Suffering an injury and maneuvering the legal field can be overwhelming. Contact a Santa Ana slip and fall lawyer if you’ve suffered a premises liability injury in Orange County.
- Free consultation
- Over $850 million in settlements and jury verdicts
- Serving Orange County plaintiffs for 46 years
- 99% success rate
- Contingency fee basis: no fee if we don’t win
We understand that after a slip and fall, you may become disabled and rack up hefty medical expenses. The Personal Injury Law Firm of Bisnar Chase has a 99% success rate and is determined to win you the earnings you need for the damages you have faced.
You will receive a free consultation with one of our top legal experts when you call our offices. Contact our Santa Ana slip and fall accident attorneys today at 949-203-3814.
Santa Ana Slip and Fall Lawyer
Compensation in a Slip and Fall Lawsuit
When it comes to slip-and-fall accidents, understanding the nuances of compensation and settlements is crucial. Financial remedies aim to compensate the victim for their various losses and harms.
Types of Damages
In slip and fall cases, there are several types of damages for which a victim can seek compensation:
Economic Damages: These are quantifiable losses that have a direct economic impact on the victim. They include:
- Medical expenses: covering current and future medical treatments.
- Lost wages: for the time the victim is unable to work.
- Loss of earning capacity: if the injury affects future earnings.
- Rehabilitation costs: such as physical therapy.
Non-Economic Damages: These are more subjective and pertain to non-financial losses, including:
- Pain and suffering: for physical discomfort and emotional distress.
- Loss of enjoyment of life: if the victim’s ability to enjoy daily activities is impaired.
- Emotional distress: for psychological impacts like anxiety and depression.
- Loss of consortium: for the impact on the victim’s relationship with their spouse.
Punitive Damages: Though rare in slip-and-fall cases, punitive damages may be awarded if the defendant’s reckless or malicious actions. These are intended more as a punishment and a deterrent than as direct compensation to the victim.
Calculating Compensation for a Slip and Fall Injury
Calculating compensation in slip and fall cases involves a detailed analysis of the above-mentioned damages. The process typically includes:
- Assessing all medical reports and bills to calculate medical expenses.
- Examining work history and pay records to determine lost wages and the potential loss of future earnings.
- Evaluating the severity and long-term impact of injuries to estimate pain and suffering.
- Sometimes, expert testimonies (such as from medical professionals or occupational therapists) are used to support these calculations.
Settlement Negotiation Strategies
Effective settlement negotiations are crucial to securing fair compensation. Some strategies used by an experienced Santa Ana slip and fall lawyer include:
Thorough Preparation: Gathering all necessary evidence, such as medical records, eyewitness statements, and accident reports, to build a strong case.
Valuation of the Claim: Using legal expertise to accurately value the claim based on the severity of injuries and the impact on the victim’s life.
Effective Communication: Articulate presentation of the case and negotiation terms to the opposing party or insurance company.
Understanding Insurance Tactics: Being aware of common tactics insurance companies use to undervalue claims and prepare counter-strategies.
Alternative Dispute Resolution (ADR): Considering mediation or arbitration as alternatives to court trials for a potentially quicker and less confrontational resolution.
Willingness to Go to Trial: showing readiness to take the case to court if a fair settlement is not offered, which can often motivate the other party to offer a better settlement.
Proving Fault in Santa Ana Slip and Fall Cases
In most Santa Ana cases, the individual injured in a slip and fall on someone else’s property must establish that the cause of the misfortune was a “treacherous condition” and that the owner or possessor of the property knew of the perilous circumstance.
A hazardous situation must present an unreasonable threat to a person on the property, and it must have been a circumstance that the injured party should not have expected under the conditions. This latter obligation implies that people must be conscious of and keep away from obvious dangers.
In order to establish that a property owner or possessor knew of an unsafe condition, it must be revealed that:
- The owner/possessor created the circumstance;
- The owner/possessor knew the condition existed and carelessly botched in correcting it; or
- The condition existed for such a span of time that the owner/possessor should have revealed and corrected it prior to the slip and fall occasion in question.
For a homeowner or possessor to be held answerable, it must have been predictable that his inattention would fashion the threat at issue. If a container of paint falls and spills in an aisle of a store and, one day later, the store has not noticed or cleaned up the spill, and someone slips in the paint and is injured, one might argue it was expected that the store’s negligence in failing to inspect its aisles and clean up spills would cause someone to slip.
Occasionally, a claimant can prove carelessness by showing that the property owner violated a pertinent law and that the building had dangerous conditions.
For example, building codes often specify when and where handrails and other features must be installed. If you fall on a stairway that lacks suitable handrails and the lack of a fence causes your injuries, you may have a valid claim against the building owner based on his or her building code contravention.
A slip and fall lawyer plays a pivotal role in proving a property owner’s negligence in a slip-and-fall case, which is crucial for a successful injury claim. The burden of proof lies with the plaintiff (the injured party), which involves establishing certain legal elements. These elements demonstrate that the property owner failed to maintain a safe environment, leading to the accident. Here’s a breakdown of how to prove negligence in a slip and fall case:
Establishing Duty of Care For Property Owners
- Identify the relationship: Show that the property owner had a duty of care towards you. This duty varies based on whether you are an invitee (someone invited onto the property, like a customer), a licensee (someone allowed on the property, like a social guest), or, less commonly, a trespasser.
- Scope of duty: Establish that the duty of care includes maintaining the property safely. This is generally accepted in the case of invitees and licensees.
Demonstrating Breach of Duty Causing a Dangerous Condition
- Identify the hazard: Clearly describe the dangerous condition that caused the slip and fall (e.g., wet floor, uneven pavement, poor lighting).
- Prove knowledge of the hazard: Demonstrate that the property owner knew or should have reasonably known about the hazard. This can be the trickiest part and may involve showing the hazard existed long enough that the owner should have discovered it. Proving the owner or employees were aware of the danger but neglected it. Establishing that the hazard was foreseeable and preventable with routine maintenance. Lack of warning indicates that no adequate warnings or signs alerted you to the potential danger.
Linking the Breach to Your Fall Injuries
- Causation: Prove that the owner’s breach of duty directly caused your slip and fall accident. This involves connecting the hazard on the property to your injuries.
- Document injuries: Use medical reports, photographs of injuries, and expert testimonies to substantiate the extent and nature of your injuries.
Mitigating Comparative Negligence Slip and Fall Claims
- Anticipate defense strategies: Be prepared for the property owner’s defense, which might argue that you bear some responsibility for the accident (comparative negligence). For example, they might claim that you were not paying attention or were in an area where you shouldn’t have been.
- Counter comparative negligence: Provide evidence or arguments to counter such claims, reinforcing that your actions were reasonable and did not contribute significantly to the accident.
Who is Responsible for a Slip and Fall Injury in Santa Ana?
In order to recover compensation for a slip and fall complaint sustained on another’s property, there must be a guilty party whose negligence caused the injury. This sounds evident, but many people do not recognize that some injuries are simply accidents caused, if anything, by their own negligence.
For instance, if someone falls simply because he was not looking where he was walking, he cannot recover against the property owner if the owner was in no way at fault, no matter how serious the injury.
If an injured person is only partially at fault for his own injury, he might still be able to recover from another, but the dollar amount of his recovery might be reduced. See if you have a qualifying case. Contact our Santa Ana slip and fall attorneys for a free case evaluation. We offer a contingency fee basis which means there is no cost you if we don’t win.
Negligence for Santa Ana Slip and Fall Injuries
Another condition that is most common but less clear-cut than the other is the phrase “should have known.” In these situations, general intelligence determines responsibility. The premise liability law determines whether the owner or occupier of the property was watchful by deciding if the steps the owner or occupier took to keep the property safe were practical.
You don’t have to “prove” to an insurance adjuster that you were careful, but think about what you were doing and describe it clearly so that an insurance adjuster will understand that you were not careless.
If you are unsure of your blame in a slip and fall, contact a Santa Ana slip and fall lawyer to determine if you are entitled to financial compensation. There is no fee if we don’t win.
Common Injuries in a Slip and Fall
- Fractures
- Wrist fractures
- Hip fractures
- Ankle fractures
- Head Injuries
- Concussions
- Traumatic brain injuries
- Back and Spinal Injuries
- Herniated discs
- Spinal cord damage
- Shoulder Injuries
- Dislocated shoulders
- Rotator cuff tears
- Knee Injuries
- Torn ligaments
- Meniscus tears
- Cuts and Abrasions
- Deep lacerations
- Scrapes and bruises
- Soft Tissue Injuries
- Sprains
- Muscle strains
- Nerve Damage
- Peripheral neuropathy
- Internal Injuries
- Internal bleeding
- Organ damage
- Psychological Trauma
- Post-traumatic stress disorder (PTSD)
- Anxiety and depression due to injury and recovery process.
Types of Businesses That Experience Most Slip and Falls in California.
In California, the most common types of businesses that experience a high number of slip and fall injuries and accidents include:
- Grocery stores: These stores often have wet floors due to spills or leaks, and the presence of various products and displays can create tripping hazards.
- Restaurants: With the fast-paced environment and frequent spills, restaurants can be a common location for slip and fall accidents.
- Retail stores: These businesses often have high foot traffic and may have cluttered aisles or uneven surfaces that can cause accidents.
- Hotels and resorts: The presence of swimming pools, spas, and other amenities can create slippery surfaces and increase the risk of falls.
- Public buildings and facilities: Government buildings, schools, and other public spaces may have poorly maintained or uneven flooring, which can lead to accidents.
These businesses are often the most common locations for slip and fall accidents due to high foot traffic, wet or slippery surfaces, and potential hazards like clutter or uneven flooring.
Santa Ana California Demongraphics
Santa Ana is a city in Orange County, California, in the United States. As of the last update in January 2022, here are some key demographic statistics for Santa Ana:
1. Population: According to the U.S. Census Bureau, Santa Ana had a population of approximately 332,725 people in 2020.
2. Ethnicity and Race: Santa Ana is known for its diverse population. The ethnic and racial makeup of the city includes a significant Hispanic or Latino population, with over 75% of the residents identifying as Hispanic or Latino. The city also has a mix of Asian, White, African American, and other ethnic groups.
3. Language: A substantial portion of the population in Santa Ana speaks Spanish or other languages, reflecting the city’s cultural diversity.
4. Age Distribution: The age distribution in Santa Ana is diverse, with a mix of residents of various age groups. It includes a significant number of young people, families, and older adults.
5. Income: The median household income in Santa Ana is below the national average, and the city has a mix of income levels, including lower-income and higher-income neighborhoods.
Top-Rated Santa Ana Slip and Fall Lawyers
Slip and fall accidents in Santa Ana are not just minor stumbles; they can lead to serious injuries, sometimes even life-altering consequences. As minor as it sounds, a slip and fall can have dangerous consequences. The Santa Ana Slip and Fall Lawyers of Bisnar Chase have over 46 years of experience handling and winning compensation in slip and fall claims and other personal injury claims such as car accidents.
Nature and Causes of Slip and Falls
The causes of slip and fall accidents in Santa Ana vary, ranging from wet supermarket floors to uneven sidewalks. It’s a dance of numerous factors—environmental conditions, the negligence of property owners, and sometimes just sheer bad luck.
After an incident, lost wages and a loss of future income can devastate your finances. If you have been injured in a slip-and-fall accident, you will want to contact a Santa Ana slip and fall attorney.
Contact the law offices of Bisnar Chase for more information about your situation. Call 949-203-3814 for a free case consultation.
