OC Slip and Fall Injury Attorney

A slip and fall injury occurs when a person slips, trips, or falls and is injured. In civil law, this is classified as a personal injury case occurring on another's property. This type of premises liability claim seeks to hold the property owner legally responsible for the fall. If you have grounds for a slip and fall claim in Orange County, the property owner or other parties should compensate you for your injuries and losses. Generally, slip and fall claims arise from the property owner's failure to maintain a safe environment, thereby breaching their duty of care to the victim.

Under California law, property owners owe a duty of care to specific types of visitors (invitees and licensees). Invitees and licensees are individuals explicitly or implicitly invited onto the property, such as customers in a business. If the victim was trespassing at the time of the accident, the property owner does not owe a duty of care and is not liable for the injuries. The simplest way to determine if you have grounds for a slip and fall claim is to schedule a free consultation with a slip and fall injury attorney in Orange County.

Slip, trip, and fall accidents can cause serious injuries, especially in the elderly. Hip fractures from falls can lead to fatal health complications for older adults. Regardless of age, anyone can suffer severe skeletal or soft tissue injuries from a fall. Common injuries from slip and fall incidents include:

• Broken bones
• Hip fractures
• Wrist fractures or sprains
• Knee injuries
• Muscle strains
• Cuts and bruises
• Head injuries
• Traumatic brain injuries
• Back injuries
• Spinal cord injuries and paralysis
• Nerve damage

Jimmie W. Kang understands the significant impact serious personal injuries can have on a victim's life. We are dedicated to holding negligent property owners accountable and helping victims achieve justice through financial compensation. We will fight to recover the maximum compensation, covering all your injury-related medical expenses, including future treatments for permanent disabilities. We also negotiate for emotional distress recovery, such as pain and suffering.

In Orange County, slip and fall injuries can occur in grocery stores, parking lots, homes, or workplaces. If you are injured at work, you may have grounds for a claim against the property owner in addition to receiving workers' compensation benefits. Jimmie W. Kang can review your specific case to identify the cause of your fall and determine the individuals or entities financially responsible for your losses. Common causes of slip and fall injuries include:

• Spilled liquids
• Negligent cleaning schedules
• Greasy floors
• Freshly waxed or mopped floors
• Food debris
• Lack of wet floor warning signs
• Hazardous floor surfaces
• Improper lighting
• Poor floor construction
• Electrical cords

Nearly all slip and fall injuries are preventable. Property, home, or business owners must take reasonable steps to prevent and address potential causes of slip and fall injuries. If an invited guest falls due to a dangerous condition caused by the owner's negligence, the owner is legally liable for economic and non-economic damages.

Under premises liability law, property owners can be held liable for damages if a person is injured due to a defect on their property. To hold the property owner accountable for your serious injuries and related damages, you may need the assistance of an experienced Orange County slip and fall injury attorney. Our law office has helped clients with severe injuries, including spinal and brain injuries, resulting from slip and fall accidents.

Before receiving compensation for a slip and fall injury, you or your attorney must prove the defendant's fault. This generally means establishing negligence, a legal doctrine explaining when a person or party fails to meet proper safety standards. In a slip and fall claim, negligence means that the property owner or maintenance worker failed to identify or ignored a known defect on the property. The burden of proof for a slip and fall claim lies with the injured victim.

Proving that a property manager or insurance company is partially or fully responsible for your slip and fall is not easy. You or your attorney must present clear and compelling evidence to show that the defendant's negligence caused or contributed to your accident. Like all premises liability cases in California, a successful slip and fall lawsuit requires evidence proving five key elements are more likely true than not:

1. The defendant was the property owner or manager at the time of the accident.
2. The defendant knew or should have reasonably known about the dangerous condition.
3. The defendant negligently failed to fix or warn visitors about the dangerous condition.
4. The dangerous condition caused the victim's injury.
5. The victim suffered compensable losses.

On average, the second element is the most challenging to prove. You or your attorney must have evidence that the property owner or manager created the dangerous condition, knew about it, or that it existed long enough that a reasonable person could have discovered it. This may require evidence such as surveillance footage, photos, previous accident reports, other visitors' complaints, cleaning or maintenance records, and witness or expert testimony.

It's normal to feel anxious about resolving your case after a slip and fall injury in Orange County. Medical bills and lost wages can accumulate, potentially putting your family in debt. You should not have to pay for related medical expenses if you didn't cause the accident. However, to receive compensation from the at-fault party, you must wait until the case is resolved. There is no typical timeframe for resolving a slip and fall case. The duration varies greatly depending on the specifics of the case. Some cases reach a settlement within months of the accident, while others take over a year for the injured party to receive compensation. Factors that can delay your claim include:

• Medical Recovery Period: Settling a case before fully recovering from injuries is not advisable. Doing so risks settling for less than the true value of your losses. If recovery time is long, expect your injury case to take longer to resolve.
• Complex Case Factors: Particularly complex slip and fall cases can take longer to resolve.

Complex cases may involve disputes over liability, comparative fault, multiple defendants, or catastrophic injuries. While there are ways to expedite the process, these factors can cause delays.

• Settlement vs. Trial: The best way to reduce the time for a slip and fall case is to settle with the insurance company rather than go to trial. Settlements typically take only a few months, while personal injury trials can take much longer due to court dates and other delays.

A typical slip and fall claim involves the victim filing an insurance claim, the insurance company investigating the accident, the insurer accepting or denying the claim, and settlement negotiations. If the insurer denies the claim or negotiations fail, the slip and fall case goes to court. The average personal injury lawsuit includes discovery, pre-trial motions, mediation, and trial. An Orange County slip and fall attorney can help streamline these legal processes.

The value of a slip and fall case is directly related to the severity of the victim's injuries and losses. Generally, slip and fall cases involving serious injuries are worth more than those with minor injuries. Depending on the case, you or your loved one may be entitled to compensation for:

• Medical expenses and disability costs
• Lost wages
• Past and future pain and suffering
• Emotional injuries
• Legal fees and out-of-pocket costs
• Punitive damages

If you are curious about the potential value of your slip and fall claim in Orange County, schedule a free consultation with an Orange County slip and fall attorney. We will accurately evaluate your claim through a thorough review. If we take you on as a client, we will strive to negotiate with the insurance company for maximum compensation.

Another significant factor affecting your claim is California's statute of limitations for personal injury cases. A statute of limitations refers to the maximum time you have to file a claim after an accident. Missing this deadline generally means losing your right to file a claim. California's statute of limitations for slip and fall cases is two years from the accident date. Therefore, you must file your claim within two years of the fall to be eligible for compensation. There are exceptions to this rule. For example, if the victim does not discover the injury immediately, the clock does not start until the discovery date. If the victim is a minor, they have until their 20th birthday to file. Consult an Orange County slip and fall attorney as soon as possible for help meeting your deadline.