A Guide to the Statute Of Limitations In A California Slip And Fall Accident

Going through something as serious as a slip and fall incident in California, means you, the victim, are entitled to seek out compensation for your injuries and emotional turmoil. However, there is a time limit on when you can file for this type of suit, and if you miss it, your case will be dismissed immediately. Therefore, it is in your best interest to know exactly when to take action in order to not miss out on what you are owed.

 

What Is the Statute of Limitations?

The Statute of Limitations is simply a legal term used to denote when a plaintiff can make a claim. This timeline varies from state to state and case to case. After a slip and fall takes place, there are two common paths to tread. Firstly, the victim will file an insurance claim against the liable party. Secondly, the victim may go straight to a slip and fall injury lawsuit instead. When it comes to this type of incident in California, victims have two years to file a formal complaint in court. After this, your case will possibly be invalid and you will be entitled to nothing at all. The slip and fall accident lawyer team at Karns & Karns Personal Injury and Accident Attorney firm can talk this through with you.

 

How is a Slip and Fall Accident Defined?

If you are involved in a slip and fall accident, you will have tripped or fallen. To file a suit you should believe that someone neglected a duty of care, or that the accident could have been avoided if certain steps had been taken in the run up to the event. People fall all of the time, after all, so to create a lawsuit or insurance claim, there has to be a real injury and a just cause for pursuing this path.

 

Premise Liability

This is where the topic of Premise Liability comes into play. For a property owner to be liable, there has to be a reason. It is not just as simple as falling on someone’s property and saying it was their fault. The insurance adjuster or attorney will be looking for a justifiable reason behind the filing, and you will have to prove it. The key will be in the details, and this should always be discussed with your trip and fall accident attorney.

 

Determining Culpability

Top slip and fall lawyers like Karns & Karns Personal Injury and Accident Attorneys understand what is needed to determine culpability in this kind of filing. Facts are essential, and we will talk to you about collecting evidence and the reasons behind you beginning the claims process in the first place. There are two main preliminary things you should know about to determine if you have a viable premises liability case.

 

Dangerous Condition and Notice

An owner of a property is required to maintain their property in a reasonably safe condition.  If there is a dangerous condition on the property that causes an injury, then the pprperty owner is liable if they knew or should have known about the dangerous condition and didn’t do anything about it.

 

Are There Times When A Property Owner Is Not Liable?

There is always a chance that a property owner will deny liability. They may prove that there were sufficient warnings in place, or that they made the correct provisions to avoid a slip and fall from taking place. It is up to your attorney to explore this.

 

The Most Common Causes of Slip and Fall Incidents

What kind of things can cause a slip to happen? This answer entirely depends on the environment at the time of the incident. There are a number of factors that can lead to accidents of this nature, and for a case to be viable, there has to be a provable amount of liability through some form of duty of care not being upheld. Typically, a slip and fall might take place if:

  • Certain hazards have been left out, such as cleaning materials.
  • Improper signage to mark a wet floor or construction zone.
  • Lack of care in the environment.
  • Insufficient lighting.
  • Uneven floors or the wrong type of flooring.

The Most Common Consequences of Slip and Fall Accidents

These injuries can be quite serious. Each victim is different, of course, but there are some common outcomes that are associated with this type of accident. Here’s a list:

  • Broken bones
  • Lacerations
  • Traumatic Brain Injuries
  • Neck Injuries
  • Back Injuries
  • Fractures

Do not miss your chance to file if you are a victim of a slip and fall incident. You generally have two years from when the event happened to seek legal advice and take action. Missing this would mean you could be left with costly medical expenses and ongoing emotional burdens with no chance of financial support for what you have suffered through.

Talk to Karns & Karns Personal Injury and Accident Attorneys today and make an appointment to discuss the case more thoroughly with our team. You can come into the office or give us a call, just don’t delay.

5 Common Accidents In California

Accidents can and do occur in everyday life. Being a careful driver, wearing reflective clothing while bicycle, or waiting for the green light to cross the street as a pedestrian are all important ways to reduce your accident risk. However, it’s still too easy to endure the effects of a life altering injury.

Anyone who lives in California would probably not be surprised to learn that the most frequent causes of injuries are slip-and-fall accidents, automobile accidents, truck accidents, pedestrian accidents, and bicycle accidents. The most crucial thing to remember is that you must learn about your rights and take proactive measures to protect yourself and your future if you ever find yourself the victim of such an accident.

Truck Accidents

There are many other reasons why truck accidents might happen, including careless truck drivers, poor vehicle maintenance, and the inability of passenger automobiles to maneuver around larger vehicles. Among the most typical accidents kinds you could experience are listed below:
• Jackknife
• Wide turn collisions
• Truck rollovers
• T-bone accidents
• Tire blowout

If a truck accident has injured you, you must retain the services of a qualified attorney who can assist you in obtaining the money you want to cover your medical expenses, property damage, lost earnings, and emotional distress. Likewise, even if everyone is cooperative and you believe your injuries may be minor, you should consider calling the police and going to the hospital immediately.

Car Accidents

In California, there are hundreds of thousands of car collisions annually. Unfortunately, many car accidents are caused by drivers who are careless or reckless. To significantly reduce the danger of collisions, injuries, and fatalities, drivers must comprehend and steer clear of the most prevalent of these behaviors.
• By limiting a driver’s effective reaction time and ability to maintain control of their vehicle, speeding can increase the likelihood of collisions.
• Each year in California, hundreds of car accidents are caused by drivers under the influence of drugs or alcohol.
• One other accident-causing factor in California is driver distraction. Numerous still-legal distractions, like eating while driving, might increase the likelihood of a car accident.

Motorcycle Accidents

One of the riskiest modes of transportation is a motorcycle. Tragic accidents are more likely to happen to motorcycle riders. Hundreds of motorcycle accidents in California yearly result in injuries or fatalities. Some of the most common reasons for motorcycle accidents in California are the ones listed below:
• Head-On Vehicle Collisions
• Intoxication
• Lane Splitting
• Road Hazards

Speak with motorcycle injury lawyers. Everything will be handled by motorcycle injury lawyers, including gathering proof, speaking with witnesses, communicating with insurance providers, and presenting the case in court.

Train Accident

It is impossible to emphasize railway accidents’ emotional and financial toll on victims and their families. Despite the fatalities and demands for more safety, there will probably be more California train accidents in the coming days. The following list includes some of the most frequent causes:
• Negligent engineering
• Lack of sufficient training
• Equipment malfunction
• Extreme speed
• Inconsistent signals

A train accident lawyer who is well-versed in how California and federal law interact may be necessary for the sufferer. Regardless of your situation, train accident lawyers will vigorously defend your rights and work to get you the money you are due.

Pedestrian Accident

Since pedestrians use the roads, their safety is just as crucial as that of drivers and passengers. However, these mishaps can result in catastrophic injuries or the loss of precious lives. Here are a few of them to keep in mind whenever you set out on foot:
• Intoxicated drivers
• Walking during night-time
• Pedestrians not using the sidewalk
• Drivers making unsafe left turns
• Speeding drivers
• Distracted pedestrians

Get the necessary legal counsel from a personal injury attorney as soon as possible to avoid engaging in a pedestrian accident in California. Do not hesitate to contact Karns & Karns Personal Injury & Accident Attorneys if you or a loved one was injured in an accident. Our pedestrian accident lawyers have years of expertise in helping clients obtain the greatest compensation to cover their damages and injuries. Our injury attorneys will ensure that you receive the correct medical care for your injuries, provide outstanding legal counsel, and secure just compensation.

Let our award-winning attorneys at Karns & Karns Personal Injury & Accident Attorneys help you. Call us at 877-557-4221 today!

Get on Your Feet, Hire the Best Slip and Fall Attorneys

slip and fall attorneys

Accidents do happen and we should be ready to face and act on their consequences.

Slip and fall is one type of accident that many of us may have experienced once in our lives. It may have happened when we were young playing or goofing around with our friends or siblings. There could be a time that it gave us stomach pain laughing at how a friend may have slipped and fallen from a stair. It is like being in a video shoot when suddenly the protagonist is gone all of a sudden from the camera frame.

But slip and fall may have serious repercussions for anyone. In the United States alone, based on the statistics from the National Safety Council, in 2020 there were 645 deaths caused by falls from elevation while 49,250 had serious injuries. There are also cases where a slip may result in broken bones, spine, hip, and even head injuries.

Employers, owners of public places such as malls and parks, and private properties try their best to prevent this and come up with safety programs and precautions.

However, reality bites that these accidents do happen, whether caused by negligence or non-compliance. Thus, a person, whatever their physical condition, could experience the unwanted negative impact of these accidents.

As to any type of unwanted incident, the first thing we need to address is the physical intervention that needs to be done as soon as possible.

  • Seek help from the person closest to you.
  • Call your colleague or officer or employee or even a stranger to assist.
  • Seek medical attention even if you don’t feel any immediate physical pain.
  • And as to any instance, transaction or accident, we should be able to document everything (this is where our smartphones become really handy!) from taking photos, to getting the names of those who helped or assisted you.

One may think that we should blame ourselves for such accidents, but that’s not the case.

Because such an experience may result in short-term or long-term physical injuries that eventually bring about negative emotional, mental, and financial pain not just to the person involved but also to their loved ones.

To help yourself in this situation, it is wise to seek the best slip-and-fall lawyers who will use their expertise, time, and knowledge to serve you.

The health and well-being of the person (and even their families) will be the top priority one has to deal with. Hiring the slip and fall accident attorney will lessen the burden you have to deal with and it may even be the best thing that you will do.

They will guide and do all the work for you in claiming appropriate assistance and damages based on the factors that led to such an accident. This requires a skillset and expertise to work on the ins and outs of establishing liability/fault in a slip and fall case.

Karns & Karns Personal Injury & Accident Attorneys main goal is to protect and preserve your best and only asset: yourself.

Just like you who would do everything for your family, you could trust Karns & Karns Personal Injury & Accident Attorneys as your family who will provide this service as this is their niche, their expertise, and their mission.

You must have someone on your side, not for the money, but for what you truly deserve. One may think that they don’t need a lawyer. That they could just google anything they need to know and search for everything, anytime and anywhere. But we know better that this is a fallacy and in cases of slip and fall, calling a slip-and-fall attorney will be your saving grace to get back on your feet and start moving forward.

Remember, you don’t have to do it on your own, don’t make yourself suffer more, and call someone you could trust and who will fight for you and with you.

Don’t waste time and call Karns & Karns Personal Injury & Accident Attorneys now at 877-557-4221, your best slip-and-fall attorney.