Slip and Falls Archives - The Beliz Law Firm

What is the Average Settlement from a Slip and Fall Case in Long Beach?

Oct 17, 2024 | By Michael Beliz | Read Time: 4 minutes

A slip-and-fall accident can leave you with severe life-altering injuries. The ramifications may leave you unable to work and participate in daily activities, forcing you to consider legal action. Often, accident victims ask us, What is the average settlement for a slip and fall case? While it is not the answer most people want to hear, the average slip-and-fall settlement in California can vary significantly depending on your case’s specific facts and circumstances. If you are wondering how much a slip and fall claim pays, we advise meeting with a slip and fall attorney to assess your case thoroughly. What Is the Average Settlement for a Slip and Fall? It is difficult and even inappropriate to confidently say the average slip-and-fall lawsuit payout for several reasons, mainly because most settlements are confidential and not publicly disclosed. No database or central location exists for reporting and tracking slip-and-fall injury settlement amounts. In other words, it is simply impossible to know what other people have settled their cases for. It is also difficult to formulate an average slip-and-fall settlement in California because each scenario is unique. While there is no formula or calculation for determining the average settlement, several factors will be considered. Severity of Injuries As you might imagine, one of the most prominent factors to consider in your slip and fall lawsuit payout is the severity of your injuries. Think about it: if you only suffer superficial minor injuries and are expected to make a quick recovery, your settlement is likely to be much less than someone who suffered severe, permanent injuries. The more severe and permanent the injuries are, the more medical care you are likely to need, increasing your settlement amount. For instance, if you break your wrist in a slip and fall but expect to make a full recovery without necessitating surgery, your damages are going to be less than someone who requires multiple back surgeries with a bleak expectation of a full recovery. Financial Loss Any potential settlement will also consider a slip and fall victim’s financial loss. There are many types of economic loss, but one of the most significant is lost wages and the loss of future earnings. If your injury causes you to miss work or makes you unable to return, you may be entitled to that compensation. Lost wages are intended to compensate you for any lost pay from the time of the accident until the settlement. Lost future earnings are designed to compensate you for any anticipated lost wages over your lifetime. For instance, if your injury is so severe that you will not be able to work for the remainder of your life, you will seek substantial compensation for that anticipated financial loss. You can also seek damages for diminished earnings if you are forced to take a job that pays less than what you previously earned. Other financial losses can include home or vehicle modifications and hiring outside help to assist you with household chores. Applicable Insurance Policy Maximums The defendant’s insurance policy will also play a significant role in the amount of your settlement. You may have a severe injury with exponential damages, but your settlement may not be much if the defendant has little to no insurance. Generally, a plaintiff is bound by the insurance policy limits available and can only collect up to the maximum policy limits. California Law Of course, any slip-and-fall case and potential settlement must be consistent with the applicable California law. California is a comparative negligence state, which means an accident victim can still recover damages even if they are partially at fault. Specifically, a plaintiff can still recover damages even if they are up to 99% responsible for their injury. The amount of fault will just reduce any settlement. Joint and Several Liability Slip and fall cases can be more complicated than you might think. Often, several parties may be liable for damages. Slip and fall accidents are considered premises liability claims. Property owners, business owners, managers, or outside vendors can be partially to blame for the dangerous conditions. Identifying all potentially responsible parties can be challenging to do on your own. It can take a thorough investigation to determine fault. A knowledgeable and resourceful personal injury attorney can assist you with identifying possible defendants. Other Factors Considered in a Slip and Fall Payout In addition to these five prominent factors, others will be considered in a slip-and-fall case. Whether the case settles or goes before a jury, additional factors to calculate your settlement include: Remember, each case is different, and each plaintiff is unique. There may be factors relevant to you that will not be relevant to someone else, even if the slip and fall are similar. The best way to determine the settlement you can expect is to consult a seasoned slip-and-fall lawyer for a case evaluation. Most slip-and-fall claims will settle outside of court, but we are ready to litigate your case before a jury if necessary. Get the Most Out of Your Slip and Fall Settlement in Long Beach, CA At The Beliz Law Firm, we are a small firm offering personalized attention to each case while still achieving large firm results. You may be entitled to compensation if someone’s negligence caused your slip and fall. At The Beliz Law Firm, we are always available to speak with you about your slip and fall claim and how we can help. Contact us today for a free case review.

Personal Injury

How Long Do Slip and Fall Injury Cases Take to Resolve?

Sep 7, 2018 | By Michael Beliz | Read Time: 5 minutes

When you get hurt in a serious slip and fall accident, you are probably wondering: how long does a slip and fall case take to settle? The short answer is that slip and fall accidents can take varying times to resolve, and the timetable for any given slip and fall case in California or elsewhere depends upon the facts of the case. At the same time, however, slip and fall claims tend to have similar elements, and it can help for slip and fall injury victims to understand the process of filing a premises liability claim in order to have a better understanding of the length of time for any given slip and fall case or settlement. Slip and Fall Cases Can Be a Lengthy Process It is a question that slip and fall accident lawyers get all the time: How long is my case going to take? There are two honest answers to this question. Unfortunately, the answers aren’t satisfying: There is a lot of uncertainty regarding length. The time it takes to settle California slip and fall accident claims vary; and Most slip and fall accident cases take quite a long time to settle. Many take more than a year in litigation. There is no way around it. The personal injury claims process, particularly for slip and fall accident cases, is not fast. Further, insurance companies fight these types of claims. This can lead to a long and drawn out settlement process. Most slip and fall cases are not settled in pre-litigation. Instead, someone must file a complaint in court to get the ball rolling. Example of a Slip and Fall Injury Case in California How long do slip and fall settlements take? In order to provide you with more information about this question, we want to give you a hypothetical example of a slip and fall case that we will use to tell you more about how the premises liability settlement process works. Here is an example of a slip and fall case: Joe was grocery shopping at a local supermarket. He was wearing shoes with a leather sole, which tend to be somewhat slick on flat surfaces, but he came directly from work. Joe usually wears his leather-soled shoes when he makes any stops on his way home from work, and he has never had any problems in the past. Joe knows he needs only a handful of items on a grocery list, including a new bottle of olive oil. He heads down the aisle with oils and other cooking supplies, carrying a shopping basket that is relatively heavy since it is filled with other grocery items. The floors in the supermarket are an off-white color, so Joe does not notice that a bottle of olive oil spilled on the floor. Clearly, someone cleaned up part of the spill previously—there are no signs of a broken bottle, and only the olive oil remains on the floor. Joe is rushing down the aisle to grab the oil he needs because he realizes he is late to pick up his child from daycare. While rushing down the aisle, Joe slips and falls on the oil. As a result of the slip and fall, Joe breaks his wrist and suffers a concussion. Because of the concussion, he needs to take several days off from work, and he also needs extensive surgery and follow-up medical treatments to repair the multiple breaks in his wrist. How is Joe’s slip and fall case likely to proceed? Understanding the Slip and Fall Accident Claims Process Demand Letter and Insurance Negotiations Typically the first step in a slip and fall settlement is to send a demand letter to the property owner to seek compensation for losses through insurance. The supermarket in the example above likely has insurance, and Joe’s premises liability lawyer could attempt to negotiate with the insurance company for a fair slip and fall settlement. In order to convince the insurance company to offer a fair settlement, the demand letter usually needs to make clear that Joe would win a slip and fall lawsuit because the facts of the case meet the essential factual elements of a premises liability claim: Supermarket owner or manager (the defendant) controlled the property where Joe slipped and fell; Supermarket owner or manager was negligent in failing to properly clean up the oil spill in the aisle; Joe (the plaintiff) suffered harm as a result of the defendant’s negligence; and Supermarket’s negligence was a substantial factor in causing Joe’s injury. In some cases, the defendant’s insurance company will negotiate a fair settlement, but in other cases, the plaintiff will need to file a premises liability lawsuit. When an insurance company makes a fair settlement offer, a slip and fall settlement can occur very quickly—within weeks to a couple of short months after the accident. However, when a plaintiff needs to go to court, the timetable for a settlement offer becomes much longer. Filing a Premises Liability Claim in California A plaintiff has two years from the date of the slip and fall injury to file a premises liability lawsuit in California. This is known as the statute of limitations. As long as two years have not passed, Joe’s lawyer can prepare a complaint. The complaint will provide key factual information about the case, such as who is being sued, where and how Joe slipped and fell, and what kinds of damages Joe expects the supermarket to pay for his injuries. Damages in slip and fall cases typically include compensatory damages, which compensate a victim for losses. These can include economic damages (like lost wages and medical bills) as well as non-economic damages (like pain and suffering). Once Joe files a complaint, the defendant will be able to file a response, which is known as an answer. The answer typically involves the defendant admitting to or denying the statements in Joe’s complaint. In the answer, the defendant can also bring up any affirmative defenses, such as a comparative...

Slip and Falls

What Type of Settlement Can I Expect from a Slip and Fall Ankle Injury?

Apr 25, 2018 | By Michael Beliz | Read Time: 3 minutes

Did you recently slip and fall at a small business in Southern California or at a private residence in Long Beach? Regardless of where you slipped and fell, you may be able to obtain compensation. The accident must have resulted from the property owner’s (or property manager’s) negligence. Under California law, property owners, as well as anyone who rents, occupies, or otherwise controls property, has a basic duty of care to people on the property. Specifically, the property owner must “use reasonable care to keep the property in a reasonably safe condition.” If a slip and fall accident occurs because a property owner failed to use reasonable care to keep the property in a reasonably safe condition, the injury victim may be able to obtain an insurance settlement or to seek compensation through a settlement after filing a premises liability lawsuit. What type of settlement can you expect to receive for a slip and fall ankle injury? Seeking Compensation through an Insurance Policy The first step in determining the type of settlement you can expect to receive from a slip and fall ankle injury is establishing the four elements of negligence. These elements are duty, breach, causation, and damages. Whether you may be eligible to obtain compensation through an insurance policy for your injuries depends on the facts concerning each of the negligence elements. If you slipped and fell at a local business or at a private residential property, you may be able to obtain a settlement from an insurance company. If your slip and fall occurred at a Long Beach business, the commercial property insurance policy for the business may provide coverage for your slip and fall ankle injury. Likewise, if you slipped, trip, and fell at a private residence and the owner has homeowners’ insurance, you may be able to file a claim through the homeowner’s insurance policy. It can take weeks, months, or even years to negotiate a settlement with an insurance company. But you may be able to obtain a settlement that includes both economic and non-economic damages. Economic damages provide compensation for direct financial losses. They include things like the surgery costs and lost wages due. It is common for people to miss work with serious injuries. Non-economic damages cover subjective losses such as pain and suffering. If, for instance, you fractured multiple bones in your ankle and are in serious pain as a result of the slip and fall accident, you may be able to negotiate a settlement that includes compensation for pain and suffering. When an Insurance Claim Settlement is Insufficient, You May Be Able to File a Lawsuit If you cannot obtain the compensation you deserve through an insurance claim, you may be able to negotiate a settlement after filing a lawsuit against the negligent party. A premises liability lawyer can negotiate with the defendant. They will show that they can prove the defendant’s negligence and thus responsibility for the accident under California law. When a plaintiff’s case involves strong evidence of the defendant’s liability and your documentation of your injuries, the defendant may be willing to settle the case instead of taking it through a trial and to a judge or jury. In such a case, the compensation may include both economic and non-economic losses. Contact a Long Beach Premises Liability Lawyer If you sustained an ankle injury in a slip and fall accident, a California premises liability lawyer can help you to get the settlement you deserve. Contact the Beliz Law Firm today.

Slip and Falls

Do I Deserve Compensation for My Slip & Fall Accident?

Jan 10, 2018 | By Michael Beliz | Read Time: 3 minutes

If you slip and fall on an individual’s or business’s property, they may owe compensation for your injuries. However, the case must meet several criteria for a valid slip and fall claim. We all fall down from time to time, and not every accident deserves compensation. Only under certain conditions is the owner of the property responsible for your injuries. Find out if your slip and fall accident may be worth pursuing a personal injury settlement. Does Your Case Meet the Components of a Premises Liability Claim? Slip and fall claims fall under the category of premises liability. Premises liability means the owner of the property is responsible for providing a safe environment for guests. When unsafe conditions lead to an accident, the victim is often entitled to compensation. The victim prove the owner acted negligently, though. There are three essential elements to establishing a negligence claim: The defendant owed a duty of care to the plaintiff. Property owners have a duty to protect the people on their property from hazards in most circumstances. This duty of care does not usually extend to trespassers. The defendant breached his duty through his actions or failure to act. The property owner did not take reasonable steps to prevent the victim’s accident. The defendant’s breach of duty resulted in harm to the plaintiff directly. The victim must have suffered damages. If the defendant acted negligently, but the plaintiff isn’t facing injuries, a valid negligence claim does not exist. What Was the Condition of the Property? To deserve compensation for your slip and fall accident, you must have been subjected to unsafe conditions on the premises where your accident occurred. Examples of unsafe conditions include: spilled or leaking liquids in areas you would not expect wet or slick floors icy parking lots, sidewalks, and entrances potholes or badly broken concrete/asphalt/stairs obstructed paths Was the Owner Aware of the Property’s Condition? We cannot hold property owners responsible if he or she was unaware of the hazard that caused your injuries. The owner must be aware of the unsafe conditions to be liable. This is often the most difficult component of a slip and fall claim to prove. The court may look at how long the hazard was present before the accident occurred to decide if the owner should have known about the unsafe conditions. Did the Owner Attempt to Warn You or Fix the Problem? Property owners should attempt to resolve the problem as soon as possible. When someone cannot fix a hazard immediately, the owner must notify guests of the danger. Failure to display a “wet floor” sign near slick floors could cause an accident worthy of compensation. Are You at Fault for the Accident? Although property owners have a duty of care to their guests, individuals also have a responsibility to avoid injury. If your accident was the result of your own negligent or reckless behavior, you may not be able to seek recovery for your injuries. For example, if you’re injuries result from skateboarding on a visibly icy sidewalk, the court may find you are partially responsible for your injuries. In these cases, the court may reduce your compensation by the percentage to which it determines you are at fault. Reach out to Michael Beliz, Slip and Fall Attorney in Long Beach, California For a free consultation and case review, contact the Beliz Law Firm today. We are eager to assist you throughout each step of your case.

Slip and Falls

Four Examples of Slip and Fall Negligence

Oct 5, 2017 | By Michael Beliz | Read Time: 2 minutes

There are many situations in which you can suffer a slip and fall injury. But they all hinge on one main cause: negligence. Property owners and business owners live busy lives. It’s easy to overlook spilled milk or a cluttered walkway. However, when these types of situations occur, time is of the essence. When you fail to clean up these messes promptly, they become dangers for customers and guests. If someone slips or trips and falls and suffers injuries as a result, the party in charge of maintaining the property is often held liable. Read on to learn about four common types of slip and fall negligence. Wet Floors Wet floors are the most common cause of slip and fall accidents. They tend to occur in stores and restaurants, where water and other liquids can spill and cause puddles. Customers can also make floors wet by bringing in water from the rain or ice outside. Store managers and employees should be aware of these situations. They need to take the proper steps to clean up floors promptly. Further, once an employee has mopped a spill, it’s a good idea to set up “Wet floor” signs. This lets customers know that the floor is potentially wet. They can then take necessary precautions. Damaged Flooring It’s not uncommon for old carpet to get loose from the floorboard and start to pile up. This can cause customers to trip over it and fall. Mats and rugs that are not securely attached to the floor can also come up and cause trips and falls. Stairs are especially notorious for trips and falls. A lack of maintenance can cause floorboards to come loose or even fall, resulting in serious accidents for guests. Property owners need to maintain and inspect floors often. They should make repairs as soon as possible. Ditches, Potholes, and Damaged Sidewalks Sidewalks and parking lots should be free of huge, overt cracks and openings in the ground. They can cause customers to trip and fall. Whoever owns the property—typically the city or store owner—needs to ensure that even the outside areas of the store are free of defects. If they cannot fix the situation immediately, they should post signs, fences and other warning markers to let customers know. Inadequate Lighting Inadequate lighting is a major issue in outdoor areas, such as apartment complexes. Property owners have a responsibility to provide sufficient lighting so that customers can walk safely. A lack of lighting can cause someone to walk in darkness, which can affect vision and lead to trips and falls. Owners should inspect lighting regularly. This will ensure there are no burnt-out light bulbs or other situations that can cause reduced lighting. Get Help for Your Slip and Fall Injury A slip and fall injury is no laughing matter. You could suffer broken bones, torn ligaments, head trauma, brain injuries, paralysis and more. Your injuries could be long-term or life-threatening in nature. They will likely result in expensive medical bills. You may not be able to return to your job. The Long Beach premises liability lawyers at The Beliz Law Firm can assess your case and help you recover the compensation you deserve. Contact us and schedule a consultation by calling (562) 452-3772.

Slip and Falls

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