Cases involving premises responsibility involve injuries sustained on someone else’s property as a result of their negligence. We handle premises liability cases at Law Offices of Fernando D. Vargas to assist clients in optimizing their settlements or jury awards. But we see that there are a few things that frequently catch them off guard. After learning about three of these surprises, call us at 909-982-0707 if you want to ask for a free case review.
Your settlement claim may be impacted by what you did prior to the accident
California is a state that only recognizes comparative blame. This means that the court may lower your compensation if it is determined that you contributed to a portion of the accident. Your payout will be decreased by 10%, for instance, if it is determined that you were 10% at blame for the accident. The news here is both good and bad.
The bad news is that it can lower the amount of your compensation. The good news is that even if you shared some of the blame, your case will not be automatically rejected. You still have the right to file a claim even if you share some of the blame and you could still be eligible for a fair settlement.
Settlements in premises liability cases are not always achievable
It is completely possible that you were hurt while on someone else’s property, but that individual is not accountable for your injuries. Your personal injury lawyer will need to demonstrate that the property owner created a hazardous condition and failed to take the necessary precautions to protect those on the property, that they were aware of the condition and did nothing, or that they ought to have been aware of the risk and taken precautions. It can be difficult to demonstrate someone’s knowledge.
The “reasonable” criteria is applied for this reason. If faced with the identical circumstances, would a reasonable person have recognized a risk? is the question the court poses. Your lawyer must establish all legal elements, but if you choose the proper one, your chances are better than if you tried to handle the case yourself.
How long a victim has to file a slip and fall case has a time limit
Numerous statutes of limitations apply to situations involving slip and falls. The type of your injury, whether you had property damage, and who was at fault will determine which one applies to you. For instance, whereas the majority of cases have a two-year statute of limitations, cases involving the government have a six-month filing deadline.
We firmly advise you to call Law Offices of Fernando D. Vargas at 909-982-0707 for a free legal consultation if you have been hurt on someone else’s property. We will evaluate your situation and offer legal counsel on the best course of action.
