Attorney Portrait Personal Injury

How Long Do Slip and Fall Injury Cases Take to Resolve?

| Read Time: 5 minutes

When you get hurt in a serious slip and fall accident, you are probably wondering: how long does a slip and fall case take to settle? The short answer is that slip and fall accidents can take varying times to resolve, and the timetable for any given slip and fall case in California or elsewhere depends upon the facts of the case. At the same time, however, slip and fall claims tend to have similar elements, and it can help for slip and fall injury victims to understand the process of filing a premises liability claim in order to have a better understanding of the length of time for any given slip and fall case or settlement. Example of a Slip and Fall Injury Case in California How long do slip and fall settlements take? In order to provide you with more information about this question, we want to give you a hypothetical example of a slip and fall case that we will use to tell you more about how the premises liability settlement process works. Here is an example of a slip and fall case: Joe was grocery shopping at a local supermarket. He was wearing shoes with a leather sole, which tend to be somewhat slick on flat surfaces, but he came directly from work. Joe usually wears his leather-soled shoes when he makes any stops on his way home from work, and he has never had any problems in the past. Joe knows he needs only a handful of items on a grocery list, including a new bottle of olive oil. He heads down the aisle with oils and other cooking supplies, carrying a shopping basket that is relatively heavy since it is filled with other grocery items. The floors in the supermarket are an off-white color, so Joe does not notice that a bottle of olive oil spilled on the floor. Clearly, someone cleaned up part of the spill previously—there are no signs of a broken bottle, and only the olive oil remains on the floor. Joe is rushing down the aisle to grab the oil he needs because he realizes he is late to pick up his child from daycare. While rushing down the aisle, Joe slips and falls on the oil. As a result of the slip and fall, Joe breaks his wrist and suffers a concussion. Because of the concussion, he needs to take several days off from work, and he also needs extensive surgery and follow-up medical treatments to repair the multiple breaks in his wrist. How is Joe’s slip and fall case likely to proceed? Demand Letter and Insurance Negotiations Typically the first step in a slip and fall settlement is to send a demand letter to the property owner to seek compensation for losses through insurance. The supermarket in the example above likely has insurance, and Joe’s premises liability lawyer could attempt to negotiate with the insurance company for a fair slip and fall settlement. In order to convince the insurance company to offer a fair settlement, the demand letter usually needs to make clear that Joe would win a slip and fall lawsuit because the facts of the case meet the essential factual elements of a premises liability claim: Supermarket owner or manager (the defendant) controlled the property where Joe slipped and fell; Supermarket owner or manager was negligent in failing to properly clean up the oil spill in the aisle; Joe (the plaintiff) suffered harm as a result of the defendant’s negligence; and Supermarket’s negligence was a substantial factor in causing Joe’s injury. In some cases, the defendant’s insurance company will negotiate a fair settlement, but in other cases, the plaintiff will need to file a premises liability lawsuit. When an insurance company makes a fair settlement offer, a slip and fall settlement can occur very quickly—within weeks to a couple of short months after the accident. However, when a plaintiff needs to go to court, the timetable for a settlement offer becomes much longer. Filing a Premises Liability Claim in California A plaintiff has two years from the date of the slip and fall injury to file a premises liability lawsuit in California. This is known as the statute of limitations. As long as two years have not passed, Joe’s lawyer can prepare a complaint. The complaint will provide key factual information about the case, such as who is being sued, where and how Joe slipped and fell, and what kinds of damages Joe expects the supermarket to pay for his injuries. Damages in slip and fall cases typically include compensatory damages, which compensate a victim for losses. These can include economic damages (like lost wages and medical bills) as well as non-economic damages (like pain and suffering). Once Joe files a complaint, the defendant will be able to file a response, which is known as an answer. The answer typically involves the defendant admitting to or denying the statements in Joe’s complaint. In the answer, the defendant can also bring up any affirmative defenses, such as a comparative fault. Under California law, a plaintiff’s damages can be reduced if he bears some responsibility for the accident. In the hypothetical, the defendant might argue that Joe is partially to blame because he worse shoes with slippery soles and that he would not have slipped otherwise. At any point, after Joe has filed a complaint, the defendant can offer a settlement amount. If it is acceptable, Joe can take the settlement offer and end the case. If not, Joe’s lawyer can negotiate a better settlement, or the case can move forward. The longer a case remains in court, the lengthier the timetable before Joe receives compensation. Discovery and Premises Liability Trial Motions If a case moves forward without a settlement, it will go through a phase known as discovery (where both parties gather evidence), and then to trial motions. It can take quite awhile for the discovery process to conclude, as well as to set court dates and...

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Attorney Portrait Slip and Falls

What is the Average Settlement from a Slip and Fall Case in Long Beach?

| Read Time: 2 minutes

Many of our clients come to us after slipping and falling. Some of them had to go to the hospital to deal with various injuries like concussions, torn ligaments, or broken bones. Nevertheless, many clients are worried that they shouldn’t even pursue a lawsuit because they won’t receive enough money. This belief is misguided. Below, we will outline some of the considerations that go into determining how much your injuries are worth. How Severe are Your Injuries? Personal injury settlements are meant to make you “whole.” This means that you should be in the same position financially that you would have been in had your slip and fall never happened. For example, you can receive compensation for the following economic losses: The cost of medical treatment. This includes the cost of transportation to the hospital, surgery, doctor’s visits, equipment, rehabilitation, and prescription drugs. If your injuries are serious, you can receive future medical expenses as well. Lost wages. Were your injuries so bad you couldn’t go to work? If so, you can receive compensation to make up for lost income. You can also receive lost future wages if your injuries are so serious you can’t return to your job. Property damage. You might have broken your eyeglasses or smartphone after falling. You can receive money to replace these items. Hold onto medical bills and pay stubs that show how much money you have lost. Your personal injury lawyer will rely on this information to help determine the amount you can receive. Calculate Intangible Injuries In a successful slip-and-fall case, you can also receive compensation for injuries like pain and suffering or emotional distress. It’s harder to put a price tag on these injuries, but they are very real nevertheless. In general, clients often receive 1.5-5 times the amount of their economic losses in pain and suffering damages. In settlement negotiations regarding damages, most of the dispute centers around these non-economic injuries. There really isn’t a dispute about the amount of medical bills or lost wages, but non-economic injuries don’t have a bill or receipt attached to them. An experienced personal injury lawyer can maximize your settlement by convincing an insurance adjuster to take your pain and suffering seriously. In one case, our firm settled a case for $34,000 although medical expenses were less than $3,400! Speak with a Long Beach Slip and Fall Lawyer The road to recovery begins with obtaining the necessary compensation for your injuries. At the Beliz Law Firm, we have experience in handling slip-and-fall clients. Reach out today to schedule a free case review.

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Attorney Portrait Slip and Falls

Why Is It Important to Hire A Slip and Fall Injury Attorney?

| Read Time: 3 minutes

Accidents can happen anywhere, and pedestrians are vulnerable to slipping and falling in businesses as well as on private residences. After a fall, you might suffer a devastating injury that requires immediate medical attention. Unfortunately, medical treatment costs money—money you might not have. You might also miss work because of your injuries. If so, you should contact a Long Beach slip and fall injury attorney as soon as possible. An Attorney Can Analyze Whether You Have a Valid Legal Claim California Civil Code section 1714 imposes on all landowners a duty to manage their property with ordinary care and skill. To sue a property owner for compensation, you will need to show that they did not meet this obligation. For example, a premises owner might be negligent for: Failure to warn of any hazards, such as holes in the ground or water on the floor Failure to fix hazards in a prompt manner, such as replace loose tiles or worn carpeting Failure to inspect the property to find hazards No two slip and fall cases are the same, so a lawyer will need to analyze the surrounding circumstances to check whether you can hold the premises owner responsible. A Lawyer Can Help You Gather Evidence You will need quality evidence if you hope to receive a settlement or win a lawsuit. In particular, you will need to establish that a hazard existed on the property which injured you. For example, you might have slipped because of: Worn carpets Loose tiles Rainwater on surfaces Liquid spills on the floor Poor lighting that makes it hard to see Unless you took a picture of the hazard immediately after the accident, you will need to gather proof of what caused you to slip. Depending on the circumstances, a lawyer can help you: Find surveillance video that shows your fall Investigate the building codes on any potential violations of the property Request any and all incident reports for the fall and any prior falls Return to the property to take pictures or video of the hazard, if it still exists Collect witness statements from people who saw you slip and fall A Lawyer Can Negotiate with a Defendant Most lawsuits do not go to trial because both sides have an incentive to settle. As the injured plaintiff, you can benefit by getting access to financial compensation faster than if you sue. However, settlement negotiations are complex, and an inexperienced negotiator can make many mistakes. By hiring a slip and fall injury lawyer in Long Beach, you will set yourself up to maximize the compensation you receive. Our lawyers understand the tricks that property owners and their insurers play to minimize their legal liability, and we have secured many favorable settlements. We are also prepared to go to trial if necessary to get you the compensation you deserve. Speak with a Long Beach Slip and Fall Injury Lawyer Injured victims are often too scared to speak up and demand compensation when injured through no fault of their own. Let us be your voice. At the Beliz Law Firm, we have decades of experience fighting for our clients, and we will leave no stone unturned as we work for you. To schedule your free consultation, please call 562-452-3772.

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Attorney Portrait Slip and Falls

What Type of Settlement Can I Expect from a Slip and Fall Ankle Injury?

| Read Time: 3 minutes

Did you recently slip and fall at a small business in Southern California or at a private residence in Long Beach? Regardless of where you slipped and fell, you may be able to obtain compensation. The accident must have resulted from the property owner’s (or property manager’s) negligence. Under California law, property owners, as well as anyone who rents, occupies, or otherwise controls property, has a basic duty of care to people on the property. Specifically, the property owner must “use reasonable care to keep the property in a reasonably safe condition.” If a slip and fall accident occurs because a property owner failed to use reasonable care to keep the property in a reasonably safe condition, the injury victim may be able to obtain an insurance settlement or to seek compensation through a settlement after filing a premises liability lawsuit. What type of settlement can you expect to receive for a slip and fall ankle injury? Seeking Compensation through an Insurance Policy The first step in determining the type of settlement you can expect to receive from a slip and fall ankle injury is establishing the four elements of negligence. These elements are duty, breach, causation, and damages. Whether you may be eligible to obtain compensation through an insurance policy for your injuries depends on the facts concerning each of the negligence elements. If you slipped and fell at a local business or at a private residential property, you may be able to obtain a settlement from an insurance company. If your slip and fall occurred at a Long Beach business, the commercial property insurance policy for the business may provide coverage for your slip and fall ankle injury. Likewise, if you slipped, trip, and fell at a private residence and the owner has homeowners’ insurance, you may be able to file a claim through the homeowner’s insurance policy. It can take weeks, months, or even years to negotiate a settlement with an insurance company. But you may be able to obtain a settlement that includes both economic and non-economic damages. Economic damages provide compensation for direct financial losses. They include things like the surgery costs and lost wages due. It is common for people to miss work with serious injuries. Non-economic damages cover subjective losses such as pain and suffering. If, for instance, you fractured multiple bones in your ankle and are in serious pain as a result of the slip and fall accident, you may be able to negotiate a settlement that includes compensation for pain and suffering. When an Insurance Claim Settlement is Insufficient, You May Be Able to File a Lawsuit If you cannot obtain the compensation you deserve through an insurance claim, you may be able to negotiate a settlement after filing a lawsuit against the negligent party. A premises liability lawyer can negotiate with the defendant. They will show that they can prove the defendant’s negligence and thus responsibility for the accident under California law. When a plaintiff’s case involves strong evidence of the defendant’s liability and your documentation of your injuries, the defendant may be willing to settle the case instead of taking it through a trial and to a judge or jury. In such a case, the compensation may include both economic and non-economic losses. Contact a Long Beach Premises Liability Lawyer If you sustained an ankle injury in a slip and fall accident, a California premises liability lawyer can help you to get the settlement you deserve. Contact the Beliz Law Firm today.

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Attorney Portrait Slip and Falls

Do I Deserve Compensation for My Slip & Fall Accident?

| Read Time: 3 minutes

If you slip and fall on an individual’s or business’s property, they may owe compensation for your injuries. However, the case must meet several criteria for a valid slip and fall claim. We all fall down from time to time, and not every accident deserves compensation. Only under certain conditions is the owner of the property responsible for your injuries. Find out if your slip and fall accident may be worth pursuing a personal injury settlement. Does Your Case Meet the Components of a Premises Liability Claim? Slip and fall claims fall under the category of premises liability. Premises liability means the owner of the property is responsible for providing a safe environment for guests. When unsafe conditions lead to an accident, the victim is often entitled to compensation. The victim prove the owner acted negligently, though. There are three essential elements to establishing a negligence claim: The defendant owed a duty of care to the plaintiff. Property owners have a duty to protect the people on their property from hazards in most circumstances. This duty of care does not usually extend to trespassers. The defendant breached his duty through his actions or failure to act. The property owner did not take reasonable steps to prevent the victim’s accident. The defendant’s breach of duty resulted in harm to the plaintiff directly. The victim must have suffered damages. If the defendant acted negligently, but the plaintiff isn’t facing injuries, a valid negligence claim does not exist. What Was the Condition of the Property? To deserve compensation for your slip and fall accident, you must have been subjected to unsafe conditions on the premises where your accident occurred. Examples of unsafe conditions include: spilled or leaking liquids in areas you would not expect wet or slick floors icy parking lots, sidewalks, and entrances potholes or badly broken concrete/asphalt/stairs obstructed paths Was the Owner Aware of the Property’s Condition? We cannot hold property owners responsible if he or she was unaware of the hazard that caused your injuries. The owner must be aware of the unsafe conditions to be liable. This is often the most difficult component of a slip and fall claim to prove. The court may look at how long the hazard was present before the accident occurred to decide if the owner should have known about the unsafe conditions. Did the Owner Attempt to Warn You or Fix the Problem? Property owners should attempt to resolve the problem as soon as possible. When someone cannot fix a hazard immediately, the owner must notify guests of the danger. Failure to display a “wet floor” sign near slick floors could cause an accident worthy of compensation. Are You at Fault for the Accident? Although property owners have a duty of care to their guests, individuals also have a responsibility to avoid injury. If your accident was the result of your own negligent or reckless behavior, you may not be able to seek recovery for your injuries. For example, if you’re injuries result from skateboarding on a visibly icy sidewalk, the court may find you are partially responsible for your injuries. In these cases, the court may reduce your compensation by the percentage to which it determines you are at fault. Reach out to Michael Beliz, Slip and Fall Attorney in Long Beach, California For a free consultation and case review, contact the Beliz Law Firm today. We are eager to assist you throughout each step of your case.

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Attorney Portrait Slip and Falls

Four Examples of Slip and Fall Negligence

| Read Time: 2 minutes

There are many situations in which you can suffer a slip and fall injury. But they all hinge on one main cause: negligence. Property owners and business owners live busy lives. It’s easy to overlook spilled milk or a cluttered walkway. However, when these types of situations occur, time is of the essence. When you fail to clean up these messes promptly, they become dangers for customers and guests. If someone slips or trips and falls and suffers injuries as a result, the party in charge of maintaining the property is often held liable. Read on to learn about four common types of slip and fall negligence. Wet Floors Wet floors are the most common cause of slip and fall accidents. They tend to occur in stores and restaurants, where water and other liquids can spill and cause puddles. Customers can also make floors wet by bringing in water from the rain or ice outside. Store managers and employees should be aware of these situations. They need to take the proper steps to clean up floors promptly. Further, once an employee has mopped a spill, it’s a good idea to set up “Wet floor” signs. This lets customers know that the floor is potentially wet. They can then take necessary precautions. Damaged Flooring It’s not uncommon for old carpet to get loose from the floorboard and start to pile up. This can cause customers to trip over it and fall. Mats and rugs that are not securely attached to the floor can also come up and cause trips and falls. Stairs are especially notorious for trips and falls. A lack of maintenance can cause floorboards to come loose or even fall, resulting in serious accidents for guests. Property owners need to maintain and inspect floors often. They should make repairs as soon as possible. Ditches, Potholes, and Damaged Sidewalks Sidewalks and parking lots should be free of huge, overt cracks and openings in the ground. They can cause customers to trip and fall. Whoever owns the property—typically the city or store owner—needs to ensure that even the outside areas of the store are free of defects. If they cannot fix the situation immediately, they should post signs, fences and other warning markers to let customers know. Inadequate Lighting Inadequate lighting is a major issue in outdoor areas, such as apartment complexes. Property owners have a responsibility to provide sufficient lighting so that customers can walk safely. A lack of lighting can cause someone to walk in darkness, which can affect vision and lead to trips and falls. Owners should inspect lighting regularly. This will ensure there are no burnt-out light bulbs or other situations that can cause reduced lighting. Get Help for Your Slip and Fall Injury A slip and fall injury is no laughing matter. You could suffer broken bones, torn ligaments, head trauma, brain injuries, paralysis and more. Your injuries could be long-term or life-threatening in nature. They will likely result in expensive medical bills. You may not be able to return to your job. The Long Beach premises liability lawyers at The Beliz Law Firm can assess your case and help you recover the compensation you deserve. Contact us and schedule a consultation by calling (562) 452-3772.

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