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Understanding Your Rights After a Slip and Fall Accident

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If you or your loved one has recently been injured after slipping, tripping, and / or falling on another's property, you may be entitled to financial compensation for the injuries and damages you suffered. At The Law Offices of Caroline J. Nasseri, San Jose personal injury lawyer Caroline Nasseri makes it a point to provide local injured victims and their families with the information, support, and representation they need to navigate their legal journeys. To help you get started in understanding your rights and how you can file a successful slip and fall accident claim, our legal team has compiled the following information.

Slip and Fall Claims Can be Complex
Injured victims should understand that the legal process of filing a slip and fall personal injury claim can be complex. For one, premises liability is a legal area prone to dispute. Secondly, property owners – which may include individuals and corporations – often challenge victims' claims in their attempts to avoid liability or to pay victims as little as possible. For these reasons alone – and because victims should be focused on recovering from their injuries after an accident – it is in your best interests to work with an experienced personal injury lawyer who has successfully handled these types of claims in the past.

Your Claim Needs to Prove Several Legal Elements
In order to recover the compensation you need and deserve, your personal injury claim must prove certain legal elements, including a premises owner's fault and liability. These elements can vary depending on the unique factors involved, including the nature of your injuries and accident. Common slip and fall accidents, for example, may result from:

  • Failures to warn visitors and guests of potential hazards
  • Wet and slippery floors
  • Uneven surfaces
  • Broken stairs or steps
  • Insufficient lighting
  • Failures to address or fix potential hazards

Regardless of the specifics involved in your case, your claim must prove that a premises owner failed to uphold their duty of taking reasonable measures to keep you safe from preventable harm. At The Law Offices of Caroline J. Nasseri, our legal team accomplishes this by listening closely to clients and conducting thorough investigations of the circumstances surrounding their accidents.

Your Claim can be Resolved through Settlement or Verdict
Victims filing a slip and fall claim should also be aware that resolutions can be obtained through settlement negotiations or through trial verdicts. Whether or not your case will go to trial depends on several unique factors, including a premises owner's willingness to fairly compensate you for your injuries. If a property owner disputes your claim or fails to offer a settlement that fairly meets your needs, for instance, then a trial may be your most favorable approach. Our San Jose slip and fall attorney can help you determine all of your available options for compensation.

Ultimately, victims who are injured in preventable slip and fall accidents have the legal right to file a personal injury claim. Compensation, however, is never guaranteed or automatically awarded. As such, it is of the utmost importance that you work with legal representatives who are capable of clearly explaining your situation and fighting for the compensation you rightfully deserve.

If you would like more information about filing a slip and fall accident claim, please request a free case evaluation with a San Jose personal injury attorney from our firm by calling (408) 912-2217.