Injuries from a slip and fall accident often leave you struggling. It can be so devastating that you may find it difficult to even perform your daily chores, altering your normal, convenient life.
If you slipped and fell on someone else’s property, especially in a place of business, you may have grounds to file a personal injury claim, which could help pay your bills and manage your finances while you recover from your injuries. However, filing a claim can be so complex that it merits the help of a highly qualified legal team. An experienced Escondido slip and fall attorney from Marino & Tye LLP can help you navigate the process and receive the compensation you deserve.
Contact us today at (760) 741-7643 to learn more about how we can help.
Do You Need a Slip and Fall Attorney in Escondido?
If you suffered serious injuries in a slip and fall accident, you may wonder if you really need a lawyer—or if it is a practical one. After all, medical bills accumulate fast, and you may struggle to take care of your finances even without adding a costly lawyer bill into the equation. It may seem counterintuitive to you, but having the right attorney on your side can make it easier to seek the compensation you deserve for your injuries. At Marino & Tye LLP, we have collected millions for our clients. While we cannot guarantee the results of your claim, we do bring that substantial experience to every case we handle for our clients. Get in touch with one of the reputable attorneys at Marino & Tye LLP today and discover the benefits you can get in working with us.
Working with an attorney can help you increase your total compensation. You will also receive valuable legal advice that can help you avoid snares that hinder you from getting the claims you deserve. Not only that, an attorney can help negotiate with the insurance company on your behalf, freeing up your time to focus on your recovery and making the necessary changes for others to be protected from accidents like yours.
Slip and Fall Accidents: The Aftermath
After a slip and fall accident, you may find yourself facing several common types of injuries, including:
- Broken bones, especially hip fractures or knee injuries
- Traumatic brain injury, including ongoing disorientation, difficulty regulating emotions, or difficulty with comprehension
- Spinal cord damage, including limited mobility or even paralysis
- Soft tissue damage that, in many cases, can cause more long-term pain and suffering than broken bones
What Happens During Your Claim?
After a slip and fall accident, working with a lawyer can help you better understand California premises liability law and the claims process – from communicating with the insurance company to taking the case to court, if necessary. Understanding the answers to these key questions, however, can help provide you with peace of mind.
What damages can you claim after a slip and fall accident in Escondido?
To be able to claim damages from a slip and fall accident, you must first prove that you suffered injuries in the slip and fall. The compensation you receive will vary depending on factors like how badly you were injured and the extent of your insurance policy. In general, however, most people claim the following:
- Lost wages due to missed time at work
- Lost earning potential when your slip and fall accident permanently prevents you from returning to your work
- Medical expenses from the accident – from the early stage of treatment to recovery
- Pain and suffering, including the need to miss out on activities that once brought pleasure
Who bears responsibility for your injuries?
In a slip and fall accident, generally, you assume that the owner of the premises where you fell bears responsibility for your injuries. However, your lawyer will ask several key questions to help determine liability. These include the following:
- Did the premises owner fail to properly maintain the area? This might include matters like repairing flooring or keeping up with the sidewalk outside the shop.
- Did the premises owner provide reasonable safety precautions? This includes installing handrails and guard rails as required by OSHA, as well as ensuring simple precautions, like offering wet floor signs if employees recently washed the floor or customers tracked water inside.
- Did employees clean up any spills promptly?
- Did employees allow trip hazards to remain in the aisles?
- Did you contribute in some way to your injury? This might include horsing around in the store, rather than behaving normally, or entering an area that was clearly marked for “authorized persons only.” If you contributed to your accident in some way, the insurance company may decrease your total compensation amount based on the percentage of responsibility that you bear.
Will the insurance company fight the claim?
In some cases, personal injury claims breeze through the insurance company. In others, however, the insurance company may attempt to fight the claim. Oftentimes, insurance companies use familiar methods to reduce their financial obligations, including:
- The company may issue a settlement offer immediately after the accident. But this offer often fails to include all of your medical costs or full consideration of your pain and suffering. So, be mindful of this. If you agree and sign this offer, it may prevent you from receiving any compensation for future costs.
- The company may attempt to prove that your injuries existed prior to your slip and fall or were made worse by a pre-existing condition.
- The company may attempt to prove that you caused your own injuries, whether because you entered a location closed to the public or because you chose to engage in horseplay.
- The company may try to claim that you exaggerated your injuries or that they limit you less than you actually claim. They may attempt to catch you participating in activities your injuries should theoretically cause you to limit or avoid.
Why You Need an Escondido Slip and Fall Attorney
If you suffered serious injuries in an Escondido slip and fall accident, waste no time to contact an attorney. The sooner you have a legal expert on your side, the sooner he or she can start working for you by collecting evidence, negotiating with the insurance company, and providing you with valuable support as you file your claim.
If you need a qualified, experienced Escondido slip and fall attorney, please call Marino & Tye LLP at (760) 741-7643.