Premises owners have a duty to keep their properties in a reasonably safe condition for the benefit of visitors. This duty includes cleaning up spills within a reasonable time, promptly repairing floors and staircases, and ensuring an adequate security presence on the premises. When property owners deviate from this standard of care, and an accident occurs, they may be liable for the resulting injuries and other accident-related losses.
If you recently suffered injuries in a California premises accident, you need to have legal help in your case as quickly as possible. The knowledgeable California premises liability attorneys at Galine, Frye, Fitting & Frangos understand the severe injuries and other complications that can result from premises accidents.
Our legal team can aggressively negotiate with insurance company representatives and, if necessary, litigate your case to a fair resolution in the California court system.
For a free case valuation and legal consultation with an experienced California premises liability lawyer, please contact us online to learn more.
- Why Choose Us for Your Legal Needs?
- What Is My California Premises Accident Case Worth?
- Where do California Premises Accidents Happen?
- Types of Premises Accidents
- Common Premises Accident Injuries
- Fighting the Insurance Company in a California Premises Liability Case
- Steps to Take Following a California Premises Accident
- Speak with an Experienced California Premises Accident Lawyer Right Away About Your Legal Matter
- Galine, Frye, Fitting & Frangos, LLP
Why Choose Us for Your Legal Needs?
When it comes to retaining capable legal representation following a premises accident, we know that you have many choices. However, for skilled, compassionate, and caring legal representation in your case, you should look no further than the experienced legal team at Galine, Frye, Fitting & Frangos.
Unlike many California personal injury lawyers and law firms, we are not afraid to take on the insurance company in court and aggressively fight for your legal rights and interests. We also have the litigation and jury trial experience necessary to achieve the best possible result in your case.
We take property-related accidents and injuries seriously, and we assess the full compensation you deserve for your injuries and losses. Even if you believe your injuries are minor, you should consult with our team if you incurred any medical bills or other losses. We can explore options for you to receive financial support for your injuries and hold negligent parties accountable.
Our lawyers believe you deserve justice for what happened. Let us advocate for your legal interests and pursue the highest possible monetary award in your case. We conveniently have offices throughout California, in San Mateo, Hayward, and Santa Barbara.
What Is My California Premises Accident Case Worth?
Victims of premises accidents who can establish their legal burden of proof can recover various types and amounts of monetary damages through settlement compensation or a favorable litigation result (including a favorable binding arbitration award or jury verdict).
First, the injured accident victim must establish that the premises owner owed them a legal duty of care. Ordinarily, premises owners have a legal obligation to keep their premises in a reasonably safe condition for the benefit of property visitors, with the possible exception of trespassers.
Next, the accident victim must show that the property owner violated their duty of care in some way, such as by failing to warn about or repair a known property defect within a reasonable timeframe. The accident victim must also demonstrate that due to this breach, their premises accident occurred, and they suffered one or more physical injuries.
When accident victims can fully establish their legal burden of proof, they can recover monetary damages for their injuries and other accident-related losses. The total value of a premises accident claim or lawsuit will depend upon certain factors, including how the accident happened, the specific type of incident, the injuries the accident victim suffered, the medical treatment they endured, and the total cost of their related medical care.
First, injured accident victims can recover compensation for their related medical costs, including past medical expenses and anticipated medical costs (for instance, if they suffered a permanent injury in their premises accident).
A premises accident victim can also recover lost income if they had to miss time from work to seek ongoing medical treatment and recover from their injuries. If they had to switch to a different job that paid them less, they could assert a claim for loss of earning capacity.
In addition to these economic losses, injured victims of premises accidents can recover compensation for their intangible losses. Those losses may include monetary recovery for their mental distress, loss of spousal companionship, loss of the ability to use an injured body part (such as from paralysis), lost enjoyment of life, inconvenience, past and future pain and suffering, long-term care costs, embarrassment, and humiliation from visible scarring.
Our legal team can anticipate the types and amounts of monetary damages you can recover as part of your premises accident claim or lawsuit. We can also establish realistic expectations for your case and decide between pursuing favorable settlement compensation from the insurance company and litigating your case to a resolution in court.
Where do California Premises Accidents Happen?
Premises accidents on someone else's property may happen indoors and outdoors in California. Some of the most common indoor slip and fall accident locations include restaurants, bars, and grocery stores, where food and liquid spill onto the floor very commonly.
They may also happen in residential homes, especially in kitchens and bathrooms where water frequently spills onto the floor. A premises accident may also occur on a staircase – especially where floorboards or railings are loose.
Outdoor premises accidents may happen on sidewalks, driveways, or in a parking lot or garage.
If you suffered injuries in a premises accident in one of these locations, you are not alone. You need to retain a skilled California premises accident lawyer to represent you in your case as quickly as possible.
Our legal team can immediately begin investigating your accident circumstances and file a claim with the property owner's insurer in a timely and efficient manner.
Common Premises Accident Injuries
When premises owners fail to maintain their premises in a reasonably safe condition to benefit property visitors, severe accidents and injuries may occur. The injuries that a property visitor might suffer will depend mainly upon the type of accident, the body part or parts affected, and the amount of force involved.
Common injuries that premises accident victims may suffer include:
- Eye injuries
- Mouth and teeth injuries
- Spinal cord damage
- Complete and incomplete paralysis injuries
- Soft tissue contusions
- Broken bones
- Rib fractures
- Traumatic brain injuries
- Internal bleeding
- Internal organ damage
- Road rash
Following a premises accident, your top priority should be seeking the medical treatment you need and completing your treatment regimen fully. We can begin advocating for your legal rights by assembling the documents necessary to prove your claim or lawsuit.
Once you complete most of your medical treatment, we can directly engage the insurance company and negotiate favorable settlement compensation on your behalf.
Fighting the Insurance Company in a California Premises Liability Case
Following a premises accident, our legal team will likely be dealing with the insurance company for the responsible property owner. However, dealing with any insurance company is often an uphill battle and can take significant time and effort.
Insurance companies do not have a strong incentive to settle cases in an accident victim's favor. Instead, insurance companies will do everything possible to undervalue a premises liability case. That way, they do not have to empty their coffers to pay monetary damages to injured accident victims.
Our legal team can aggressively advocate for you during settlement negotiations with insurance company representatives. Specifically, we can retain experts who can draft reports and testify in your case to support your right to monetary compensation.
We can also highlight the strengths of your medical records and other documents during negotiations with insurance company representatives. If the insurance company refuses to offer you fair monetary damages, we can threaten the insurance company with litigation in the state court system.
We can help resolve your case efficiently and fairly at a civil jury trial or alternative dispute resolution (ADR) proceeding.
Steps to Take Following a California Premises Accident
Following a premises accident in California, you can take several essential steps to support your personal injury claim or lawsuit. First, you need to continue treating for your injuries until a medical provider formally discharges you from care.
Missing medical appointments or releasing yourself early may signal to insurance company adjusters that your injuries are not severe and that you did not prioritize your medical treatment after your accident. Since this almost always results in a lower settlement offer, you want to treat your injuries continuously until a medical provider formally discharges you in writing.
Next, you must gather and obtain pertinent medical records, medical bills, police reports, and other important documents pertaining to your premises accident case. Once you retain us for legal representation, you should forward us those documents so we can assemble them into a complete settlement demand package.
Finally, you need to retain a California premises liability lawyer as quickly as possible in your case. Our legal team can immediately start advocating on your behalf and putting you in a position to maximize your monetary compensation and damages.
Speak with an Experienced California Premises Accident Lawyer Right Away About Your Legal Matter
Victims of premises accidents in California only have two years, beginning on the date of their premises accident, to file a personal injury claim or lawsuit for monetary damages. If they miss the filing deadline in their case, according to the state statute of limitations, they automatically waive the right to recover any monetary damages for the injuries and other losses they suffered.
As previously discussed, insurance companies will often do whatever they can to not give accident victims the compensation they need and deserve. Insurance companies are frequently large organizations with vast resources. They have teams of adjusters and lawyers working for the company's interests, not yours.
If the case is big enough, the insurance company may go so far as to hire a private investigator to follow accident victims around to ensure they are telling the truth.
You never want to go up against an insurance company by yourself. For the best results, you need a professional on your side.
At Galine, Frye, Fitting & Frangos, our experienced and compassionate lawyers can advocate for you every step of the way to secure the full and fair monetary recovery you need for your injuries.
For a free case evaluation and legal consultation with an experienced California premises liability attorney, please contact us today at (650) 345-8484 for more information.