In general, plaintiffs (persons injured and addressing recourse from an at-fault party) can ask for both or either of two types of damages. Compensatory damages deal with losses to person or property and may include missed-vacation time, pain and suffering (which is often estimated), property broken or lost, wages missed due to injuries sustained, future losses of wage income, and medical expenses. So-called punitive damages -- which are not awarded in most California premise liability cases -- are designed to punish a property owner who acts with the intent to cause injury - something that is very unusual in this type of case. Punitive damages are not designed to compensate the California injury victim, but to punish the wrongdoer.
Do You Need a Lawyer to Bring a Claim for Your San Diego California Slip and Fall Accident?
According to California law, claimants can file for damages on their own. However, both statistics and common sense suggest that you’ll have a far better shot at recovering fair compensation with a lawyer involved to help you with your legal case. Typically, attorneys take personal injury cases, such as California premises liability accident claims, on a contingency basis. In other words, you don't pay legal fees for services unless and until you receive compensation through a settlement or successful outcome at trial. This allows injured and cash-pressed claimants to pursue legal action when necessary. Were it not for contingency fees, the injured and innocent victims of someone else’s neglect could rarely afford to pursue their just claim. That said, different lawyers have different payment schemes, and it's important to understand all your rights and obligations before retaining legal counsel.
What Are Some Legal Factors Involved In Determining Whether an San Diego Premises Liability Claim May Be Actionable?
A large amount of variables may be involved. Whether or not you were careless or negligent in your activities, for instance, may have bearing on your claim. For instance, if you were running in an area where you should have been walking, trespassing, ignoring posted signs, going to a dangerous area without wearing proper protection, or taking undue risks that a normally prudent and careful person of average intelligence would not take, your claim may not even exist, or will have greatly diminished value. Conversely, the more overtly negligent a property owner has been, the greater your chances of securing a settlement or fair verdict if the case proceeds to trial. For instance, if the property owner failed to post signs around cracks in the pavement or fix a broken guard rail that was a known hazard, this evidence strengthens the liability claim.
Mark C. Blane is a San Diego Slip and Fall Attorney, and the managing lawyer of the Law Offices of Mark C. Blane, a San Diego, California Premise Liability Law Firm devoted to representing families of injured persons of automobile accidents. If you or someone you love, has been injured or killed in San Diego County, or Southern California, due to the negligence of another, please order your FREE copy of Mr. Blane's book, The 10 Secrets You Need To Know About Your Injury Case, BEFORE You Call A Lawyer. It is full of helpful information, insights, and secrets that will help you protect your legal rights. It normally sells for $16.95; however, it is free to all California residents, or those injured in a California accident.