Riverside Personal Injury Lawyers | Accident Attorneys
Riverside Slip and Fall Attorneys
Slips and falls happen every day at supermarkets, retail stores, and apartment complexes. The truth is that a serious fall can happen anywhere and at any time, but many of these accidents can be traced back to the property owner’s negligence. Our slip and fall attorneys in Riverside can review the facts of your case to determine if you have grounds for a premises liability claim and how best to proceed.
There are a number of defenses that might be used to challenge your claim. With many decades of experience, our lawyers are able to anticipate the disputes that are most likely to arise and prepare to counter them.
Our comprehensive and tenacious approach to representation has resulted in more than $300,000,000 in settlements and verdicts for our clients. To discuss your situation in a free case review, contact us at 1-800-GO-HARRIS.
Will I Face a Dispute If I Had a Pre-Existing Condition?
The defendant or their insurance company will not have to pay for any medical bills and other damages you would have incurred regardless of the tort. That means if you had a pre-existing injury or illness, you won’t be able to obtain compensation for medical costs and other expenses you would have accrued even if the fall did not happen.
Under some circumstances, however, an existing injury or illness is aggravated by a slip and fall. In this scenario, you may be able to obtain compensation for the aggravation of that condition. If the insurance company tries to dispute causation, your Riverside slip and fall lawyer might bring in your treating physician and perhaps a medical expert to provide deposition. Ideally, that deposition in conjunction with your medical records from before and after the accident will be sufficient to prove causation.
How Will My Slip and Fall Lawyer Prove Liability?
To prove liability in a slip and fall case, it must be shown that the property owner or occupier (or one of their employees) had actual or constructive knowledge of the hazard that caused your fall yet failed to take reasonable steps to remedy the hazard or to warn you about it. This, of course, assumes that you were an invitee at the time of the accident rather than a licensee or trespasser.
An invitee is someone who is on a property for business dealings with the property owner or occupier. Most slip and fall claims are brought by invitees. They are owed a higher duty of care than licensees and trespassers. Specifically, property owners and occupiers have a duty to inspect their premises for dangerous conditions that pose an injury risk to invitees. They must then warn invitees about those conditions or remedy them within a reasonable timeframe.
Below are a few examples of evidence your attorney might use to prove actual or constructive knowledge:
- Surveillance footage showing when the hazard was created and how it was created,
- The incident and/or police report,
- Records of similar accidents happening in the past,
- Eyewitness deposition, and
- Photos of the dangerous condition that caused your fall.
How Will My Slip and Fall Lawyer Prove Damages?
Once it has been shown that the defendant had actual or constructive knowledge of the hazard that caused your fall, your attorney will then have to prove causation and damages. We’ve already touched on the concept of causation when discussing pre-existing conditions. To prove causation, it must be established that the injury, death, or loss would not have happened but for the defendant’s negligence.
After proving causation, your lawyer will have to prove the kinds of damages incurred and their value. Depending on the circumstances, you may be able to obtain compensation for both economic and non-economic damages, which together form “compensatory damages.” In rare cases, punitive damages can also be sought, but these are only available if the defendant acted with malice, oppression, or fraud. For instance, if the defendant tried to falsify documents or alter evidence to cover up negligence, punitive damages might be awarded.
The list below outlines a few examples of evidence that might be used to prove damages:
- Your medical records including bills and invoices;
- Your financial records;
- Deposition from friends and family about the daily struggles you now face and the psychological effects of your injury;
- Medical, financial, and vocational expert witness deposition;
- Deposition from your treating physician;
- Photos of injuries; and
- Your personal injury journal.
Contact Us at 1-800-GO-HARRIS for a Free Consultation with a Riverside Slip and Fall Lawyer
Our attorneys have helped more than 5,000 clients navigate the legal system, yet we remain dedicated to providing the personalized services of a small, neighborhood law firm. We offer free consultations and accept slip and fall claims on a contingency fee basis. Call 1-800-GO-HARRIS or message us HERE to set up a case review.