Losing your footing unexpectedly can be a lot more dangerous than many people expect, especially if you fall at an awkward angle or onto a hard surface. Depending on the circumstances, this type of incident can lead to soft tissue damage, broken bones, or even traumatic brain or spine injuries that have permanent and debilitating repercussions.
If you got hurt because unreasonably dangerous conditions caused you to suffer a bad fall, discussing your legal options with a Miracle Mile slip and fall lawyer may be in your best interests. With an experienced local attorney by your side who has successfully handled cases like yours before, you may have much better chances of holding a negligent property owner or manager financially liable for the damages their misconduct led you to sustain.
In most situations, California Code of Civil Procedure §335.1 sets a filing deadline of two years for prospective personal injury claims, including those stemming from slipping or tripping accidents. This means that a person who gets hurt because of someone else’s negligence has a maximum of two years following the discovery of their injuries to file suit, or their case will be time barred, and they will almost certainly have no means of recovering compensation for that incident.
However, if someone wants to file suit over property damage sustained in a slip and fall, they would have three years to file suit under California Code of Civil Procedure §338. Conversely, anyone who wants to file suit over a slip and fall on government property or government-owned land has a maximum of six months to notify the relevant municipal or state authority of their claim.
Finally, there are various circumstances that may allow for the applicable statute of limitations to be “tolled,” meaning that a prospective plaintiff may have more time to file suit than the standard deadline allows. However, it is best to retain an attorney sooner rather than later and get started on a potential slip and fall case in Miracle Mile as quickly as possible, just to make sure that relevant evidence does not disappear.
Through a successful lawsuit or settlement demand, someone who slipped and fell may be able to recover compensation for every economic and non-economic consequence of their accident, including medical bills, physical pain and suffering, lost work income, personal property damage, and various effects of a permanent disability or disfigurement. Notably, effective recovery often hinges not only on being able to prove fault by a defendant, but also on being able to disprove allegations of comparative fault made against the plaintiff.
Under California court precedent, any percentage of blame that a court assigns a civil plaintiff for their own damages will result in a proportional reduction of their final damage award. In light of this, assistance from a skilled trip and fall lawyer in the area is often crucial to maximizing available compensation and ensuring fair recovery for all applicable losses.
Slips and falls cause thousands of injuries and millions of dollars in losses every year, and in many cases the negligence of a property owner or manager is to blame. However, proving fault during civil litigation is often a complex endeavor without guidance from an experienced legal professional.
A knowledgeable Miracle Mile slip and fall lawyer could provide essential guidance throughout every stage of your civil claim. Call today to set up a meeting.
Benji Personal Injury – Accident Attorneys, A.P.C.