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.
Michael A. Beliz, Esq., established The Beliz Law Firm in the spring of 2011. Michael has been a practicing attorney since 2006 and worked for two of the most prominent plaintiff’s personal injury law firms in Southern California. He has worked on and handled hundreds of cases as an attorney in all types of personal injury cases, including vehicle accidents, pedestrian accidents and dog bites, and successfully recovered millions of dollars for his clients.
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