Agoura Hills Personal Injury Lawyers | Accident Attorneys
Agoura Hills Slip and Fall Attorneys
Many people underestimate the damage that a slip and fall can cause until they experience one firsthand. Hip fractures, wrist injuries, and even brain trauma are all common in these accidents. Our slip and fall attorneys in Agoura Hills understand the tremendous physical, emotional, and financial toll that these incidents can cause, and we are dedicated to helping the injured fight for the compensation they need to move on with life.
We have represented more than 5,000 clients, yet we remain passionate about offering personalized and aggressive representation. For a free, no-obligation case assessment, call 1-800-GO-HARRIS.
What Must Be Proven to Win My Claim?
The vast majority of slip and falls are caused by negligence—either on the part of the victim, the property owner/occupier, another party, or a combination thereof. To win a negligence claim, you must be able to show that the defendant breached the duty of care owed to you and the breach of duty caused damages. You must also prove the kinds of damages incurred and their value.
Below we’ve outlined the kinds of evidence needed to prove the three critical elements in a negligence claim: liability, causation, and damages.
- Liability: Liability is established in these cases by proving that the defendant was negligent and that this negligence led to the injury or loss. Evidence of liability may include eyewitness deposition, the incident report, photos of the scene, and surveillance footage.
- Causation: To prove causation, your Agoura Hills slip and fall lawyer will have to demonstrate that the damages you are pursuing would not have accrued but for the defendant’s negligence. This might seem fairly straightforward, but a dispute could arise if you had a preexisting medical condition that was exacerbated in the fall. In this scenario, the defense might say that at least a portion of the damages you are claiming were caused by the preexisting condition and would have accrued even if the fall had not happened. Evidence to counter this defense might include your medical records and the deposition of medical experts.
- Damages: The evidence needed to prove damages will depend on the kinds of damages incurred, the permanence of your injuries, and a number of other factors. Common evidence used to prove damages in these cases include photos of injuries, medical records, financial records, and expert witness deposition.
What Disputes Commonly Arise in These Cases?
There are many reasons why a dispute might arise in a slip and fall case. At the end of the day, the defense will be searching for any legitimate reason to pay you as little as possible or nothing at all. This is especially true if you have incurred significant damages since the defense will have more incentive to invest time and resources into identifying weaknesses in your case. They might also be more inclined to enter litigation.
Here are just some of the disputes that commonly arise in these cases:
- The Plaintiff Was Partially Liable: If your own negligence contributed to the accident, the defense might argue that you should be assigned at a least a percentage of fault. Even if you consent to accepting partial liability, a dispute could still arise regarding the percentage of fault imposed on you.
- Another Party Was Liable: Even if you were not liable, the defense might still try to shift blame to another party.
- Neither Actual nor Constructive Knowledge Has Been Established: To win your claim, it must be shown that the defendant (or one of their employees) had actual or constructive knowledge of the hazard that caused your fall. Actual knowledge means the person was actually aware that the hazard existed. Constructive knowledge means they should have known about the hazard through the exercise of reasonable care. One of your Agoura Hills personal injury attorney’s primary tasks will be to gather the evidence needed to prove actual or constructive knowledge.
- The Damages Were Caused by Something Else: If you had a preexisting medical condition or waited too long to seek medical care, you might face a dispute over causation.
- The Plaintiff Has Failed to Mitigate Damages: This dispute could arise if you wait too long to undergo a clinical assessment, disobey your doctor’s orders, or do something that exacerbates your injuries.
Dial 1-800-GO-HARRIS to Speak with an Agoura Hills Slip and Fall Lawyer
If you want to bring a claim for damages after a slip and fall, contact Harris Personal Injury Lawyers. Our attorneys can help you make strategic decisions and navigate every step of the proceedings.
We won’t let the insurance company take advantage of you. With extensive litigation experience, our lawyers are not afraid to take a case all the way to trial when appropriate. For a free consultation, call us today at 1-800-GO-HARRIS or send us a message HERE.