Santa Ana Slip and Fall Lawyer
Slip and Fall Attorney in Santa Ana, CA
A “slip and fall” injury may not sound serious at first, but falls send an estimated 4.5 million older adults to the emergency room every year in the United States, and many more incidents involve younger adults too. Falls are also one of the leading causes of workplace injuries that keep people out of work, according to the U.S. Bureau of Labor Statistics.
A slip and fall accident can cause broken bones, spinal injuries, traumatic brain injuries, and other injuries. If a slip and fall accident happens due to negligence, injured parties need the help of a Santa Ana personal injury lawyer to understand their options for legal recourse.
Why You Need A Santa Ana Slip And Fall Attorney
Most slip and fall lawsuits will fall under the purview of personal injury and premises liability law. Under California Civil Code § 1714 and the California Supreme Court’s decision in Rowland v. Christian, property owners have a legal duty to use reasonable care to keep their property safe for visitors and to fix or warn of hazards they know about. This is not a guarantee that a property will always be hazard-free, but a failure to use reasonable care can create liability. If another person causes a slip and fall injury due to negligence, the victim can file a personal injury lawsuit against the negligent party. In either case, the victim will need reliable legal counsel to guide them through the lawsuit process. Contact Bentley & More, LLP for a free case evaluation.
Slip and Fall Damages In Santa Ana
Slip and fall accidents are particularly dangerous in the workplace and when the victim is an older individual. Elderly people who suffer slip and fall injuries are more likely to experience serious medical issues as a result and will be more likely to fall again in the future. Falling from height in some workplaces like construction zones can be fatal or seriously damaging. Like any other personal injury claim or premises liability claim, plaintiffs can sue for various types of compensation, including:
- Medical expenses. Some slip and fall injuries, such as traumatic brain injuries and burn injuries, will require extensive recovery. Plaintiffs can sue for their hospital bills, prescription costs, and any other expenses related to their medical care.
- Pain and suffering. The court will award compensation for a plaintiff’s physical pain and mental suffering experienced after a slip and fall accident. If the injury leads to permanent disability, the judge reviewing the case will take the long-term damages into account.
- Property damage. If a slip and fall accident happens to damage or destroy any of the victim’s personal property, the victim can sue for the costs of repairing or replacing those items.
- Lost wages. Many slip and fall victims cannot work for a while after their accidents, and some may sustain permanent damage that prevents them from returning to work.
Depending on the nature of the accident and the plaintiff in the case, the plaintiff may need to prove the defendant was negligent in the care of his or her property while the plaintiff was lawfully present on said property. Speak to a Santa Ana premises liability lawyer to learn more. In slip and fall accidents that occur in the workplace, an injured employee may need to prove that a negligent employer failed to correct a hazard.
How Long Do You Have to File a Slip and Fall Claim in California?
California law limits how long you have to file a slip and fall lawsuit. Under California Code of Civil Procedure § 335.1, you generally have two years from the date of your fall to file a personal injury lawsuit. If your fall happened on government-owned property, such as a public sidewalk, park, or government building, the deadline is much shorter: you must file a written claim with the government agency within six months under California Government Code § 911.2. Missing either deadline can permanently bar your right to recover compensation, so it is important to speak with a slip and fall lawyer as soon as possible after your accident.
Hear From Our Clients
“Jose Gonzalez – and the entire team at Bentley and Moore, were absolutely wonderful to work with. If you or anyone you care about ever need solid, honest, advice or counsel, please reach out to them first.” – Scott Blakeslee ⭐⭐⭐⭐⭐
Finding Reliable Legal Counsel in Orange County
The Santa Ana slip and fall attorneys at Bentley & More, LLP have helped many clients all over the Orange County area secure millions of dollars in damages across many legal practice areas. Whether a slip and fall accident happens at work, while visiting private property, or while traversing publicly owned land, we can help injured victims secure compensation for their resulting damages. If your case needs to go to court, Orange County slip and fall lawsuits are typically filed at the Orange County Superior Court’s Civil Complex Center in Santa Ana. Contact our Orange County law firm to schedule a consultation. Our professional team can let you know what to expect from a slip and fall lawsuit in California.
Frequently Asked Questions
How long do I have to file a slip and fall lawsuit in California?
You generally have two years from the date of your fall under California Code of Civil Procedure § 335.1. If the fall happened on government property, you must file a claim within six months instead.
What are the most common causes of slip and fall accidents?
Wet or recently mopped floors, uneven pavement, poor lighting, loose carpeting, and cluttered walkways cause many slip and fall accidents. A property owner who knew or should have known about the hazard and failed to fix or warn of it may be liable.
What if I was partly responsible for my own fall?
California follows a pure comparative negligence rule, so you can still recover compensation even if you were partly at fault. Your total award is reduced by your percentage of fault.
Can I file a claim if I slipped and fell at work?
Yes. You may be able to file a workers’ compensation claim against your employer, and in some cases a separate claim against a negligent third party, such as a property maintenance company.
How much does it cost to hire a slip and fall lawyer?
Most slip and fall lawyers, including Bentley & More, LLP, work on a contingency fee basis. You pay no upfront costs, and the firm only collects a fee if you recover compensation.
What compensation can I recover from a slip and fall claim?
You may recover medical expenses, lost wages, pain and suffering, and property damage, depending on the facts of your case.
Do I need a lawyer for a minor slip and fall injury?
A fall that seems minor at first can lead to complications later, so it is worth having a lawyer review your case before you accept any settlement offer from an insurance company.
Bentley & More LLP Office
Address: 4931 Birch Street Newport Beach, CA 92660
Phone: (949) 870-3800
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