If you are a victim of a slip and fall in California, you might have a strong enough case to receive monetary damages that help you recover from the financial losses generated by the personal injury incident.
California slip and falls happen for a wide variety of reasons, from the failure to clean up a spill to a bunched-up mat causing a slip and trip. The key to getting the compensation you deserve involves submitting physical evidence, but you might not receive 100 percent of the monetary damages owed to you because of California’s comparative negligence standard for awarding compensation.
Slip and Fall Negligence
To reach a settlement or receive a favorable legal judgment for a slip and fall case, you have to demonstrate that the other party committed one or more acts of negligence. For example, if you slipped and fell at a convenience store because management failed to fix a defective beverage dispenser, you might qualify for monetary damages because the store failed to repair the faulty machine.
However, California operates on the comparative negligence principle, which can reduce the value of the award for monetary damages.
Comparative negligence represents a legal principle that assigns a percentage of fault to each of the parties involved in a personal injury incident. This type of calculating the value of compensation requires determining how much of the blame you should assume for causing your slip and fall injuries.
Using the slip and fall example at the convenience store, although the store should assume a majority of the blame for causing you harm, you might have to accept a percentage of the blame as well. If a judge hearing your case awards you $50,000 and assigns 20 percent of the blame to you, then your net compensation falls to $40,000.
What Damages Can I Get for a Slip and Fall in California?
You have three types of monetary damages for a slip and fall case in California. Economic damages pay for tangible costs, such as the value of medical bills and the repairs required for property damages. You also have the right to request compensation to cover the value of lost wages.
Non-economic damages do not come with a price tag, which includes the monetary value associated with loss of consortium, as well as pain and suffering. A judge awards punitive damage to penalize a defendant for committing one or more acts of negligence.
What is the Statute of Limitations on a Slip and Fall in California?
In California, you have two years from the date of a slip and fall to file a civil lawsuit that seeks monetary damages. The state has established a separate deadline for filing a claim that seeks compensation for property damage at three years.
Although the deadline for filing a civil lawsuit gives you plenty of time to seek monetary damages, you should act with a sense of urgency by filing a slip and fall civil lawsuit as soon as possible after the personal injury incident.
Get Help with Your California Slip and Fall
Proving negligence for a slip and fall case requires meeting four legal standards that include demonstrating the personal injury incident resulted in financial losses.
However, because California operates under the comparative doctrine principle, you might not receive the full value of monetary damages. Schedule a free case evaluation with a personal injury attorney to build the strongest case for a slip and fall claim.