Jamil Estorninos is currently jumbling work and law school. He is now only 5 units away from his law degree but 1.5 million miles away from his dream – to become the next John Grisham. He writes while waiting to become a force to reckon with in the legal world.
Trip and fall is an accident that if pursued legally would fall under personal injury cases under the rather broad concept of torts law.
In this accident, the victim suffers damages, mostly in the form of bodily injuries. The injuries are sustained after tripping and falling, hence the name trip and fall.
Under the law, the injured individual may go after the property owner, manager or operator of a place where the accident took place upon showing of the latter’s negligence. This remedy is readily available and may be pursued with the help of trip and fall lawyers.
For trip and fall accidents that took place in Los Angeles, an LA trip and fall lawyer can help you determine and prove one of the many factors, which can establish the negligence of owner, manager, or operator of the premises.
This is needed to pursue and win your case before any insurance company or court, which has the power to award you damages and compensation.
Trip and fall cases are proved not with mathematical precision. Each case may vary depending on the surrounding circumstances of the accident.
But, generally, the primary question that should be answered is: Is the property owner, manager or operator ensure the safety of his premises? If he/she did not, up to what extent has he been negligent to cause the accident?
If he/she himself created the dangerous condition of the property, he/she will also be held liable under the law. If he/she already knows the dangerous condition of the property yet did not do anything to make necessary repairs or implement immediate action, he/she can equally be held liable to compensate the injured party.
For purposes of evidence, it is best to take pictures of the injury or damage as well as the item, devise or portion of the property which caused the injury or damage like wet floors, surroundings etc.
The names and contact numbers of people who witnessed the accident must also be recorded.
Copies of findings and all reports with regard to the accidents must also be obtained. The same may include medical certificate of the physician who attended the victim after sustaining injury.
However, similarly taken into consideration is whether the injured party contributed by his own fault to the accident or not. This is crucial especially in the computation of damages. Because of the contributory negligence of the victim, the amount of damages that may be awarded to him may be reduced.
It is strongly recommended to consult with a trip and fall lawyers in Los Angeles following a trip and fall accident, after seeking immediate medical attention.
A legal action of this sort involves technicalities which a layman may not have the necessary familiarity. A trip and fall lawyer will make sure that the victim’s rights for compensation under the law are invoked and won.
Remember though that not all cases of trip and fall may be compensated under the law. Accidents that happened in your own driveway, backyard or home will not entitle you to recovery.
Still, there are cases when the person responsible is unclear or cannot be determined. So it is important to be always careful, lest you trip and fall at your fault.
Our experienced Los Angeles attorneys expertly handle cases on slip and fall injury. Visit our website and take advantage of our free case evaluation service.
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