Sacramento Accident & Injury Attorneys

Frequently Asked Questions

What is premises liability?

Premises liability is an area of law that establishes guidelines pertaining to a property owner’s or occupier’s duties regarding the protection of entrants from dangerous conditions or defects on the property.  Premises liability cases are typically brought under a negligence theory. Cases that fall under this theory are such cases as slip and falls, retail store injury, amusement park injury, dog bites, and other types of claims where a dangerous or hazardous condition on the premises of another existed, resulting in an injury to visitor or guest.  A claim for damages may be brought against the property owner, the lessee, or both.  In order to prove negligence, an injured party must be able to establish that the property owner or lessee had a duty to conform to a specific standard of conduct, that he or she breached that duty, and that the breach was the actual and proximate cause which resulted in the injury. 

What is a “slip and fall” case?

This type of case results when injury occurs to someone who slips, trips, or falls as a result of a hazardous or dangerous condition on someone else’s property.  It includes falls that occurred as a result of water, oil or other liquid being on the floor or some other item that caused a person to fall and injure him- or herself.  In addition, abrupt changes to flooring, ripped or torn carpeting, poor lighting, or a hidden hazard (i.e., hard-to-see hole in the ground) which causes injury to a third party is generally classified as a slip and fall case. 

What is a dangerous condition?

Although a dangerous condition might be hidden, if it is one that the owner should have known about (through the efforts of due care), then he or she may be held liable for any injuries that the dangerous condition may cause.  For instance, if the property owner had no knowledge of the dangerous condition but should have been made aware of it through routine maintenance and premise, then the owner is responsible.  If the property owner was aware of the dangerous condition, then it is his or her responsibility to ensure that others are protected from harm by removing the danger or excluding individuals from going into the area where the known danger is.  (i.e., putting up a fence, gate, wall, or other barrier, or posting signs.  A property owner is responsible for dangerous and hazardous conditions that he or she knows about or should have known about but failed to correct and/or failed to have proper warnings of the dangerous condition. 

What types of damages are recoverable for injury as a result of a dangerous condition? 

• Past and future medical bills that are incurred as a result of the injury
• Past and future income lost as a result of the injury
• The fair value of any damaged property or clothing as a result of the incident
• In some instances, general compensation for pain and suffering

What should I do if I am injured on someone else’s property?

When you are injured on someone else’s property, be sure to get the names and contact information of any potential witnesses who saw you injure yourself or who may have knowledge of the dangerous or hazardous condition.  If possible, take pictures of where the incident occurred, any potential evidence, and your injuries.  

If you are injured on a business owner’s property, often the store manager will create an incident report and request that you sign such report.  Be careful to read what you sign.  If you are unsure or feel uncomfortable, advise the store manager that you do not want to sign because you want to ensure that you are not waiving any of your rights.  In addition, be sure to get a copy of the incident report.  Furthermore, make a mental note and write it down later if you hear anything about the same type of incident occurring to someone else before.  

Following your obtaining the above information, seek medical attention for your injuries.  It is important that you seek medical attention immediately in order to ensure that you are not severely injured (even if you feel okay) and to ensure proper documentation of your injuries.  In many instances, after we fall or are injured as a result of an accident, we feel fine.  However, often the very next day or a few days later, we have trouble walking and/or are in severe pain.  Lastly, contact a highly-skilled Sacramento premises liability attorney as soon as possible.  It is important that you do not miss certain timelines (i.e., Statue of Limitations) that enable you to file a claim against the property owner. 

I was in an automobile accident. Who pays my medical bills?

Initially, your own automobile insurance will pay your medical bills under your Personal Injury Protection (PIP) coverage.  If you are not at fault for the accident, then the at-fault party is ultimately responsible.  If you have health insurance, then most likely your medical bills will automatically be paid by your health insurance carrier.  However, again, the at-fault party is still responsible for reimbursing the insurance carrier and paying any of your out-of-pocket expenses, including prescriptions and co-pays. 

Who is liable for the damages and repairs to my vehicle?

Assuming that you are not at fault for the accident, then the at-fault party’s insurance carrier is the one who pays for the damages and repairs to your vehicle so long as there is sufficient insurance coverage.  The at-fault party’s insurance carrier may provide you with the option to have the repairs performed at a body shop of your choice and it will either pay the shop directly or give you a check based on the estimated amount of damage or require that the repairs be made at a specific shop.  In any event, it is important to know that once you have accepted payment for the estimated damages, any additional costs that arise will be your own responsibility.  Thus, be sure to get a few different estimates to ensure that are fully aware of the damages and repairs required.  In the event your vehicle is declared a total loss, the insurance carrier is required to pay you the fair market value for your vehicle at the time of loss. 

If the at-fault party does not have adequate insurance coverage or any coverage at all, then you will need to have your own insurance carrier pay for the damage and repairs to your vehicle.  You will be responsible for any applicable deductibles.  Your insurance carrier then may also file a claim against the at-fault party for reimbursement.  

Should I seek medical treatment immediately after a car accident?

Yes.   Too many individuals who find themselves involved in car accidents fail to seek medical attention right away because they don’t think they are severely injured.  It is important that you realize that the severity of the injury or injuries you may have suffered may not be apparent right away.  

Sometimes it takes a day or several days before pain sets in and you realize how injured you really are.  Oftentimes, the pain from back and neck injuries (such as herniated disks and carpel tunnel syndrome) will not be felt until several days later.  In any event, it is important that you go to your local emergency room for an evaluation.  In addition, your failure to have a record of any potential injuries that you may have sustained may affect any potential recovery that you may receive should you choose to file a claim.  Some insurance adjusters will refuse to pay on claims when there was a delay in receiving medical treatment or when the treatment occurs sporadically.

Who may be held liable in truck accident cases?

Anyone or any entity that is found at fault for causing the truck accident can be held liable.  This includes the truck driver, the trucking company, the owner of the trailer that was being hauled, and the company who was shipping the merchandise.  In addition, any other party or entity who in any way may have contributed in some manner to the accident may also be held liable, including the manufacturers of any of the vehicles that were involved in the accident and whose negligence may have contributed to the accident.

What is medical malpractice?

Medical malpractice is negligence by a professional healthcare provider such as a doctor, dentist, therapist, nurse, and/or hospital whose treatment of a patient is less than the professional standard of care and who has caused harm to said patient as a result of negligence or total disregard.

What is the Statute of Limitations in a medical malpractice case?

It is important to realize that a medical malpractice claim must be filed within a certain period of time which is known as the Statue of Limitations.  In California, there are different deadlines depending upon the type of claim that will apply.  The time from when exactly this period of time begins and ends is sometimes difficult to establish. Therefore, it is crucial that you contact a knowledgeable Sacramento medical malpractice attorney as soon as possible who can fully assess your case.

Generally speaking, however, medical malpractice claims for adults fall under a one-year statute of limitations that begins from the point the adult injured party either knew or reasonably should have known that he or she had suffered an injury as a result of medical negligence.  However, there are a few exceptions wherein the statute of limitations may be extended up to three years from the time of injury. Medical malpractice claims for children have different statute of limitation periods.

Who can file a claim if I die as a result of medical malpractice?

If you die as a result of medical negligence, your estate and survivors may be able to file a wrongful death suit.  Nonetheless, there are circumstances when other people who are financially dependent upon the deceased may also file a claim. A knowledgeable Sacramento medical malpractice attorney will need to review the case in order to make such a determination.

Are there any other special provisions regarding medical malpractice claims?

Yes.  California has enacted a law known as the medical Injury Compensation Reform Act (MICRA) that applies specifically to medical malpractice claims. Under MICRA, the law provides various protections to healthcare providers, and this makes medical malpractice claims sometimes quite complex.  Thus, it is important that you retain the legal services of an experienced Sacramento medical malpractice attorney who is well-versed in MICRA. 

If I’m injured while working on a construction site, who is liable?

You do have a worker’s compensation claim.  While our worker’s compensation laws prohibit you from filing a suit against your employer directly, you may, however, be able to file a suit against the owner of the site and the general contractor even if they are not directly responsible for causing your injury.

Who is responsible for ensuring that a construction site is safe?

The property owner, safety inspectors (in some instances), the general contractor and subcontractors are all responsible for ensuring that a construction site is safe for its workers.  The extent of each party’s responsibility with regard to a construction site worker’s injury is dependent upon each individual case.  A knowledgeable Sacramento personal injury attorney will be able to make such a determination for you.

How long does it take before a settlement can be reached?

All premises liability and personal injury cases are unique unto themselves.  Depending on all of the complexities involved, it can take anywhere from a matter of just a few months up to a few years. 

What are punitive damages?

In addition to compensation for injuries, victims of premises liability and personal injury cases may be able to obtain punitive damages if the defendant’s conduct was deemed to be particularly unconscionable, reckless, or willful and wanton.

Why should I pick your Sacramento Premises Liability and Personal Injury Law Firm?

The answer is, quite simply, because our Sacramento premises liability attorneys and personal injury attorneys are recognized as leaders in their field who consistently obtain favorable results for their clients.  We have built a successful reputation for providing unsurpassed legal representation and for aggressively pursing justice on behalf of our clients.  We offer all potential clients a free initial case evaluation and charge on a contingency-fee-basis, which means that if you aren’t compensated, neither are we.

Should you have any other questions regarding a premises liability case or personal injury case that occurred in Sacramento, please feel free to contact us today!

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