4 Myths About Slip and Fall Accidents
Slip and fall cases are extremely common. However, they are often underreported from a legal perspective because many people assume that there is nothing they can do about these falls. Instead, many slip and fall situations would lead to legal liability if the victim talked to a California premises liability attorney about their options. A slip and fall case could help you recover for medical bills, any lost time from work, and more. You absolutely should not believe the following common myths about slip and fall accidents.
- I don’t have a case if there was a warning sign.
When property owners know that there is a problem on their property, they will often put up warnings so that visitors are careful in that area. Warnings are helpful, but they do not counteract the property owner’s responsibilities. Simply putting up a sign does not automatically protect the property owner from legal liability. The property owner may still be legally responsible for your damages if they were negligent in cleaning up spills or maintaining their property in other ways—a sign may not mean anything.
- I can only sue for physical injuries after a fall.
While you certainly can sue for your physical injuries after a fall accident, that is not your only potential area of damages. If you miss work or have to deal with severe injuries with long-term effects on your life, you can often recover compensation for those other losses as well.
In some situations, your physical damages may not be much compared to the mental trauma you have endured. In some cases, victims are so scared of falling again that they avoid certain places or have other long-standing issues. Those are losses too, and you may be able to recover for them.
- I’m not going to be able to prove my case.
Slip and fall claims can be challenging from an evidence perspective. The property owner does have control of the area where you fell. However, if you act quickly, your attorney will be able to get into that location to take photos before they change anything. While that often is not possible with falls caused by spills or wet flooring, falls caused by poor maintenance or uneven flooring are easier to show.
You should keep in mind that your testimony is evidence too; what you have to say about your fall accident is going to be extremely important to your case. You may also be able to find witnesses who have information about similar incidents or that even saw your fall. Your lawyer will help you build your case to present to an insurance company or at trial.
- I can (and should) wait to sue until I’m completely recovered.
You don’t have to know exactly what your damages are to assert a lawsuit. It may take years for you to recover fully, and wait that long to bring your case will present challenges because evidence and witnesses may virtually disappear.
You also have a time limit from a legal perspective, too. In California, you must file your lawsuit within two years of the date of your fall. While two years may seem like a long time, it can come much faster than a full recovery in serious cases. Schedule a consult with the experienced pedestrian accident attorneys at Deldar Legal as soon as you can after your slip and fall accident. We can help you examine your legal options after a fall.
Posted in: Slip & Fall