Slip and fall accident injuries are often far more serious than people realize. There is a stigma that comes with slips and falls that victims couldn’t possibly have suffered a catastrophic injury. However, slip and fall accident injuries can be excruciatingly painful and debilitating, depending on how your accident occurred. If your life has been turned upside down by your slip and fall injuries and you are unsure of how to get through these difficult times, you need a compassionate and experienced legal advocate.
When you consult a respected San Clemente slip and fall accident lawyer from Text Kevin Accident Attorneys, you can breathe easier. Our firm will take over the legalities so you do not need to pick up the pieces of your life on your own. Your personal injury lawyer can carefully review the specific circumstances of your case to determine who is at fault, how you can make them pay, and what your damages could be worth. Contact our office to schedule a free consultation today to get started.
What to Do After a Slip and Fall Accident in San Clemente
Build the strongest case possible against the at-fault party by remaining calm and taking the following steps after your slip and fall:
- Contact 911 and the San Clemente Police Department for help
- Collect as much evidence as you can at the scene of the accident, including photos of your injuries or property damages, and getting contact information for witnesses to the accident
- Get medical attention so you can get the treatment you need and start building comprehensive medical records
- Contact a highly experienced San Clemente slip and fall lawyer from Text Kevin Accident Attorneys to explore your legal options
Tip
Do not post anything on social media while you are going through the legal process. You should not post that you were involved in an accident, that you are participating in fun activities over the weekend, or anything else that could be misunderstood or used against you. You do not want to give the insurance company or liable party any reason to accuse you of exaggerating the extent of your injuries to increase the amount of compensation you are awarded.
Slip and Fall Accident Injuries Can Be Devastating
Slip and fall accident victims often suffer debilitating injuries. Some victims find themselves with permanent disabilities. Examples of injuries our clients have struggled to cope with include:
- Spinal cord injuries
- Back injuries
- Broken bones
- Neck injuries
- Traumatic brain injuries (TBI)
- Soft tissue injuries
- Concussions
Pro Tip
Keep a journal that details the various ways your injuries have affected your life. You have the right to be repaid in full for both economic and non-economic damages. While non-economic damages are intangible and subjective in value, your personal journal will detail the profound impact your injuries have had not only physically, but emotionally as well.
The Cost of Hiring a Slip and Fall Accident Lawyer
Do not worry about the cost of hiring a slip and fall accident attorney when you choose Text Kevin Accident Attorneys to take on your case. Payment for our legal services is contingent upon successfully recovering compensation for your damages. Our contingency agreements are written in accordance with Rule 1.5 Fees for Legal Services by the State Bar of California, so you can feel confident knowing your personal finances are never at risk.
Local Results
Detainee Received $1,045,000 Settlement for Head Injury During Police Car Accident While Being Transported in Los Angeles
Case Type | Car Accident |
Location | California |
Settlement | $1,045,000.00 |
Shared Blame for Slip and Fall Accidents in San Clemente
It is common for liable parties to blame injury victims. Fortunately, California is not a pure contributory negligence state. Instead, we follow pure comparative negligence laws under California Civil Code 1714. Sharing blame will not prevent you from recovering compensation. However, your settlement will reflect a partial deduction that is proportionate to your percentage of blame. For instance, if you were 15% liable for the accident, you would only receive 85% of whatever you were awarded.
What Causes Slip and Fall Accidents in San Clemente, CA?
Figuring out the cause of your slip and fall accident will be one of our top priorities. Once we identify the cause of the accident, we can determine who is ultimately responsible for your damages. Slip and fall accidents can occur for many reasons. Generally, property owner negligence plays a part in the injuries that victims sustain. Some of the top causes of slips and falls include:
- Ladder accidents
- Wet floors
- Debris in walkways
- Escalator accidents
- Defective stair railings
- Loose flooring
- Unsecured carpeting
- Broken pavement
- Elevator accidents
- Parking lot accidents
- Supermarket accidents
- Stair accidents
- Negligent security accidents
Note
Do not be surprised if other third parties share liability for your injuries as well. Although property owners are frequently named in slip and fall accidents and premises liability lawsuits, other parties can also share fault. For instance, if you were injured in a stair accident because the company that installed the stair railings failed to use the correct parts, they may share culpability for your losses.
Life is better now!
Its going to be tough to thank Kevin enough! His guidance, support and optimism from day one helped me get thru the arduous process of appointments and treatments required to recover from my injuries and pay the bills.
My calls were returned promptly, I always felt he “truly” cared about me, my case and the outcome. I know he fought hard and brought my case to a very successful conclusion (the Max).
“OH” and can’t forget, His support team gets 5 stars as well.
Thank you Kevin, Thank you!
Rob Peltier
San Clemente, CA Accident
San Clemente Slip and Fall FAQs
The open and obvious doctrine is a legal argument many liable parties use to defend themselves and potentially avoid culpability for your damages. If hazardous conditions would be considered “open and obvious” to any other reasonable person, the property owner may be able to avoid liability for your damages.
Many property owners will take steps to protect themselves from liability by placing hazard warning signs near dangerous conditions. This does not entirely absolve them from liabilities since California is a pure comparative negligence state, but it can reduce the amount of culpability the property owner carries.
Property owners have a legal obligation to maintain the safety and integrity of their premises for their invited guests and patrons. Property owners are expected to make necessary safety repairs, install security cameras or safety features where applicable, and sufficiently warn guests and patrons when there are safety hazards so they can protect themselves. When a property owner violates their duty of care, they can be found liable for the injury victims’ damages.
Your slip and fall accident claim must be filed before the statute of limitations expires. Under California Code of Civil Procedure § 335.1, the personal injury statute of limitations in California is generally two years from the accident date. Unless extenuating circumstances are present, this means you will have just two years from the date the accident occurred to file your lawsuit in civil court. If your claim is not filed before time runs out, you can expect to be prohibited from pursuing your case further in a court of law.
However, it is not only the statute of limitations for catastrophic injury lawsuits that you need to be aware of. The insurance company can also set a claim filing deadline. When you are dealing with the liable party’s insurance provider, this deadline may not be clear. Your slip and fall accident attorney from Text Kevin Accident Attorneys can review the policy details to ensure your claim is filed before the expiration date, this way, we can hold the insurance company accountable to their financial responsibilities.
You must be willing to exhaust all opportunities if you hope to get the most out of your wrongful death claim. No amount of money or benefits will make up for the fact that your life has been permanently changed by the loss of your loved one. However, financial support could be what your family needs to avoid financial ruin and allow you to grieve your loss. With that in mind, when you are hoping to maximize your settlement, be prepared to file claims with the insurance company and a wrongful death lawsuit in civil court. Many liable parties will have insurance coverage in place that will cover at least a portion of your family’s losses.
The insurance company may pay for the decedent’s medical expenses, property damages, and other types of covered losses as described in the liable party’s policy. Any damages that are not covered by the insurance policy can be included in your personal injury demand letter. If those responsible for causing your family member’s death do not have insurance coverage, filing a wrongful death lawsuit may be the only way for you to recover the full compensation your family is entitled to.
There is no average slip and fall settlement in San Clemente, California, or anywhere in the US. While plenty of law firms will go online and list settlement figures, the truth is that every person’s case is different, and average settlement amounts may be skewed. It is impossible to know the average settlement since injury victims often work with different law firms, and have varying injuries, and the value of their damages is subjective.
If you hope to find out how much compensation you can be awarded, instead of going online and searching for the average slip and fall settlement in San Clemente, reach out to a reputable San Clemente premises liability attorney. Kevin Crockett with Text Kevin Accident Attorneys can review the various ways your life has been affected by the injuries you sustained to ensure we are getting the most out of your claim.
Punitive damages can be awarded in San Clemente slip and fall claims. Under California Civil Code Section 3294, punitive relief may be possible if the defendant’s conduct is deemed grossly negligent, willfully malicious, or reprehensible. For this reason, punitive damages do not apply in every slip and fall or personal injury claim.
Instead, it is at the court’s discretion to determine whether the at-fault party should be further punished for their blatant disregard for your safety and well-being. The judge presiding over your case may also impose an award of punitive damages as a way of notifying the community. By punishing the individual or entity who caused your slip and fall injuries, they can send a message that similar acts of negligence or misconduct will not be tolerated.
Consult Our San Clemente Slip and Fall Attorneys Today
Your slip and fall injuries may have had a catastrophic impact on your life, but they do not need to define your future. You have an opportunity to demand justice and access the financial compensation you are going to need to cover your costs and move forward. With the legal guidance and support of a top-rated San Clemente slip and fall lawyer from Text Kevin Accident Attorneys, you can get the most out of your claim.
Our firm is proud to offer 100% free consultations to slip and fall accident victims and premises liability injury survivors across San Clemente and surrounding communities. Take advantage of this opportunity. Fill out our convenient contact form or call our office to get started on your insurance claims and civil lawsuits as soon as today. When you are awarded the fair compensation you are entitled to, you will be glad you did.
San Clemente FAQs
There are many beautiful public parks across San Clemente, CA, including:
1. Linda Lane Park
2. Calafia Beach Park
3. San Clemente Beach Trail
San Clemente Pedestrian Beach Trail
4. Rancho San Clemente Park
5. San Clemente State Beach
If you follow I-5 South for 36 miles, you will get to San Clemente in about 36 minutes when traveling from Garden Grove. Alternatively, you could follow CA-22 East and I-5 South for just over 43 miles and get to San Clemente in about 47 minutes.
If your slip and fall injuries require physical therapy, consider one of these top-rated physical therapy providers in San Clemente, CA:
1. SCOR Physical Therapy
Located in San Clemente Professional Plaza
2. California Rehabilitation and Sports Therapy – San Clemente
3. San Clemente Physical Therapy