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How Our Santa Ana Premise Liability Attorney Can Help

Property owners have a duty to keep their premises, the property that they own, a safe environment for guests that visit. Guests include customers going to businesses like stores and shopping malls, attendees at sporting events and other venues, and even visitors to the personal property of another. When a visitor to a property is injured because the property owner failed to maintain a safe environment, they can be liable for damages from any injuries due to an accident that was otherwise preventable on their premises. 

If you or a loved one has been injured on the property of another, you may have a premises liability injury case, and a Santa Ana premise liability attorney from the Law Offices of Benjamin Arsenian can help ensure that you collect the compensation you deserve. 

Slip-and-Falls are Common Sources of Premises Liability Cases 

The CDC notes that the number of injuries and deaths associated with falls are on the rise. The importance of property owners taking steps to keep the property safe for customers and visitors alike is essential to prevent falls. When you go to a live event or a shopping center, you do so under the presumption that the premises will be safe for you and your loved ones to enjoy it as it is meant to be enjoyed. When the property owner fails in this, your Santa Ana premises liability injury lawyer can help you build your claim. 

Older Persons are at Greater Risk of Serious Injuries from Slip-and-Falls 

Falls are a substantial threat to older adults that can result in a reduction in their ability to maintain their independence. The following facts are particularly concerning related to the costs associated with falls: 

  • One out of five falls results in serious injury such as a head injury or broken bones 
  • There are over 800,000 hospitalizations each year due to fall injuries, generally due to hip fracture or head injury 
  • Approximately 95 percent of hip fractures are from falling, often due to falling sideways 
  • In 2015 alone, medical costs for falls in the United States were greater than $50 billion, with 75 percent of those costs having been covered through Medicare and Medicaid. 

Falls are the leading cause of injury death for persons aged 65 or older. In 2020 alone there were some 36,000 deaths caused by falls among adults aged 65 or older. During that same year, the CDC reports that there were 3 million visits to the emergency room due to older adult falls. Whatever the age of the individual, a fall injury due to the negligence of a property owner can lead to a claim or case for damages. 

Types of Injuries Caused by Slip-and-Falls 

Falls can lead to superficial injuries such as broken bones, as well as internal injuries such as damaged organs or even a brain injury. The present medical bills and lost wages linked to your slip-and-fall premises liability injury are covered in your damages, as well as long-term costs. The long-term costs linked to your injuries will be calculated with the assistance of your Santa Ana premise liability attorney with the help of our network of medical and occupational experts. 

Some of the most common injuries connected with falls as reported by the CDC include: 

  • Broken bones, including the wrist, arm, ankle, and also hip fractures
  • Head injuries, which can be more severe when a person is on particular medications like blood thinners 

Head injuries can damage the brain, which in turn can forever impact the way in which you are able to function in both personal and professional life. 

Traumatic Brain Injury (TBI)

Injuries that impact your brain can have a long-term and life-altering impact and can result in substantial medical costs and lost earnings. A traumatic brain injury, or TBI, can permanently impact the way that your brain functions, and happens when you experience the following:

  • A bump, blow, or jolt to your head 
  • A penetrating injury to your head, including from gunshots to the head

According to the Centers for Disease Control and Prevention (CDC), the most common causes of traumatic brain injuries, or TBIs, are falls, fire-arm-related injuries, motor vehicle crashes, or assaults. In fact, falls account for almost half of all TBI-related injuries that result in hospitalization. 

If you hit your head in a fall, it is essential to seek immediate medical attention to determine if you have a brain injury. Brain injuries are internal, and require professional assessment to determine their extent and implications for your health and brain function. Brain injuries can lead to permanent disability that changes the way in which you live your life, and how you are able to work to support yourself and your family. 

A Santa Ana Premise Liability Attorney Builds and Negotiates Your Claim

While it would be ideal if you automatically received the full amount in damages that you are entitled to following your injuries, that is not the case. Instead, first, another party’s negligence has been proven to be the cause of your injuries, you’ll need to gather evidence to accurately measure the present and future costs associated with your fall injuries. This evidence in turn will be drafted into your claim that is filed with the insurance party of the responsible party. 

Working with an attorney is beneficial for your premises liability case as while you are able to focus on recovering from your injuries, your Santa Ana premise liability attorney will: 

  • Gather evidence from opposing parties to determine liability in the accident 
  • Help you schedule follow-up appointments with medical and occupational experts to measure the short- and long-term damages linked to your injuries
  • Draft and file your claim with the insurance company of the responsible party
  • Negotiate a fair settlement with the insurance company that fully covers your damages to support your family now and into the future 
  • If the insurance company will not settle, we’ll file a case on your behalf and bring them to court 
  • If your claim has already been denied, we can help you file an appeal, or move forward into a court case, whichever is best for your unique situation 

Whether or not the insurance company offers a fair settlement depends upon the strength of the evidence of your claim. Insurance companies make more when they pay you less, or deny your claim altogether. You can only collect on damages that you can prove with evidence, and you might not know where to begin to measure the full costs linked to your premises liability injury. 

Reach Out to an Attorney Before Settling with the Insurance Company 

The time to reach out to a Santa Ana premise liability attorney is as soon as you can after receiving emergency medical treatment after the accident. The insurance company may be quick to contact you with a low settlement that fails to cover your complete damage. While these might seem attractive at first glance, they often fail to provide full compensation for your damages, leaving you and your family to make up the difference. 

Full damages for your premises liability injury include: 

  • Short-term medical costs like emergency room visits, surgeries, and medications
  • Long-term medical costs including treatments, rehabilitation, medications, and mental health services linked to your injuries 
  • Lost wages in the short term and lost earnings potential in the long term as a result of your injuries 

Working with an experienced Santa Ana premises liability injury attorney from the Law Offices of Benjamin Arsenian provides you with legal expertise and support throughout the full process of your claim, so that you can focus on recovering from your injuries. 

Your Initial Consultation is Free with Your Santa Ana Premise Liability Attorney 

One of the first concerns our potential new clients often bring up is whether or not they can afford our services or even the initial consultation. Your initial consultation is risk-free and cost-free, during which we’ll take the time to review the unique facts and circumstances of your premises injury, the cause, and how it will impact your life moving forward. Having as much information as possible ready about your accident and any medical bills and proof of lost earnings will add value to your consultation. 

If we determine that we are able to help with your claim, we only get paid if we win, and you pay nothing out of pocket, ever. This is because we take premises liability and other personal injury cases on contingency. Our payment comes out of a portion of the winnings we generate, an amount we’ll agree upon before getting started. We will answer any and all questions you might have, then step in on your behalf to negotiate with the insurance company and achieve the best possible settlement in your claim. 

Connect with a Santa Ana Premise Liability Attorney from the Law Offices of Benjamin Arsenian 

To learn how we can help, give us a call at 714-400-2000, or contact us to schedule your initial consultation.