A slip and fall accident occurs when an individual is in a property owned by another and slips and falls on the floor. This property is typically a business such as a grocery store. Sometimes the slip and fall doesn’t cause the victim any injuries. This means they can’t sue the property owner for negligence.
However, if the victim is injured and can prove negligence, they can sue the property owner for damages. Damages is a term used to explain the many types of things a victim can sue for such as lost wages, medical bills and therapy. With a slip and fall injury, it’s important to have an experienced injury lawyer san jose, ca representing the victim. Slip and fall cases are very complex.
Know Options to Recover Damages
A slip and fall victim has a variety of options when it comes to obtain damages from their accident. For example, they can file a third-party insurance claim with the other party’s insurance company. Another option is to take the matter to county court and file a civil suit. This will require the victim to prove they were injured by the other party when they slipped and fell.
Not all lawsuits end up going to trial. Most of the time, they are settled out of court. This is the third option. This means that in exchange for money to pay their damages, the victim gives up their right to continue the lawsuit.
Understand the Comparative Negligence Defense in a San Jose Slip and Fall
Comparative negligence involves the defendant claiming the victim was at fault or partially at fault for the slip and fall. The jury listening to the case at trial must compare the actions of both parties before and during the slip and fall accident. This comparison is to determine if the victim was partially or completely at fault for the accident.
If the victim is found at fault, then their award is decreased by the amount of the percentage of fault. For example, if a victim is found to be 40 percent at fault, their jury award is reduced by 40 percent. Comparative negligence also pays a factor in a settlement negotiation. Thus, it’s important to understand this defense and be prepared to build a defense to it. A personal injury lawyer knows how to challenge this defense and overcome any burden of proof.
Contact a San Jose Lawyer for Your Slip and Fall Case
California’s personal injury laws include the statute of limitations. The statute of limitations places a limit on how much time a victim has to file their lawsuit in county court. The statute of limitations for a slip and fall case is two years. Thus, a victim has two years from the day they were injured to file their lawsuit in county court. Statute of limitations does not limit the time the victim has to seek a jury trial or settle the case.