Each time you leave your own property and step onto someone else’s—whether it is private property, a San Diego CA business, or government property—you have every right to expect that your visit will be safe and free from avoidable hazards. This right is protected under premises liability law, in San Diego and beyond, and entitles a victim to seek compensation under a premises liability lawsuit in the event that they are injured. However, whether your premises liability case seems extremely straightforward or if it appears to be complex, hiring a San Diego slip and fall lawyer is an important step in the process.
The San Diego premises liability lawyer at The Law Office of Vikas Bajaj, APC is here to help you through your entire upcoming legal process to get the money that you deserve. When you are working with a slip and fall attorney, San Diego premises liability injury cases can be much less overwhelming, and you can have the emotional space that you need in order to focus on making a recovery without having to take on the burden of your legal issues.
Contact The Law Office of Vikas Bajaj, APC For a Free Consultation Today
Trying to choose the right San Diego premises liability lawyer for your case can be a daunting process before you even need to start taking on the insurance companies, which is why we believe that it is so important to offer a free consultation with our slip and fall lawyers. San Diego is home to many law firms, but we are certain that after our first conversation, you will be confident in your decision to work with our San Diego, CA firm for your slip and fall case
Read more below to learn about premises liability,
The central, and most obvious, damages in a personal injury case are the medical bills and lost wages that a victim experiences. However, these are only a portion of the overall damages that you are entitled to. Personal injury damages are divided into economic and non-economic damages, and while each is very different, they are both extremely important for you to be compensated for.
Economic Damages
Economic damages are the basis of a personal injury claim and include things like medical bills and other expenses directly related to the injury and accident, as well as impacts on the victim’s income. Additionally, these damages include things like any services that a victim has to pay for that they would have normally performed themselves had they not been injured. There are many other economic factors that we will explore specific to your case, as well.
Non-Economic Damages
Non-economic damages are far more complicated and abstract than economic damages, which is one reason why they are typically contested more aggressively. However, they are no less important than the economic damages, and we will fight to make sure that you get the settlement that you deserve for both. These types of damages include things like the actual pain and suffering of an injury, as well as the emotional impacts that a traumatic accident can have on your life. The insurance company will attempt to avoid these damages, but a premises liability lawyer in San Diego can negotiate these damages while you are recovering.
Initial Insurance Offer and Negotiations
When the claims investigation is completed, the insurance company will make an initial settlement offer and will require that you waive your rights to any future legal actions about this accident in exchange for the payment. The problem with this offer is that the amount of money they are proposing is rarely, if ever, close to what you truly deserve. This is the beginning of negotiations, where we will be able to counter their offer with our own research and calculations into what we believe that you truly deserve. Generally, a settlement amount is less than the amount that a victim may ultimately receive after a full lawsuit, but there are many drawbacks to pursuing a case through the California courts, including the additional time, court fees, and many requirements necessary to conclude a trial. Instead, a fair settlement will account for avoiding these issues.
Common Injuries in Premises Liability Accidents
The following are just a few examples of common injuries that victims may suffer following a premises liability accident, but we understand that your situation is unique and that your injuries will likely vary. Every accident, and every injury, is unique, which is why the team at Injury Trial Lawyers, APC focuses on building a unique and individual plan for each client that we work with, including you.
Fractures
Fractured or broken bones are extremely painful and require immediate medical intervention to reset the bones and then give them the appropriate support for a full recovery. Minor fractures, such as hairline fractures, may simply require a brace and other simple care, whereas major injuries like compound fractures, displaced fractures, or other complications may require surgical intervention.
Sprains
A sprain is a soft-tissue injury that typically comes with hyperextension injuries or other impacts that cause the soft tissues to be overstretched, and therefore to tear or rupture. Since the injuries often result from overextension, these types of injuries are most common on joints such as wrists or ankles. Depending on the severity of the sprain, recovery may require rest and care or could require surgery or other, more drastic, procedures in order to aid recovery.
Bruising
Bruising is common in impact injuries, and are characterized by dark colorations and sensitive areas when the capillaries in a localized area are ruptured or otherwise damaged. This damage causes blood to pool in these painful areas, but are generally left to repair themselves. Hematomas are sometimes confused with bruises but are actually more serious injuries that could require medical care. Serious bruising may be an indication of another injury, meaning that you should consult with your doctor as soon as possible.
Internal Bleeding
Internal bleeding is a serious and sometimes fatal injury caused by a variety of other injuries, including blunt trauma to an organ, a fracture that ruptures a blood vessel, and a range of other things. Regardless of the cause, it is absolutely essential that you see a doctor immediately if you suspect that you have internal bleeding.
Traumatic Brain Injuries
Traumatic brain injuries, or TBIs, are sometimes known as the “silent killer,” because there is no visible physical injury that the victim has suffered. A TBI can range from a minor concussion with mild headaches to something as serious as brain death, or may even be fatal. Any degree of TBI must be addressed by a doctor to ensure that you take every step necessary to prevent long-term or permanent damage due to improper treatment.
Common Hazards on Unsafe Properties
The following list is comprised of hazards that any San Diego premises liability lawyer will be very familiar with, and that you should be aware of each time you step foot onto someone else’s property in order to stay safe. However, no matter how vigilant you are, you will always be at risk if the San Diego property owner fails to keep their properties free from safety issues.
Wet Floors
The ubiquitous “wet floor” sign that we see in front of public bathrooms, in grocery store aisles, and in many other places around San Diego are meant to warn visitors of a slipping hazard following a spill, cleaning, or any other time that the floor is wet and slick. If a business owner or employee fails to warn visitors about this serious hazard and someone is hurt as a result, premise liability lawyers will likely be able to show that the owner or employee acted negligently leading to the accident.
Code Violations
To a slip and fall lawyer, San Diego building codes are central to many different cases and claims. If you fall down the stairs on someone else’s property and it turns out that the stairs were not built according to code, then we will explore the cause of this premises liability and determine the best path forward for seeking compensation. Building codes are meant to keep people safe, and premises liability lawyers are able to review these codes to identify possible reasons for the accident.
Loose Stairs Treads
When you are walking up or down a stairway in San Diego, the last thing that you should have to worry about is the structural integrity of the stairway. Unfortunately, many premises liability cases stem from issues like loose or missing stair treads, when the victim is walking and slips as a result of this unexpected hazard and suffering serious injuries as a result. Property owners must engage in proper upkeep of their properties, and must be held accountable if they do not.
Broken or Missing Handrails
Handrails are meant to provide stability and support to someone who is walking up and down a stairway, along a walkway, or in other areas where this additional support is either nice to have, or legally required. However, handrails can succumb to rust and wear and tear, at which point that can become loose or fall off entirely. If you are hurt because there was either a faulty handrail or none at all, contact us now to learn about your options for seeking compensation.
Malfunctioning Escalators
An escalator is a convenient and complicated piece of machinery that is common throughout San Diego and beyond. However, when these pieces of equipment are not working properly, due to either a lack of proper maintenance or a property owner simply ignoring a dangerous issue with the escalator, a user can be injured due to an avoidable hazard. In many instances, this leads to a premises liability case that our San Diego firm will be happy to represent you for.
Exposed Wires
The threat of electrocution is not one that we should have to worry about continuously, especially during our normal day to day visiting shopping centers, supermarkets, and the private property of others. An exposed wire can pose a significant threat to anyone in the vicinity, and if you are injured from an exposed wire then you are likely the victim of a premises liability issue that will allow you to seek fair compensation for your suffering.
Frequently Asked Questions About San Diego Premises Liability Cases
During your free consultation, we will be able to go over a variety of the following questions and provide you with specific answers in greater detail. However, the following are some examples of the most common types of questions that we answer for clients in the early stages of our work together. Whether or not you see a question or answer that applies to you, contact our team of premises liability lawyers now to get working on your own case today.
Do I have a right to compensation after a premises liability injury?
If you were involved in an accident that someone else caused, through negligence, recklessness, or another failure of their duty to keep you safe, then you are likely entitled to compensation for your injuries and other damages that you endure. One of the first details that we will set out to establish in your case is why the defendant is at fault, as well as the extent to which they are at fault. Once we have established fault, we will be able to move forward with the rest of your case.
How much is my premises liability case worth?
In order to determine the value of your case, we will need to go through all of the damages that you have suffered, both economic and non-economic. In addition to simply totaling the medical bils and lost wages that you have accrued following your accident, we will work to quantify your non-economic damages such as the pain and suffering of your injuries, in order to get you the money that you truly deserve. However, the money that you are entitled to is not the same as the amount that an insurance company is willing to pay – in order to get the money that you deserve, we will need to go through a series of negotiations to reach either an out-of-court settlement or to file a lawsuit against the responsible party.
Is there a statute of limitations in California for premises liability cases?
California typically has a 2-year statute of limitations on personal injury cases, although there are certain exceptions to this limitation. For example, if you are involved in an accident but were not immediately aware of your injuries, then you may be able to request that your statute of limitations is revised to accommodate this detail. Regardless of the amount of time that you have, the sooner that you begin working with a personal injury attorney, the better.