After a slip and fall accident in San Jose, your two most important priorities should be getting medical attention and calling a slip and fall attorney from our firm.
Everything else, including dealing with insurance companies, documenting your damages, and meeting legal deadlines, can be handled by an experienced San Jose slip and fall lawyer on our team while you focus on recovery.
If you or someone you love has suffered a slip and fall injury on someone else’s property in San Jose, contacting Alexander Law Group LLP is the right next step. We will inform you of everything you need to know (and do) to protect your rights.
Slip and Fall Lawsuits in San Jose: Key Takeaways
- Slip and fall accidents fall under California’s premises liability law, which holds property owners responsible for dangerous conditions they knew about (or should have known about).
- Hiring a slip and fall attorney from our team immediately after the fall may allow you to preserve critical evidence and build a strong case.
- Medical documentation is the foundation of your claim, so seek care immediately and follow through with all recommended treatment.
- California generally allows you two years to file a personal injury lawsuit, but claims against government entities may require action within just six months.
- Insurance companies begin defending claims right away, and you should act urgently to protect your rights.
- You pay no upfront fees when you work with Alexander Law Group LLP, because we only get paid if we win your case. Do not wait to call us.
How California Premises Liability Law Applies to Slip and Falls
Before anything else, it’s worth understanding the legal framework that gives you the right to pursue a claim after a slip and fall in San Jose.
Under California Civil Code Section 1714, property owners have a legal duty to maintain their premises in a reasonably safe condition. When they fail in that duty and cause a victim to be hurt, the law can hold them legally and financially responsible for the victim’s damages. We call such cases “premises liability” cases.
Some dangerous conditions that commonly lead to slip and fall accidents in San Jose include:
- Wet or slippery floors (including in retail stores and restaurants)
- Broken, cracked, or uneven walkways
- Poorly lit stairwells, hallways, parking lots, and parking garages
- Torn, bunched, or damaged carpets
- Debris or obstacles left in walking areas represent a failure of basic property maintenance that owners are obligated to address.
If a property owner knew or should have known about a slipping hazard, yet failed to take reasonable action to address that hazard, you may have a strong case.
Hiring Your San Jose Slip and Fall Accident Lawyer Is the Surest Way to Protect Your Rights
Many slip and fall victims make the mistake of waiting to engage an attorney. Such a delay can irreparably damage your claim.
You can be sure that the property owner’s insurance company is already working against you. From the moment your accident is reported, insurers begin investigating, collecting evidence, and looking for every possible reason to minimize or deny your claim.
They have experienced adjusters and defense attorneys on their side. You deserve the same. A knowledgeable San Jose premises liability lawyer from our team may:
- Investigate the scene and preserve any available evidence
- Obtain surveillance footage of your fall
- Identify all liable parties
- Handle all communication with insurance companies
- Build a comprehensive case that accounts for the full scope of your injuries, financial losses, and suffering
- Fight for maximum compensation on your behalf
These cases can feel overwhelming, especially while you focus on recovery. We will lead your case while you heal. In the meantime, here are a few more pieces of advice that every slip and fall victim in San Jose should follow.
Step 1: Get Medical Care and Keep Getting It
If you have not yet seen a doctor, see one today. This is the most urgent step you can take, both for your health and for your legal claim.
The human body often masks the severity of injuries in the immediate aftermath of a traumatic event. From a legal standpoint, a gap between your accident and your first medical visit gives insurance companies an opening to argue that your injuries were not serious, or that something else caused them.
When you see your doctor or visit an emergency facility, you should:
- Describe exactly how the accident happened.
- Report every symptom you are experiencing, no matter how minor it may seem at the time.
- Follow every treatment recommendation without exception, including specialist referrals and physical therapy appointments.
- Keep all medical records, bills, imaging results, and prescription documentation organized and in a safe place.
- Attend every follow-up appointment, because insurance companies will use gaps in your treatment record to undermine your claim.
Your medical records serve two purposes simultaneously: they document the severity of your injuries, and they connect those injuries directly to the slip and fall that caused them. One of our San Jose slip and fall lawyers will use your medical documentation as the backbone of your compensation claim.
Step 2: Do Not Speak to Insurance Companies Without a Lawyer
After a slip and fall accident, an insurance adjuster representing the property owner will almost certainly contact you. Adjusters are not on your side, no matter how nice they may seem.
Insurance adjusters are trained professionals. They skillfully ask questions designed to elicit responses that insurers can use to reduce or deny your claim. A casual comment like “I didn’t notice the floor was wet” or “I’m feeling a little better” can be taken out of context and used against you.
You are not required to give a recorded statement to any insurance company, and should not do so until you have spoken with us. Once you have legal representation, all communication runs through your lawyer, protecting you from manipulation and preserving your claim.
Step 3: Preserve Your Evidence and Document Your Experience
While your attorney handles the heavy lifting on the legal side, there are important steps you can take to support your case.
Keep the clothing and shoes you wore during the fall and do not wash them. Store them safely, because these items can be important evidence, particularly if the property owner or their insurer tries to argue that your footwear contributed to the incident.
Start a daily journal as soon as possible after the accident. Write down your symptoms, details of your pain (including severity), and how your injuries are affecting your sleep, work, relationships, and your ability to enjoy daily life.
Document every financial impact of your injuries, which might include:
- Tracking all medical expenses
- Recording every day of work you have missed (and every professional opportunity you have had to turn down because of your injuries)
- Saving receipts for transportation costs to and from medical appointments
Be careful on social media, and perhaps even take a break until we have resolved your case. Insurance defense teams routinely monitor the social media profiles of injury claimants. Photos, check-ins, or comments that appear inconsistent with your injuries, even innocent ones taken out of context, can be used to challenge the credibility of your claim.
Be Aware (and Respectful) of California’s Deadlines for Slip and Fall Cases
California law gives most personal injury victims two years from the date of the accident to file a lawsuit, under California Code of Civil Procedure Section 335.1.
However, some cases have shortened deadlines, particularly:
- If your fall occurred on property owned or maintained by the City of San Jose, Santa Clara County, or another public entity, California’s Government Claims Act requires you to file a formal government tort claim within six months of the incident, not two years.
- If the injured person is a minor, different rules may apply that alter both the deadlines and the legal process.
These and other nuanced cases show why contacting a San Jose premises liability attorney as early as possible is so critical. Even if the deadline for your case seems far away, there is no reason to delay the resolution of that case (and, possibly, great risk in waiting to speak with us).
What Compensation May Be Available in Your San Jose Slip and Fall Case?
When a property owner’s negligence causes injury, California law allows victims to seek compensation for damages, including (but not limited to):
- Current medical expenses, which might come from emergency care, hospitalization, surgery, physical therapy, and other urgent forms of care
- Future medical costs, as your injuries may require long-term care or extended rehabilitation
- Lost income for earnings you cannot earn after falling.
- Reduced earning capacity if injuries affect your ability to earn the same amount you did before the fall
- Pain and suffering for the physical pain, emotional anguish, psychological distress, and other non-economic harm caused by the fall
An experienced San Jose slip and fall lawyer from our team will evaluate the full picture of your damages. We aren’t only concerned with the harm you’ve suffered, but also the harm you may suffer along the road to recovery.
Slip and Fall Accident Questions: What San Jose Injury Victims Ask Most
Serving survivors of fatal car accidents remains one of the most important aspects of our job, even though this work presents undeniable challenges. Some of the questions we hear most often from those survivors are:
How long do I have to file a slip and fall lawsuit in San Jose?
In most cases, you have two years from the date of your accident under California’s statute of limitations. However, some cases have shorter filing deadlines.
Even if your deadline is more than a year away, much needs to be done before filing a slip and fall lawsuit. Delay can be devastating for a victim’s pursuit of fair compensation after a fall.
Should I talk to the property owner’s insurance company?
No, you should decline to give any recorded statements or sign any documents until you have spoken with a slip and fall lawyer from our team in San Jose.
What if I am not sure who owns the property where I fell?
This is a question your premises liability attorney from our team will answer. Determining liability for a fall can require a rigorous technical investigation, and that is the kind of work our attorneys and support staff will do for you.
What does it cost to hire a slip and fall attorney in San Jose?
At Alexander Law Group LLP, you pay nothing up front and nothing out of pocket, because we handle slip and fall cases on a contingency fee basis. We only get paid if we win your case.
My injuries seemed minor at first, but I think they can be serious now. Do I still have a case?
You may have a strong case, because many serious slip and fall injuries, including traumatic brain injuries and spinal damage, do not present obvious symptoms right away. That said, you should not wait a moment longer to seek medical attention or speak with our firm.
Contact Alexander Law Group LLP: San Jose Slip and Fall Accident Attorneys Ready to Fight for You
At Alexander Law Group LLP, we stand beside San Jose residents who have suffered an injury because of someone else’s negligence. We take on insurance companies, corporations, and powerful opponents on behalf of real people.
We don’t “handle cases.” We represent people. Our compassion is apparent, and our competence as attorneys instills confidence in our clients.
If you or a loved one has suffered a slip and fall injury anywhere in San Jose or Santa Clara County, we are ready to fight for you.
Call Alexander Law Group LLP for a free, confidential consultation with an experienced San Jose slip and fall accident lawyer. You can also submit your case details online, and we will reach out to you.
We represent clients in English and Spanish. Hablamos español.
