injury cases in the Bay Area and throughout California.
We have successfully represented individuals injured in slip and fall cases for more than 40 years, serving clients from San Jose to San Francisco and nearby cities such as Palo Alto, Sunnyvale, Cupertino, Campbell, and Los Gatos.
San Jose Slip and fall accident guide
Common Causes of Slip and Fall Injuries
Many people may think that slip and fall accidents aren't that serious, but these accidents often result in severe injuries. In fact, falls are the leading cause of traumatic brain injuries, even over motor vehicle accidents.
Our San Jose personal injury lawyers have helped clients who've suffered traumatic brain injuries (TBI), spinal cord injuries, broken bones, and more by slipping and falling.
If you suffered from a slip and fall accident on someone else's property, a knowledgeable San Jose slip and fall injury lawyer at Golden State Lawyers in San Jose can evaluate whether you have a solid personal injury claim.
Common causes of slip and fall injuries that generally necessitate legal intervention include:
- Poor lighting
- Broken or uneven steps
- Slippery floors
- Cracked floor tiles
- Inadequate handrails
- Torn carpets
- Uneven rugs or flooring
- Faulty elevators or escalators
- Foreign objects on the floor
- Sidewalk defects
- Potholes
If a San Jose slip and fall injury caused you to suffer serious physical injuries, we want to know about it. There may be more than one contributing factor, such as rain combined with slippery floors. Our experienced personal injury attorneys meet with you to discuss the various possible causes of your slip and fall and to determine whether you are eligible to seek compensation for your injuries.
A Landowner's Duty
Under the law, people are legally bound to maintain reasonably safe premises for others. This includes private homeowners, shopkeepers, offices, and government agencies. If an injury occurs because the property owner knew or should have known about a dangerous condition, the landowner is liable. In the event that a landowner knows about a specific threat to visitors, they must provide an adequate warning. For example, if a floor has been recently mopped, the law requires property owners to alert others that the floor is wet.
If a slip and fall accident injures you due to another party's negligence, California law allows you to seek compensation for medical expenses, lost wages, and more. Our experienced San Jose slip and fall attorneys can help you navigate insurance claims and legal proceedings to maximize your recovery.
San Jose Slip/Trip and Fall FAQ
Many different questions might arise in your mind if you are hurt as a result of a slip and fall or trip and fall incident. After you seek the medical help you need, contact our San Jose personal injury law firm. We can provide answers to your legal questions. Below are only some of the many common questions we address.
What are some of our slip/trip and fall case results?
We stand up for the rights of our personal injury clients regularly. We have obtained successful results for injured slip and fall accident injury survivors for decades.
Here are some examples of related case results:
- $675,000 for a slip and fall client with a broken leg
- $675,000 jury verdict for a trip and fall survivor with a shoulder injury
- $500,000 for a fall survivor with a broken leg
- $350,000 for a trip and fall injury victim with a disputed neck injury
The value of your case will depend on the nature and severity of your injuries and losses. We know how to get full and fair compensation in every case - no matter what your injuries. Contact us now for more information.
How do you know if you have a San Jose slip/trip and fall case?
Not everyone who trips or slips and falls has the right to compensation for their injuries. Sometimes, tripping or slipping happens without anybody being at fault. Such an accident is not compensable. In most situations, however, trip or slip and falls occur because another party negligently created or allowed hazards to exist on their premises.
There are different requirements for a trip/slip and fall claim, including:
- Was the hazard that caused the fall dangerous?
- Did the property owner or manager breach the duty of care to keep their property safe by creating or negligently allowing hazards?
- Did the fall occur as a result of the hazardous condition?
- Did the property owner conduct reasonable inspections of the premises for hazards and/or warn pedestrians of known dangers?
- Were you hurt as a result of the fall?
If these situations apply to your case, you can hold stores, restaurants, hotels, residential property owners, commercial property owners/managers, and other parties responsible by making an insurance claim or filing a lawsuit for compensation. The best way to know if you have a claim is to have an experienced San Jose slip/trip and fall attorney evaluate what happened and identify the parties who should be held accountable.
What Injuries Do Slip and Fall Accidents Cause?
Slip and fall accidents can lead to a wide range of injuries, varying in severity from minor to life-threatening. Common injuries include:
- Traumatic Brain Injuries (TBI): Falls can cause head injuries, including concussions or more severe brain trauma, especially if the head strikes a hard surface.
- Fractures and Broken Bones: Often affecting wrists, arms, legs, and hips due to the impact of the fall.
- Sprains and Strains: Ligaments and muscles can be stretched or torn, leading to pain and limited mobility.
- Spinal Cord Injuries: These injuries can result from a fall, potentially leading to long-term mobility issues or paralysis.
- Cuts and Abrasions: While often minor, these injuries can still cause significant discomfort and require medical attention.
- Soft Tissue Injuries: Damage to muscles, tendons, and ligaments can cause chronic pain and require extensive rehabilitation.
Understanding the potential injuries from slip and fall accidents highlights the importance of seeking medical attention and legal advice to ensure proper treatment and compensation.
What Damages Can I Claim for My Slip and Fall Injuries?
If you've been injured in a slip and fall accident in San Jose, understanding the potential damages you can claim is crucial. Every personal injury case is unique, and the compensation you may be entitled to depends on various factors specific to your situation.
Economic Damages: These are tangible losses that can be easily quantified. They often include medical expenses for past and future treatment, lost wages due to time away from work, and any other out-of-pocket costs related to your injury. For instance, if your fall resulted in severe injuries requiring long-term rehabilitation, these future medical bills could significantly impact the compensation you seek.
Non-Economic Damages: These damages are more subjective and cover the emotional and physical pain you've endured. This can include compensation for emotional distress, loss of enjoyment of life, and the overall impact on your quality of life. If a slip and fall accident causes a traumatic brain injury or severe injuries, the emotional pain and suffering can be substantial.
Wrongful Death Damages: If a slip and fall accident leads to fatal injuries, certain family members may pursue a wrongful death claim to seek compensation for their loss. Compensable damages in such a lawsuit typically include funeral and burial expenses, loss of financial support, loss of companionship, and emotional suffering. These damages aim to provide some measure of relief to the family for the profound impact of losing a loved one due to someone else's negligence.
Factors affecting your claim include the severity of your injuries, your age and overall health prior to the accident, and the clarity of liability. An experienced personal injury attorney can help evaluate these factors and build a strong case to seek full and fair compensation for your injuries.
At Golden State Lawyers, APC, our San Jose slip and fall injury lawyers are dedicated to ensuring that you receive the compensation you deserve. Contact us for a free consultation to discuss your case and explore your legal options.
How much is my San Jose slip and fall claim worth?
In a San Jose slip and fall case, you can recover compensation for your economic and non-economic losses, including medical expenses, lost income, physical and emotional pain, and loss of enjoyment of life. With this in mind, it stands to reason that more serious injuries typically result in more compensation.
For example, if you suffer a traumatic brain injury in your slip and fall, you may receive more compensation than a person who twisted their ankle.
Some of the specific factors that may affect how much compensation you can obtain include the following:
- The severity and extent of your injuries;
- Your diagnosis and prognosis;
- Your age and pre-incident health;
- Your occupation and income.
How long do I have to file a San Jose slip and fall claim?
You don't have an unlimited amount of time to file a slip/trip and fall claim. While this sometimes begins with an insurance claim, you might need to file a lawsuit against the responsible parties to obtain full compensation. Under the California statute of limitations, you only have two years to file a San Jose slip and fall lawsuit, so you want to make sure that this option is available to you when needed. If your claim is against a public/government agency, you have even less time.
That said, it is always in your best interest to start your slip/trip and fall claim as soon as possible. Retaining an attorney early in the process ensures that they have time to investigate your case before evidence is lost or destroyed and have plenty of time to prepare the necessary paperwork. For example, stores regularly wipe their surveillance footage, and witnesses' memories of the accident may fade. If you wait too long to start your claim, they might erase the footage.
Can I afford a San Jose slip/trip and fall attorney?
One common concern that those injured in slip/trip and fall accidents have is whether or not they can afford an attorney. They assume that all law firms charge high hourly fees to handle cases. Fortunately, the way our fee system works allows everyone to afford the help of a slip and fall lawyer.
At Golden State Lawyers, we take all of our San Jose slip/trip and fall cases on a contingency fee basis. When lawyers use a contingency fee agreement, it means that any legal fees are contingent upon obtaining compensation for their clients. In other words, if we do not recover any compensation on your behalf, you will not owe us anything.
If we do secure a settlement or award on your behalf, we are paid an agreed-upon percentage of your compensation. At no point will you need to pay for our services out of pocket. By utilizing this type of fee agreement, we can ensure that everyone who needs legal help after an injury-causing incident can get it.
Why hire our San Jose slip and fall lawyers?
At Golden State Lawyers, APC, our legal team has decades of experience representing injured people and families of people killed by others, including people injured in slip/trip and falls. If you are undergoing medical treatment for unexpected injuries, you do not need any additional stress in your life.
An insurance company for the at-fault party may try to contact you after your accident with an offer to settle your case. We strongly recommend that you contact us before you communicate with insurance companies about your case.
Once you accept a settlement, you cannot ask for more compensation in the future, even if you discover your injuries are worse than you expected and affect you in ways you never foresaw. You cannot even seek more compensation for medical bills and other expenses tied to your accident.
At Golden State Lawyers, APC, we will negotiate with the insurance companies to obtain full and fair compensation for all your injuries, damages, and losses. As trial lawyers, we have the leverage to settle most personal injury claims out of court, but if an insurance adjuster refuses to settle fairly, we are prepared to file a personal injury lawsuit on your behalf.
Allowing our team of experienced San Jose slip and fall attorneys to do all the legal heavy lifting for you allows you to focus on your physical recovery.
Our firm always fights hard for the maximum recovery in every case. Your injuries and losses are uniquely personal, so your case deserves personalized attention. Our staff is dedicated to service and professionalism, and we truly care about the result in your case.
To learn more about how we operate and get to know our team, please contact us for your free case evaluation.
We Only Get Paid if You Win
If you are in San Jose or the surrounding Bay Area and you suffered from a slip and fall injury, contact Golden State Lawyers today for your free initial consultation. We work on a contingency fee basis, which means you only pay us if you win.
Let our experienced San Jose personal injury attorneys help you get the compensation you deserve for falls resulting from slips or trips. Call 408-279-4222 or contact us online today.