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About Our Santa Ana Slip and Fall Attorney Team

Property owners have a duty to keep the premises, the area of their property that is open to authorized visitors, free of hazards. If you or a loved one has experienced a serious injury as a result of an accident or incident on an unsafe property, you could be entitled to compensation to cover the damages associated with your injuries. Determining what you are entitled to, and how much, can be difficult to determine. Where do you get started? Who do you file with? What information must you include for your claim to be approved?

These are the kind of questions that you won’t have to worry about with a Santa Ana premises liability attorney from the Law Offices of Benjamin Arsenian by your side helping on your claim. 

Trust Your Premises Liability Case With Us

In California, both residential and commercial property owners are responsible for providing reasonably safe conditions for welcoming visitors to their property. When this responsibility isn’t met, and a visitor is hurt, the victim may have grounds to seek compensation from the owner. This can be done with what is known as a premises liability suit, commonly referred to as a “slip and fall” claim.

Serious injuries can happen when an individual experiences a fall at a business or home and can be a result of a: 

  • Trip and fall – these happen when an obstruction like an improperly protected wire or break in concrete is not properly guarded against or repaired 
  • Slip and fall – these accidents can happen due to a spill, ice, snow, or other property characteristic that causes a fall on the same level 
  • A dangerous condition on the premises – dangerous conditions that cause falls should be addressed by a property owner before they become a problem 
  • An injury that is caused by someone or something on the property

If you or a loved one have been hurt in a slip-and-fall accident on someone else’s property, our firm is ready to help you explore your legal options. At the Law Offices of Benjamin Arsenian, our Santa Ana slip and fall lawyer is well-versed in California’s premises liability laws and what can be done to hold irresponsible owners accountable for avoidable injuries that occur on their property.

Do not proceed with your claim without first exploring your legal options. Call our offices at 714-400-2000 today to get started.

Understanding Premises Liability Claims

Premises liability matters center around a legal concept known as “duty of care.” Essentially, duty of care is the legal responsibility property owners owe to welcome guests to provide a reasonably safe environment and to respond to dangerous conditions in a reasonable window of time. When this does not happen and someone is hurt, the property owner becomes liable for damages.

Premises liability claimants must prove that:

  • They were owed duty of care from the property owner in question.
  • Dangerous conditions were present at the property.
  • The property owner failed to respond to/remedy the dangerous conditions.
  • The conditions directly contributed to the claimant’s injury.

To be eligible to file a claim for the damages linked to your injuries, the evidence needs to prove that each of the above elements is present. Understanding how to apply the legal concept of “negligence” that is how premises liability is determined can be difficult without legal education. While you are not expected to be an attorney to collect what you are entitled to when you are injured, having one on your side will substantially improve your experience and the outcome of your claim. 

Types of Slip and Falls 

As noted by the Centers for Disease Control and Prevention (CDC), the number of injuries and deaths linked to fall injuries is on the rise. The seriousness of falls and the related injuries have led to the CDC launching a fall prevention campaign in recognition of the following facts: 

  • There are about 800,000 hospitalizations each year as a result of fall injuries, many of them head injuries or hip fractures 
  • About 95 percent of hip fractures result from falls, often due to a sideways fall
  • 1 out of every 5 falls leads to a serious injury, including a head injury or broken bones
  • During 2015 the medical costs linked to falls in the US were over $50 billion, with some 75 percent of those having been covered by Medicare and Medicaid 

The costs of falls each year are substantial for both the country and for the individuals who experience the associated injuries. When you have an injury that is life-altering and long-term, the resulting damages can likewise be significant and can only be recovered if they prove them with evidence then successfully negotiate a settlement or win a case to recover them. 

The Most Common Injuries from Slip and Falls As Explained by a Santa Ana Slip and Fall Attorney 

As reported by data gathered by the CDC, falls can cause serious injuries and even death. The purpose of pursuing a claim or case for your fall-related damages is to seek economic compensation for the medical costs linked to your injuries as well as any lost wages and other earnings potential that might have been affected. 

The most common injuries that result from a fall include:

  • Broken bones and fractures – these can lead to short- or long-term disability and require pain medication, surgeries, rehabilitation, and other related costs
  • Head injuries – as we’ll discuss below, head injuries can lead to brain injuries, which can forever change the way in which your brain functions 
  • Internal injuries such as damaged organs 

The very real potential to experience severe injuries from a fall highlights the importance of seeking out immediate medical attention after a fall. Determining what your internal injuries are can be impossible without expert assessment. After an accident of any kind it is important to seek out immediate medical attention to assess your condition, as the excitement and adrenaline linked to an accident can lead to injuries being overlooked or not noticed as early as possible. 

This is something your Santa Ana slip and fall lawyer from the Law Offices of Benjamin Arsenian can be of particular value, as we have a network of medical and occupational experts. We’ll help you schedule appointments with these experts so that the present and future medical costs and occupational costs linked to your slip-and-fall injury will be fully incorporated into your claim.

Falls are the Leading Cause of Traumatic Brain Injury 

When it comes to brain injuries, almost half of all brain injuries are caused by falls amongst older adults. Falls are one of the most serious risk-factors for long-term injury and disability among adults aged 65 and older. The CDC The National Institute of Neurological Disorders and Stroke (NINDS) explains that a traumatic brain injury is caused by:

  • A forceful bump, blow, or jolt to the head or body
  • A foreign object piercing the skull and entering the brain 

While not all blows or jolts to the head result in a TBI, when damage does occur it can impact every facet of your life. A TBI can lead to permanent changes in your brain chemistry and ability to function. This can include a shift in personality, level of irritability, ability to concentrate, and ability to perform under pressure. 

A traumatic brain injury can result in: 

  • Temporary and short-term problems with normal brain function that could become long-term or permanent 
  • These problems with normal brain function can impact how you think and understand 
  • Changes in your ability to communicate 
  • Changes in your behavior 
  • Permanent disability 
  • Death 

Injuries that change the way in which you are able to live your life and to work can result in huge costs to you and your family now and into the future. When your brain injury was caused by the negligence of another party, whether in a slip and fall or other accident, you could be entitled to compensation. Working with an experienced Santa Ana personal injury lawyer to assist you through the process of recovering damages provides you with support every step of the way. 

What Damages Can I Collect for My Slip and Fall Injury? 

The purpose of filing a personal injury claim or lawsuit is to cover all costs and damages linked to the injuries that resulted from the accident. If your slip and fall caused a brain injury that has resulted in permanent disability, your damages will be as follows: 

  • Medical costs
  • Occupational costs
  • In some instances, damages for pain and suffering, punitive damages, or wrongful death 

You’ll need proof from occupational experts to demonstrate the impact of your injuries on your present and future health, and earnings ability. 

Medical costs

The present and future medical costs linked to your injuries should be fully included within the context of your settlement, which covers emergency treatment after the accident, surgeries, rehabilitation, medications, mental health services, and any other related medical treatments linked to your slip and fall injuries.

Occupational costs 

The wages that you miss out on in the short-term after your Santa Ana slip and fall injury are recoverable within your claim, in addition to any changes that the symptoms of your injuries have on your ability to work and support yourself and your family. For example, if you develop a disability that makes you unable to continue with your career, and your earnings ability has been reduced by 50 percent, you are entitled to damages that cover the difference in your earnings potential from the time of the accident through the remainder of your working life. 

Pain and Suffering and Punitive Damages 

In some instances, damages may be awarded for the pain and suffering linked to an accident or injury. Punitive damages are in some instances available, like when a particular behavior is being actively discouraged through the availability of punitive damages. Determining what sources of compensation might be available in your unique case requires a careful assessment of the unique facts and circumstances of your slip-and-fall accident. 

Wrongful Death

If the injuries caused by a slip and fall or other accident caused by the negligence of another party resulted in the loss of a loved one, you could have a wrongful death claim. The purpose of a wrongful death claim is to replace the loss in economic value and contribution to your household of your loved one. This includes coverages for any medical bills linked to the accident, as well as lost earnings from the time of the accident through the remainder of your loved one’s prospective working life. 

Who Can File a Slip & Fall Claim?

Notice above that we mention “welcome” visitors to a property. This is because property owners are not responsible for the safety of all types of visitors. Generally speaking, victims who are welcome to a property with the owner’s knowledge are eligible to file premises liability suits. This includes customers, patrons, concert-goers, and various other kinds of expected and welcome visitors to commercial spaces.

Trespassers, however, are not eligible to file these claims. If a child is hurt (whether they were trespassing or not), you should speak with an attorney about your family’s legal options going forward. Whatever the circumstances of your slip and fall injury may be, our firm is ready to help you assess the next steps forward.

Connect with a Santa Ana Slip and Fall Attorney Today

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