Slip and fall accidents can happen in an instant, whether you are walking along a sidewalk or browsing the shelves in a grocery store. If this happens because of someone else’s negligence you can often get compensation for your injuries.
If a slip or fall has caused you an injury, talk to a dedicated injury attorney to discuss the specific circumstances. If negligence led to the condition that caused your fall, a Moreno Valley slip and fall lawyer could advise you about available options to get compensated.
Proving Negligence After a Slip and Fall
An injured person cannot claim damages for a slip and fall unless they can show negligence on the part of the person who owns or possesses the property where the accident occurred. There are several components to this analysis.
First, a plaintiff must show that the defendant controlled the premises where the accident occurred. Next, the plaintiff must demonstrate that a hazardous condition existed and that the defendant either knew or should have known about the hazard. Finally, the plaintiff needs to prove that the defendant did not repair the condition or provide appropriate warnings about it.
Slip and fall cases often raise questions about whether repairs took place within a reasonable period or whether warnings were adequate. A skilled slip and fall attorney in Moreno Valley could gather evidence to show that a defendant did not act reasonably to protect people from an unsafe condition and should be liable for any injuries.
Brief Time Available to File a Lawsuit in Moreno Valley
Statutes of limitations restrict a plaintiff’s time to file a lawsuit. In California, a potential plaintiff has two years from the date of an accident to bring a lawsuit alleging personal injuries. Sometimes it may be possible to bring a lawsuit after the two years have expired. For example, if there is a delay in discovering an injury if the injured person was younger than 18 when the accident occurred, or for several other specific reasons, the time to file may be extended.
If the fall happened in a government office, a public school or library, on a city street or sidewalk, or any place a government is responsible for maintaining, the time to act is much shorter. Ca GOV §§910-913.2 sets forth specific instructions about how an injured person must proceed when filing a claim against a government entity. In most cases, the injured person must file a notice of claim form within six months of the accident. A failure to file that notice can result in a dismissal of any subsequent lawsuit.
Consulting with a skilled attorney as soon as possible after a slip and fall incident could ensure that a plaintiff meets all necessary deadlines. A lawyer could also advise whether there is a legally justifiable reason for an extension of the statute of limitations in a particular case.
Protect Your Rights with a Moreno Valley Slip and Fall Attorney
Negotiating by yourself after a slip and fall is not the wisest choice. Defense lawyers and insurance companies may attempt to intimidate you or pressure you to accept a low-ball offer in exchange for a quick settlement.
You do not need to be a victim of these tactics. A Moreno Valley slip and fall lawyer could show the defendants that you are entitled to reasonable damages for your injuries, as well as any inconvenience, embarrassment, or other losses related to the accident. Contact the office to discuss the specifics of your case with a legal professional.