Most people never give a thought to parking lot draining systems, but these structures are an absolute necessity for preventing floods and surface erosion. There systems are legally required, as excessive water collection due to weather conditions can cause extensive damage to the surface of the parking lot. It’s also an important safety measure to prevent fall-related accidents, since puddles and ice forming from accumulated water are the leading causes of parking lot accidents. But what if a water draining ditch is defective, improperly installed, or not managed by the property owner? In that case, it’s only a matter of time before someone has a slip and fall or rip and fall accident.
Have you been injured at a parking lot due to a hazardous condition involving a water drainage ditch? If so, please take some time to learn about your rights and legal options from one of our attorneys. Whether you’ve been injured at a private home or private property, apartment complex, office building, store, shopping center, restaurant, or government-owned property, we can help you if you were harmed due to another party’s negligence. Call us right away for a free case review if you are the victim of a slip and fall or trip and fall caused by water drainage ditch in a parking lot.
Who can I Sue for my Accident?
As a general rule, it’s the property owner that’s liable for an accident on their premises. This is true even if the owner is not directly responsible for the accident, meaning an employee or someone acting on their behalf caused or failed to take care of a dangerous situation. However, you will need to prove that the cause of your accident was something that could have been prevented through reasonable measures by the homeowner, business, apartment complex, etc.
For example, parking lot water draining ditches are usually comprised of trenches that are dug into the ground. They are covered by a grate that can be made from various materials. If these covers are improperly installed or fall off due to lack of maintenance, there is a hole in the ground that someone can easily fall into. Even if the grates are in place, they may not work properly due to sediment buildup in the trenches. Without consistent water drainage, puddles and ice can form over various areas of the parking lot, which is a leading cause of outdoor slip and fall accidents. People can even slip or trip on the grates themselves if they freeze over or there is a gap between the grate and the surrounding concrete.
In conclusion, there are many ways that someone can be injured from a parking lot drainage ditch. The key is to prove whether the owner knew about, or should have known about the hazard that caused your injuries. This is the most critical element in a personal injury lawsuit, but there are many others factors that you will need to prove in order to win your case.
There’s no denying the challenges that lie ahead of you, but our lawyers are here to tackle these issues and bring you justice through a slip and fall or trip and fall accident lawsuit.
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Injuries from a Slip and Fall or Trip and Fall Accident
When a defective parking lot draining ditch causes you to slip or trip, the impact to your body can lead to one or more of the following injuries:
- Hip fracture
- Wrist and hand fracture, sprain, or strain
- Tearing of the muscles, tendons, and ligaments (soft tissue injuries)
- Concussion
- Traumatic brain injuries (TBI)
- Infections from puncture wounds or deep cuts
- Dislocated jaw / dental damage
- Whiplash
- Spinal cord damage
- Internal organ damage – bruising, puncturing or rupturing
- Broken nose and other facial bones
- Knee injuries – ACL / MCL tear, fractured kneecap
- Nerve damage
- Permanent scarring
- Chronic pain
- Paralysis
After a public accident, the natural inclination is to go home and try to forget about incident. But this is one of the worst things you can do, as there may be injuries that are not obvious right away. To avoid long term complications, please see a doctor as soon as possible. It’s also worth noting that medical records are necessary as evidence for an injury claim. If you don’t seek medical attention immediately, the insurance company will use this to dispute the severity of your injuries, or that you were even injured at all from your accident.
Along with medical treatment, contact our office as soon as you can for guidance on your rights and legal options. Our lawyers are here for you 24/7, so don’t hesitate to give us a call.
Compensation from a Fall Accident Lawsuit
Once you’ve established your right to sue the property owner, you will want to know about the damages you can receive. Possible damages in a slip and fall or tip and fall accident claim include:
- Medical expenses
- Lost income / lost earning capacity
- Pain and suffering
- Mental anguish
- Property damage
- Attorney’s fees
- Punitive damages
It’s in your best interest to consult an experienced fall accident injury attorney and verify the damages that apply to your situation. That way, you can make sure to include every form of compensation you deserve for the level of harm you’ve suffered.
Average Value of a Slip and Fall / Trip and Fall Settlement
The value of a fall injury settlement is determined by numerous factors, including the damages you’re entitled to, the severity of your injuries, and the nature of the defendant’s actions that led to your accident. These elements will be different for each victim, which is why case values can range anywhere from $15,000 to over $2.5 million.
On average, these claims are worth around $250,000 to $750,000 if the incident took place on a commercial property, but these are just estimates at the end of the day. What your lawsuit is worth is a topic you’ll need to discuss with one of our attorneys. It’s essential to get this right, especially for non-economic damages like pain and suffering, which is based on the level of your own pain and emotional trauma. A slip and fall accident lawyer at our office will help you calculate a fair amount of damages and fight to bring you maximum payment for your injuries.
How long is the Process to Settle my Case?
It’s always our number one priority to recover your damages as quickly as possible. Ideally, that time period is around 6 to 8 months, but some cases take longer for a number of reasons that are beyond our control. Depending on the number of complications that arise, settling a slip and fall or trip and fall accident case can take up to 18 months, especially when severe, lifelong injuries are involved. If there is continual resistance by the defendant, meaning they are unwilling to make a fair settlement offer, a lawsuit may be the only option. Once you are at the lawsuit stage, one or more years may be needed to settle your case.
Free Second Opinion
If you have a lawyer already, you may have concerns about your case that you’d like to discuss with another attorney. This is perfectly natural, especially if you’re worried about the way your case is being handled. Our law firm is happy to assist you with a free second opinion, where you can have your case reviewed by one of our personal injury attorneys. This is your chance to ask all those questions that have been nagging you and receive expert advice on the legal options that are available to you. Our consultations won’t cost you a penny, so there’s no harm in contacting us for a free second opinion.
How much Time do I have to Pursue an Injury Claim?
The California court system allows you a limited amount of time to bring a legal action against a party that has wronged you. For a slip and fall or trip and fall accident, the statute of limitations is two years from the date you were injured, or from the date of discovering an injury from your accident. Exceptions can be granted in limited circumstances, but most claimants will not meet the standard to qualify for an extension. To ensure that you can pursue a lawsuit and receive the damages you deserve, contact us right away to initiate a fall accident injury claim.
Zero Fee Guarantee for Accident Victims
The attorneys of Normandie Law Firm have decades of experience with premises liability lawsuits involving all types of properties throughout California. We know how devastating a fall accident injury can be for your health, as well as your finances. That’s why we protect our clients with the Zero fee guarantee, which is available to you from the very first consultation. With this policy, you pay nothing for our services, no matter how much work is necessary to recover your payment. By winning your case, we receive our expenses directly from the party you are suing. If we don’t win, you are not responsible for any legal fees under the Zero fee guarantee.
It’s really that simple, so please take a moment to contact us and schedule a free case review. We look forward to fighting for you and the compensation you deserve.
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Parking Lot Slip and Fall Accident Injury Lawyer
