Slip and fall accidents can occur on someone else’s property, and these accidents can result in unfortunate injuries. When an injury is sustained on another person’s property, it can be confusing trying to determine if the property owner was liable or if it was your own fault. However, there are some key ways that you and your personal injury attorney can determine fault for your slip and fall accident.
How Can I Find Who Is Responsible for My Slip and Fall Injury?
Many people are injured every year from slipping and falling on wet floors, defective staircases or rough areas of ground. Property owners have a duty to maintain their property. To determine fault in a difficult slip and fall case, questions will be aimed at whether the property owner acted carefully so that slipping or tripping was less likely to occur, and whether the victim was careless or not in avoiding the hazard. One of the following must be true for a property owner to be liable for your injury:
- The property owner caused the spill, worn pavement/surface or other dangerous surface or item to be underfoot
- The owner or an employee of the property must have known about the hazard and did nothing about it
- The owner or property employee should have known of the hazard because a “reasonable” person in charge of the property would have discovered and repaired or removed it
Phrases such as “should have known” and “reasonable” are hard to legally define and can make personal injury cases like these hard to solve. Determining the defendant’s “reasonableness” will depend on the specific circumstances of the hazard that caused the injury, and it will depend on the details of the property and the property owner’s employment duties.
If you have been injured in a slip and fall accident, you should contact a Fairfield personal injury attorney today to fight for your right to compensation.
If you have unfortunately suffered injuries from a car accident, slip and fall incident, or any other type of accident, you’re probably facing a lot of questions about your near future. If your injuries were serious, you are probably considering filing a lawsuit. It’s expected to have the concern: “what is my case actually worth?” People want to know how much time and effort they will have to put into a case, and if it will all be worth it in order to gain full compensation.
How Can I Know My Case is Worth a Lawsuit?
In order to determine how much your case is worth, there’s one thing you’ll have to calculate: damages. Damages will include what your injuries cost you financially, mentally, and physically. In personal injury cases, monetary damages are paid to the injured person by the person or company who is found to be responsible, which is the defendant or their insurer.
Monetary damages are also “compensatory” damages, which means that their intention is to compensate the injured person for what was lost due to the injury or accident. Sometimes compensatory damages are easy to quantify and put a dollar amount to, especially if it’s a reimbursement for medical bills or any property damages. Pain and suffering, however, is much more difficult to place a monetary value on. When it comes to pain and suffering, you and your personal injury attorney will work together to collect proof of things such as emotional distress, loss of enjoyment, and loss of consortium (negative impact on plaintiff’s relationships).
Punitive damages are another type of damages that will help you calculate if your case is worth a lawsuit. These damages are different than compensatory damages because their goal is to punish the defendant for their careless or negligent behavior that could have caused your injury.
In conclusion, knowing if your injury case is worth a lawsuit depends on many different circumstances. Once you determine the different damages that are related to your case, and which ones can be quantified and which ones will need alternate proof, you’ll have a good estimate. Contact our California personal injury law firm to get more information for your case today.