Personal Injury LawyerSan Jose, CA
Personal Injury LawyerSan Jose, CA
Español 866-517-1874

Were You Hurt in a Slip and Fall?

Get an experienced attorney to help you get back up

Your injury may have happened in a moment, but the consequences of losing your health can last a lifetime. A slip and fall is serious business, and you need help to get back up, not gaslighting from an insurance company. Unfortunately, the message that you’ll get after a slip and fall can be just as painful as the fall itself. “Oh, you’re just faking.” “Why didn’t you look where you were walking?” “It’s no big deal, just shake it off.”

Regardless of people’s misconceptions, the law states that if you fall due to dangerous conditions on someone else’s premises, you have recourse. We can help you exercise those rights. The Swanson Law Group has the experience and resources to take on the insurance company and fight for the compensation you deserve.

What to do if you slip and fall

  1. Report the incident to the property owner or someone responsible for the premises. Make sure you get a copy of any incident reports or other documents – but don’t sign anything until you talk to your lawyer.
  2. Gather evidence, including photos of the scene and any visible injuries. If you slipped on something, save the object. Put your shoes in a sealed plastic bag so they can later be tested for evidence. Get contact information for any witnesses, as well.
  3. Get medical attention as soon as possible, even if you feel fine. You may have a brain injury or internal injury with delayed symptoms. Seeing a doctor right away protects your health and documents your injuries.
  4. Talk to an attorney right away, before you speak with an insurance company or any other interested party. We can launch our own investigation and handle negotiations while you concentrate on healing.

We fight for fall victims to be taken seriously

You might think of slip and falls as minor accidents – until you’re badly hurt in one. Falls are serious business: they’re the leading cause of traumatic brain injury nationwide, to say nothing of other significant injuries like broken bones, internal injuries, and injuries requiring surgery (such as MCL or ACL tears). Medical treatment is only the beginning of the story when you have a significant injury. Your health is a foundational part of your life, and losing it has ripple effects.

Depending on the extent of your injury and the nature of your job, you may be out of work for some time, or even need to change careers entirely due to a permanent injury. Outside the workplace, an injury sustained in a fall can affect your ability to care for your kids or take care of chores at home. Pain and other lingering symptoms may affect your quality of life and relationships with your loved ones. Those are all real losses, and you deserve to be made whole again.

Pursuing slip and fall cases serves a second purpose, too: it forces accountability and makes our community safer. There’s a reason you see “wet floor” signs in grocery stores whenever something spills. In the fight for you to be taken seriously, we both advocate for accountability for the people who caused your injury, and for better safety standards so that others will not suffer as you have.

Our law firm will hold the responsible party accountable

Slip and fall cases fall under the legal category of premises liability, which defines the responsibility of property owners for the safety of people on the premises. In general, to win a slip and fall case, you must prove that your fall was due to a dangerous condition (such as a spill) on the premises and that the property owner or manager was legally responsible for that condition, according to one of the three following standards:

  • The property owner or manager created the hazardous condition;
  • The property owner or manager was aware of the hazardous condition but did not address it; or
  • The property owner or manager should have been aware of the hazardous condition (usually because it had existed for a while) but failed to address it.

To prove the elements that we need to prove, we gather all available evidence, including talking to witnesses and reviewing photos and physical evidence from the scene. We can intervene to preserve security camera footage, if available, to help us understand what happened. If necessary, we’ll retain expert witnesses who can speak to what would have been required to keep the premises safe and how the property owner failed to meet those standards.

Our policy is to prepare every case for trial, and we conduct our investigation with an eye to telling a jury what happened, why, and what they can do about it. When the insurance company sees that we’re prepared to take them to trial, knowing our reputation and track record of results, they usually come to the table ready to offer a fair settlement. We’re only interested in full value for your injuries, though, and if they won’t make that offer, we are always ready to take them to court.

Slip and fall attorneys committed to helping you rebuild your life

A slip and fall claim is more than a legal case; it’s about your entire life. We are sensitive to how stressful and exhausting this process can be, especially if you know the property owner. At each stage in the process, we will make sure you know what to expect and are fully prepared for what’s coming next. We are your advocates outside the courtroom as well, recommending excellent doctors, disability specialists, and other professionals who can help you make the most of a bad situation.

We handle slip and fall cases on a contingency fee basis, which means you don’t pay us a cent unless and until we win your case. There is no hourly fee and no out-of-pocket cost; we advance all the costs necessary to move your case forward. If we win, our fee is a percentage of the money we recover for you, so you still don’t pay us anything out of pocket. No recovery means no fee. It’s that simple.

The key is to contact us right away, before evidence disappears and witnesses forget what they saw. You have legal rights, and an experienced slip and fall attorney at our law firm can protect them. Schedule your free consultation with the Swanson Law Group today.

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