General Information you need to know about your California Trip and fall Injury Accident Case
If you have already been in a trip and fall injury accident in the State of California, we highly recommend that you stop reading right now, and call our law firm for a free telephone consultation at (800) 816-1529, Ext. 1. We will tell you over the telephone if we think that you have a case and whether we can help you.
If we believe we can help you, and you decide to retain us, we can then send our investigator to you with all of the legal forms necessary for you to retain our law firm.
If you do not have medical insurance or a medical provider, we can immediately refer you to an appropriate doctor near you for medical treatment. (Yes, even if you do not have medical insurance)
Yes, this can all be accomplished with one phone call to our law firm. We try to make the process as simple as possible for you.
What is a California Trip and fall Accident Case?
Trip and fall cases, also known as Premises liability cases, involve injuries that occur to persons due to a dangerous condition on public or private property.
You may have a case if you have tripped and fell on a crack and were injured, tripped and fell on an uneven surface or maybe a step where you did not expect it, or even tripped due to poor lighting in a night club and were injured.
There are too many trip and fall injury accident scenarios to list here.
The bottom line is that you have a right to be safe from things that may cause you to fall.
Many people who have suffered a trip and fall injury are too embarrassed to call a lawyer for help. They figure it was their fault for tripping and falling in a hole in a parking lot, or maybe slipping on something else that made them trip and fall.
The fact of the matter is that shopping centers have a duty of due care to their customers to make them safe from dangerous conditions on their property that could result in injuries to their customers. If you end up in the emergency room with a torn knee, a fractured arm, or an injured back due to the carelessness of a store or other entity, you are entitled to legal compensation for your damages.
Here are just a few examples of premises liability cases in which we have received settlements and judgments for our clients. In some categories we have received numerous settlements this list is just an example of case types:
- Trip and fall on a hole in a public sidewalk;
- Trip and fall over a parking stop in a shopping center;
- Trip and fall on Defectively maintained stairs;
- Trip and fall on an uneven stair at a funeral home;
- Trip and fall on a hole next to a parkway;
- Trip and fall on a crack and uneven surface on a private sidewalk; etc.
The above list is a small example of trip and fall cases in which we have obtained settlements for our clients. Obviously every scenario is different.
If you want to obtain a free consultation over the telephone to determine if you have a good trip and fall case call us now at (800) 816-1529, Ext. 1.
TIME LIMIT TO FILE A LAWSUIT IN YOUR TRIP AND FALL CASE (California STATUTE OF LIMITATIONS)
The present Statute of Limitations for filing a lawsuit for Trip and fall cases in the State of California is two (2) years from the date of the accident. If you do not file a lawsuit within two (2) years, you lose your right to sue!
If any of the responsible parties to your trip and fall injury accident is a governmental entity such as on a public sidewalk, street, building, etc., a claim must be filed with the entity within 6 months from the date of the trip and fall accident. If the entity rejects the claim within 45 days, they must then be sued within 6 months from the date of the rejection.
The only time that you should ever wait two years to file a lawsuit in a trip and fall case, is if you are presently treating with a medical provider for injuries sustained in the trip and fall accident. In such cases you damages are not fully known (ripe).
What do you do if you have suffered a Trip and fall injury?
If you suffered what you believe is a Trip and fall injury accident, you need to immediately report the injury to the owner, manager, or other employee of the establishment where the injury occurred, so that there will be a record of the trip and fall accident. If the injury occurred on private property or at a residence, notify the homeowner or the owner of the property if possible. Write down the name, title, phone number, address, and physical description of the person that you report the injury to.
Request a copy of any accident, and/or incident report that is prepared in connection with the injury that you reported. If the person who takes the report refuses to give you a copy of the report, try to write down a description of the form that was filled out for future reference.
Try to identify and get contact information from any witnesses that may have observed the trip and fall incident or the dangerous condition.
Request that the condition that caused your injury be photographed.
If necessary request an ambulance or medical treatment for your injuries.
Upon notification of the incident, the establishment will probably immediately try to clean up and/or correct the condition that caused your trip and fall injury if they can. (Evidence of the repair of cannot be used at trial to prove that there was a dangerous condition, pursuant to the California Evidence Code and public policy, which is that the law does wants persons to correct dangerous conditions.)
Therefore it is critical if you can, to try to get evidence of the dangerous condition before it is corrected. If you are physically able, purchase a cheap disposable camera and photograph the condition before it is corrected, use your cell phone to photograph the condition if you can. Look to see if there is video surveillance cameras that may have recorded your incident. Request in the presence of witnesses if you can, that the store or establishment preserve any video surveillance tapes.
It is critical for you to contact us as soon as possible after you have suffered a trip and fall injury. We will send an investigator out to photograph, measure, and observe the dangerous condition and to try to interview witnesses. Obviously if the incident was caused by a spilled substance we may not be able to photograph the actual spilled substance, but we can get photographs of the scene of the incident for future use.
The Necessity of retaining counsel
The above information is just a small part of what you need to know when dealing with trip and fall accidents.
As a firm that handles trip and fall injury cases, including most types of trip and fall cases, we must above all, highly recommend that you retain a lawyer to represent you in your case. Preferably within the first 24-48 hours of the time the accident occurred.
We have dealt with many people who thought they could do it on their own without a lawyer, who in the end either by their own words or conduct, unintentionally sabotaged their own case, or settled their case for a small fraction of what their case was actually worth.
More then anything, we dislike having to tell someone who attempted to handle this complex area of the law on their own, that there is nothing we can do for them because they already settled their case, or they waited too long to file suit, etc.
Our purpose as a law firm is to provide you with aggressive, competent legal representation on your case. The word competency is not just some marketing term. Competency means that you have the expertise and knowledge to handle the case.
The Law Offices of Norman Gregory Fernandez has the level of competency necessary to get you maximum results in your trip and fall case.
You may call us now for a free consultation on your case at (800) 816-1529, Ext. 1. You have nothing to lose except the money you may be entitled to in your case!