A slip and fall accident can bring about severe injuries. The accident victim may miss considerable time from school or work while incurring lots of medical debts in the main. California property liability laws give an avenue for you to get back compensation. However, settling the injury claim is far from easy. Here, a slip and fall lawyer will discuss the things you perhaps do not know concerning settling.
What You Do Before the Accident Could Affect the Settlement Claim
A California court can shrink the amount that the victim might get for a personal injury claim based on the portion of fault they had in bringing about their own accident. This is to say that if you somehow contributed to your own injury, then you might get a lower amount for the claim than what you otherwise would. For instance, a business owner put a signboard that warns visitors to walk through the ramp rather than using the broken front steps. Because you wished not to spend time going around to that building’s side, you used those steps, slipped and fell, and got hurt. If a jury finds this to be the case, then you will not get full compensation.
Almost every victim holds no responsibility for their accident, but this does not keep insurers and defense lawyers from attempting to blame them for their injury. In case you are blamed for it, and you feel that it is uncalled for, call a slip fall attorney right away.
Not All Claims Automatically Lead To a Settlement
You can slip, fall, and get hurt on someone else’s property, and that building’s owner might not be held responsible. Under the above-mentioned laws, the elements needed to prove the case necessitate that you prove the following.
- That the concerned property owner made the unsafe condition, and they did not act to protect the guests;
- They were aware of the condition thereof but did nothing about it; or,
- They should have been aware of the condition, which put others at risk of falling.
It tends to be tricky to prove what somebody should have been aware of or knew. So, the “reasonable person” standard is used in California. What would such an individual have known in this situation? Proving every legal element needed for the claim can be tricky, but with a skilled and experienced attorney, you have better chances to do so.