How Long Do I Have To File A Slip And Fall Lawsuit In San Jose?
Slip and Fall Lawyers Representing Victims in San Jose
An accident can occur at any moment. “Falls account for over 8 million hospital emergency room visits,” according to the National Floor Safety Institute (NFSI). If you or a loved one have been a victim of a slip and fall accident, you could receive compensation for those injuries.
At Dunnion Law, our slip and fall lawyers in San Jose understand the worry and stress you may be experiencing as a result of the accident. Many times, falls occur because the property owner did not repair a hazardous condition or properly warn visitors.
How Do Injuries Happen?
Injuries will vary depending upon the severity of the accident. Trip and fall injuries can happen due to unsafe conditions including:
- Oily floors
- Defective staircases
- Broken floors or loose tiles
- Snow and ice
- Cluttered hallways
- Unsecured rugs
- Hidden extension cords
A wide variety of injuries can happen on other people’s properties. If you have been injured on someone else’s property, you could receive compensation. Our team represents those who have been injured as a result of another individual’s negligent or reckless actions.
Guidelines to Follow After An Injury
The overall success of your claim can depend on how you choose to proceed after the accident. Listed below are suggestions to keep in mind following an injury:
- Report the accident to the responsible party. This may be a business owner or landlord.
- If any witnesses were involved, make sure to ask for the details of what they saw and their contact information.
- Take photos of the hazard that caused the accident from multiple angles.
- Do not wait to seek medical attention if you’re hurt.
- Do not give a statement to insurance companies, especially not on a tape recording.
- Make sure to attend all medical appointments for your injury.
- Seek a slip and fall lawyer in San Jose to help you gather solid evidence for your case and handle insurance companies.
Safety should be the number one priority after an accident. Following our suggestions could help you with a future claim.
Premises Liability Cases
Slip and fall injuries are often categorized under what is known as “premises liability.” Premises liability is a type of personal injury law that refers to a property owner being held liable for the injuries you or a loved one suffered due to unsafe conditions on their property.
Trips and falls are not uncommon, but it must be proven that the property owner was aware, or should have known, that there were unsafe conditions on their property.
One important note to consider is although you may have been injured on their property, it does not mean the owner was negligent, nor does it imply that the unsafe conditions resulted from the negligent actions of the property owner. It must be proven that the owner knew or should have known about the hazardous locations and deliberately chose not to take action to properly fix the issues.
If you or someone you know has been injured on someone else’s property, you need the legal guidance of our attorneys at Dunnion Law.
Statute Of Limitations
In San Jose, victims of a trip and fall accident have a two-year statute of limitations on their case. This means if you have been injured, you must file your claim within that two-year deadline following the date of the accident, according to the California Code of Civil Procedure section 335.1.
If you or a loved one are a minor, which is considered to be under the age of 18, the statute of limitations will vary. Minors have two-years instead of one from the date they turn 18 to file their injury claim. The minor will not be able to file a claim if their guardians already filed one on their behalf.
Before attempting to file a lawsuit, you need to understand that the property owner may argue that you played a role in your accident. This is known as comparative negligence or shared fault.
Sharing fault in your injuries could reduce your settlement amount. The property owner may argue that you were not paying attention to your surroundings, wore inadequate shoes for that environment, or that the area was properly marked by signage to warn visitors.
No matter the argument the owner presents, the comparative negligence rule can be a factor in determining your compensation amount.
Under the comparative negligence rule, the award you receive for damages can be reduced by the percentage at which you are determined to share fault. For example, if you’re considered to be 30% at fault for the accident, the compensation you would receive would be reduced by 30%.
If you are partly at fault for your injuries, your compensation amount may be reduced if the defendant successfully argues comparative negligence. In these types of cases, you need an experienced attorney on your side who can best present your case and help you receive any compensation you may be entitled to.
Evidence To Prove Your Case
Evidence is a vital component in proving an accident case. In order to build a solid case, the evidence must depict that the defendant played a role in your injury. Some examples of evidence include:
- Medical bills- Obtain copies of all medical bills.
- Photos or videos- If possible, make sure to take photos immediately following the accident and keep a copy of the surveillance video if there were cameras.
- Written accounts- Memory can deteriorate over time, so it’s important to write down exactly what happened and where so every detail is taken into account and not forgotten.
- Testimonies from witnesses- If anyone witnessed the accident, ask for their names and contact information. Their testimonies could later be used as evidence during your case.
- Proof of wages- If you are unable to work or can’t return to work in the future because of your injury, you could be compensated for lost wages.
How Much Can I Receive From A Lawsuit?
If you or someone you love has been injured and you are attempting to file a lawsuit, you may be curious about how much your case is worth. Various factors are taken into consideration during a lawsuit such as medical bills, lost wages, and pain and suffering.
The extent of your injuries is a major factor in determining the amount you may receive. Dunnion Law can review your case and help determine the right amount you should be awarded for your injuries. Compensation amount will vary and no case is exactly the same.
A Firm You Can Trust
The moment you contact us, we take the initiative to begin building a strong case to help you receive the compensation you deserve. We have seen countless victims receive lower compensation because they did not have a team of legal experts fighting alongside them. If you settle too early, you most likely will not receive the top-dollar settlement you deserve.
No matter how minor your injuries may seem, if you’ve been injured due to someone else’s careless actions, you have the right to receive compensation. If you or someone you know has been a victim of a trip and fall, contact Dunnion Law at (408) 275-9955 or fill out our free case consultation form– there is no obligation. We can’t change the accident but, together, we can change your future.