Legally reviewed by: Jessica Anvar Stotz, JD, MBA
When it comes to Los Angeles slip and fall lawsuits, you can obtain a settlement if you can prove another party’s negligence that caused injuries. Compensation typically includes covering medical expenses, lost wages, and damages for pain and suffering incurred as a result of the injuries sustained on someone else’s property.
If you cannot prove another party was responsible for your slip and fall injuries, a lawsuit may not be possible. Below, we’ll talk about the possible compensation you could receive after filing a lawsuit in LA county and what the process could look like if you have a case.
|Severity of Accident
|Average LA Slip and Fall Settlement
Tell the property owner about the accident, filing a report or getting insurance info to start a claim.
It might be tricky to figure out who is to blame after an accident, and you can name a placeholder, like ‘John Doe,’ until you pinpoint the right person.
According to the California Courts website, if you slip and fall in a store, you need to find out if the store belongs to a chain (which means you would have to sue the chain) or if it is just that 1 store. And then you would need to figure out who owns the store. You cannot just sue the manager of the store, since he or she is probably just an employee. You have to find the owner or owners of the store, and it is possible that the owner of the store is another business.
Get statements from people who saw the fall or know the place was unsafe. These can be used as extra proof.
To win, you must prove someone was careless. This involves collecting info during the investigation, like maintenance records and videos.
You have the right to ask the responsible person and others questions to find out what they knew.
Show that you should be compensated under the law. This means proving the property owner owed you a duty, didn’t fulfill it, and you got hurt because of it.
Proving negligence in slip and fall cases can be challenging due to several factors. First, establishing that the property owner was aware of the dangerous condition or should have been aware requires thorough investigation. Additionally, demonstrating a direct link between the negligence and the injury is often complex.
The subjective nature of what constitutes a hazardous condition adds to the difficulty. Also, legal nuances and the need for compelling evidence, like maintenance records or surveillance footage, contribute to the complexity. Overall, the multifaceted nature of negligence, coupled with varying circumstances, makes it challenging to provide unequivocal proof in many slip and fall cases.
In Los Angeles, you typically initiate a slip and fall lawsuit here, in LA county where the incident happened. However, if it occurred on public property like a sidewalk or government building steps, you might sue the local, state, or federal government.
For claims against California’s government, file with the Victim Compensation and Government Claims Board (VCGCB) within six months. If rejected, proceed to your local civil court.
If you file a slip and fall lawsuit in the wrong county in California, the court may dismiss your case. To ensure proper proceedings, it’s crucial to initiate legal actions in the county where the accident occurred.
Slip and fall victims may be eligible for compensation to cover medical costs, including hospital bills, surgeries, medications, and rehabilitation.
Victims can seek compensation for income lost due to the injury, encompassing missed workdays, diminished earning capacity, and potential future income losses.
Compensation may include damages for physical and emotional distress caused by the slip and fall incident.
If personal belongings were damaged during the fall, victims might be entitled to reimbursement for the cost of repair or replacement.
In some cases, compensation may cover the victim’s legal fees associated with pursuing the slip and fall lawsuit.
Additional damages may be awarded based on the specifics of the case, such as disfigurement, loss of consortium, or loss of enjoyment of life.
Filing a slip and fall lawsuit promptly is crucial to preserve evidence. Surveillance footage, witness statements, and other critical evidence may degrade or disappear over time, making it harder to build a strong case.
There’s a time limit, known as the statute of limitations, within which a slip and fall lawsuit must be filed. Waiting too long may result in losing the right to seek compensation.
Memories fade, and witnesses may become harder to locate or remember the details of the incident as time passes. Filing early ensures the availability of fresh and accurate information.
Seeking immediate medical attention is essential for documenting injuries. Waiting to file a lawsuit might complicate proving the connection between the fall and the injuries sustained.
The legal process takes time, and delaying filing may result in prolonged wait times for compensation, impacting the ability to cover medical bills, lost wages, and other expenses related to the incident.
Hiring a slip and fall attorney offers several benefits over self-representation. Attorneys bring legal expertise, navigating complex laws and ensuring all aspects of the case are addressed.
They handle negotiations with insurance companies, maximizing potential compensation. Attorneys also alleviate the burden of paperwork and deadlines, reducing stress for the victim. Moreover, they have access to a network of professionals, such as investigators and expert witnesses, strengthening the case.
Ultimately, having an attorney increases the likelihood of a favorable outcome, ensuring proper legal procedures are followed and the victim receives fair and just compensation for their injuries.