SLIP & FALL ACCIDENT LAWYERS BAKERSFIELD

INJURIES

Don’t Allow Someone’s Negligence to Derail Your Future.

Not all slip-and-fall accidents will support a personal injury claim.

When you suffer an unavoidable injury, there is no legal liability for your damages. But if your injury resulted from the negligent actions of a person or business, you may have a claim for damages.

However, the burden of proving negligence falls on the claimant. This means that you and your personal injury lawyer must point to a specific lapse by the person or business that owned, occupied, or controlled the premises and show that this negligent act caused your injuries.

Most people rely on an accident injury lawyer to develop the case theory and assemble the evidence to support that theory.

To prepare for your slip and fall case, our personal injury lawyers may need to:

Investigate the accident

The initial step in a slip and fall case is thoroughly investigating the accident.

Lawyers will examine the scene, looking for any hazards or conditions that led to the fall.

This investigation may include reviewing surveillance footage, inspecting the premises for safety violations, and identifying potential witnesses to the incident.

Gather evidence to prove liability

Gathering evidence is crucial for demonstrating the property owner’s negligence.

Attorneys collect physical evidence, secure surveillance videos, and compile witness statements to build a compelling case.

This evidence must clearly show that the property owners knew or should have known about the dangerous condition and failed to address it, directly leading to the accident.

File an insurance claim for compensation

Once sufficient evidence is collected, the next step is to file a claim with the property owner’s insurance company.

This claim will detail the circumstances of the accident, the extent of the injuries, and the compensation sought.

Lawyers ensure that the claim accurately reflects the damages and is backed by solid evidence, setting the stage for negotiations.

Negotiate to settle the claim

Negotiation is a critical phase where attorneys aim to reach a fair settlement with the insurance company.

They use the gathered evidence to justify the claim’s value, negotiating compensation covering all medical expenses, lost wages, and other damages.

Effective negotiation can often result in a satisfactory settlement without needing a trial.

File and litigate a lawsuit if we cannot reach a settlement

If negotiations do not lead to an acceptable settlement, the next step is to file a injury lawsuit and prepare for litigation. This involves presenting the case in court, arguing before a judge or jury, and demonstrating the defendant’s negligence led to the injuries. Litigation can be a complex and lengthy process, but it may be necessary to achieve fair compensation.

Investigating the accident and gathering evidence can be significant in a slip-and-fall accident. Unlike a car accident, police rarely investigate slip-and-fall accidents and produce an accident report. Instead, the best evidence of negligence will often rest in the hands of the person or business accused.

For example, a slip-and-fall accident in a store might have many witnesses and even security camera footage that can verify what happened. But investigating what happened may require a personal injury accident lawyer to:

Find customers who witnessed the accident

Identifying and locating customers who witnessed the accident is pivotal in corroborating the victim’s account of the event.

Lawyers often seek to collect testimonies from these witnesses, as their impartial perspectives can significantly strengthen the case.

These accounts help establish the circumstances leading up to the accident and validate the presence of hazards or negligence.

Interview store employees and managers

Interviewing store employees and managers provides insight into the operational procedures and safety protocols of the premises.

These interviews can reveal whether the staff was aware of the hazardous condition and if any action was taken to rectify it before the accident.

Employee statements can also shed light on regular maintenance schedules and any deviations from standard safety practices.

Obtain a copy of security videos

Security footage is one of the most potent evidence in slip and fall cases, offering a visual account of the incident.

Attorneys request copies of any relevant security videos from the time of the accident to precisely understand how the event unfolded.

Analyzing this footage can help establish the hazard’s presence, the victim’s movements, and the overall conditions of the premises at the time of the accident.

Throughout your case, we will remain current on your injuries and treatment. The severity and duration of your injuries will play a key role in determining your damages.

A slip and fall lawyer will also work with you to identify your goals for your case so we understand whether we can settle the case or need to take the case to court.

In a slip-and-fall accident, your feet lose traction.

Your feet usually slide forward, which causes you to fall backward. As you fall, you can hit your hip, back, neck, or head on the ground.

You might also try to break your fall by reaching back with your arms, which can lead to suffer injuries to your hand, wrist, elbow, arm, and shoulder.

In a trip and fall accident, your foot or leg catches on something or you lose your footing.

Your momentum causes you to fall forward.

When you impact the ground, you hit your hands, wrists, arms, elbows, knees, chest, or head.

Common injuries in a falling accident include:

Fractured or sprained wrists

Fractured or sprained wrists often occur as victims try to break their fall, leading to severe pain and potential long-term mobility issues.

Treatment may involve casting or surgery for fractures and physical therapy for sprains.

Fractured or sprained knees

Injuries to the knees, such as fractures or sprains, can result from the impact of a fall or an awkward landing.

These injuries can severely limit mobility and may require surgical intervention followed by extensive rehabilitation.

Fractured hips

A fractured hip is a severe injury commonly seen in slip and fall accidents, especially among older adults, and typically requires surgery and lengthy recovery periods to restore mobility.

Fractured arms

Falling onto an outstretched hand or directly onto the arm can lead to fractures that may necessitate casting, splinting, or even surgical repair to realign the bones for proper healing.

Fractured ribs

The impact from a fall can cause fractured ribs, leading to intense pain, difficulty breathing, and a risk of damaging internal organs.

Treatment focuses on pain management and monitoring for complications.

Fractured vertebra

A fall that impacts the back can fracture vertebrae, posing risks of spinal cord damage and necessitating immobilization or surgical intervention to stabilize the spine and prevent further injury.

Fractured skull

A direct blow to the head during a fall can result in a fractured skull. This critical condition can lead to brain injuries and requires immediate medical attention to mitigate serious consequences.

Dislocated elbows or shoulders

Falls can force joints like elbows or shoulders out of their natural position, causing immediate pain and requiring medical intervention to realign the joints and commence recovery.

Herniated discs

The force of a fall can cause the discs between vertebrae to herniate, leading to nerve pain and weakness and sometimes requiring surgical treatment to relieve pressure on the spinal cord or nerves.

Strained back muscles

Straining back muscles during a fall can result in significant pain and limited mobility.

Treatment typically involves rest, pain relief medication, and physical therapy to strengthen the back and prevent further injury.

Falling accidents can also lead to long-standing problems. A bump on the head can cause a traumatic brain injury (TBI), like a concussion or contusion.

A herniated disc or fractured vertebra can compress or sever the spinal cord. This can cause nerve pain, numbness or tingling, muscle weakness, and paralysis.

Common injuries in a falling accident include:

• Fractured or sprained wrists
• Fractured or sprained knees
• Fractured hips
• Fractured arms
• Fractured ribs
• Fractured vertebra
• Fractured skull
• Dislocated elbows or shoulders
• Herniated discs
• Strained back muscles

Falling accidents can also lead to long-standing problems. A bump on the head can cause a traumatic brain injury (TBI), like a concussion or contusion. A herniated disc or fractured vertebra can compress or sever the spinal cord. This can cause nerve pain, numbness or tingling, muscle weakness, and paralysis.

Slip and fall injury accidents happen frequently and can have grave consequences.

About 8 million emergency room visits happen every year due to falls. About 1 million ER visits happen after a slip and fall accident.

Injuries after a fall range in severity from bumps and bruises to death.

Falls have an especially severe impact on older people.

Falls are the leading cause of accident-related death for people over 85 and the second-leading cause of accident-related death for people between the ages of 65 and 85.

Even for younger people, falls can result in a temporary or permanent disability that causes them to miss work or change jobs.

This could lead to a loss of income or even a permanent diminishment in earning capacity.

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The person or business that controlled the premises will have liability for negligence that occurred on the premises.

For example, suppose a shop in Bakersfield leases its space from a property owner.

The lease requires the property owner to maintain the stairs leading to the shop.

If your accident happened on the stairs, you would file your claim against the property owner. If your accident happened inside the shop, you would file your claim against the store owner.

But this only provides part of the story.

Most landowners, occupiers, and managers have property liability insurance. For homeowners, this coverage usually appears in their homeowner’s insurance policy. For residential tenants, this coverage usually comes from their renter’s insurance policy. A property insurance policy and general business liability policy usually cover on-premises accidents for businesses that rent or own property.

When you suffer from an injury in a slip-and-fall accident, you usually begin with the liability insurer for the property on which the accident happened.

If the insurer agrees that their customer acted negligently, the insurer will pay your claim.

If you cannot reach a settlement agreement with the insurer, you will file a lawsuit against the person or business controlling the premises. The insurer will be responsible for any damages awarded up to the policy limits.

To discuss your slip-and-fall accident with an experienced and knowledgeable Bakersfield slip and fall lawyer, contact OPO Law or schedule a free consultation.

During your consultation, you can tell us about your injuries and how you got them.

We will then help you devise a legal strategy to seek a fair settlement and compensation for your damages.

Learn About Your Rights and Legal Options

If you or a loved one has been the victim of a slip and fall accident, contact Owen, Patterson & Owen to schedule your consultation and take care of all of your legal matters.

During this free evaluation, an experienced attorney will review your case and advise you on your best options for recovering the maximum amount of compensation.

Moreover, OPO Law’s expertise extends beyond slip and fall accidents.

The firm also specializes in a broad range of personal injury cases, offering comprehensive legal services to victims of motor vehicle accidents, premises liability claims, and other personal injury incidents.

Whether you’ve suffered injuries from an auto accident, an unsafe property condition, a motor vehicle accident, or any other scenario where another’s negligence led to harm, our slip-and-fall lawyers at OPO Law has the experience and resources to support your recovery journey.

By choosing OPO Law, you’re not just getting legal assistance; you’re gaining a dedicated ally ready to fight for your rights across various personal injury cases. This holistic approach to personal injury law ensures that regardless of how you were injured, you have access to legal experts adept at navigating the intricacies of different claims, all aimed at achieving justice and the compensation you rightfully deserve.