Orange County Premises Liability Lawyer

Our attorneys have been assisting the Orange County and Southern California communities for over 40 years.

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Orange County Premises Liability Lawyer

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If you were the victim of dangerous and negligent conditions on the property of another or of a government agency, we can help you. Our firm will ensure you are receiving the full and timely medical treatment that you deserve under California law and we will not charge you for our services until and unless we win your premises liability case. At the core of premises, law is the right of all people to not be the victim of negligent land, building or property conditions. Since 1979, the Orange County premises liability attorneys of DiMarco | Araujo | Montevideo have fought for injury victims so that their rights would be protected.

Choosing the Right Attorney Is Critical

You only get one chance to present your case and protect your rights. You deserve the best team that can get you back on your feet and be whole again. It is because of this that we believe it is so important for you to find hard-working premises liability lawyers for your case who have the experience, winning track record, ethics, and knowledge to maximize the compensation you may receive upon a settlement or positive trial verdict.

Our firm is unique in that we approach each client and their case like they were a part of our own family. This philosophy is proven in that we will come to you to discuss your case and we even make weekend and night appointments. Don’t put your case, your life, and your future into the hands of lawyers who have not proven that they can win work injury cases. We want justice for you and your family and look forward to helping you.

How to File a Premises Lawsuit Claim

It is important for you to be fully educated and for you to know the merits of your case being filing any premises liability claims. We offer free consultations, even to those who are looking to proceed with a premises case on their own. We will discuss the many complexes, crucial and costly steps needed to properly prepare and present your case.

Our firm, though, will be here to handle your case at any time as we can take all of the stress, hassle, and paperwork of a trial off of your hands. You will be getting top-notch service. In addition, you will benefit from being represented by lawyers who have been conducting premises liability cases for over thirty years who have a complete team of staff and fellow attorneys to back them up. Call us any time at (714) 783-2205 to discuss your case and schedule your free initial consultation with a skilled Orange County personal injury lawyer. We are available to meet you at your home or hospital room if you cannot come to us and we are willing to meet on the weekends and in the evening by appointment.

What Counts as Premises Liability?

Premises liability cases involve injuries caused by negligent property owners, landowners, maintenance crew, management companies, or occupants and can often be slip and fall accidents (though they can be a whole range of other types of injuries). These types of accidents happen on public or private property. Heavy equipment and tool-related accidents on public or private property fall under premises liability as well.

Owners have a responsibility to keep their property free from dangerous conditions at all times. Some examples of these conditions are uneven sidewalks, missing railings, uneven steps on a staircase, wet floors, spills, tears in rugs or carpets, unmarked steps, unmarked emergency exits, holes, or divots. If you were recently injured due to one of the listed reasons or injured due to something similar, reach out to an Orange County premises liability lawyer for help immediately.

The Law Protects Everyone, Not Just Those Who Were Invited on the Premises

California used to state that premises liability only counted when the injured person was invited onto the property. That has changed ever since the 1960s when California and other states broadly opened this definition to include those who were not invited. This includes customers, trespassers, and even burglars and criminals.

Why Choose Our Law Firm?

Premises liability cases can be complicated and difficult to navigate. We promise to maximize your compensation under the law. The Orange County premises liability lawyers at our firm have extensive legal experience in handling cases such as these and understand your current situation. We will walk you through the complicated and sometimes daunting tasks that are involved in cases.

We also have decades of experience dealing with insurance companies. After suffering an injury on someone else’s property, the at-fault party’s insurance company will likely contact you and ask for a recorded statement. Do NOT give them a recorded statement until you contact an experienced premises liability attorney. Our legal team knows the tricks that insurance companies attempt to perform on injury victims, giving us a distinct advantage when representing your premises liability claims.

orange county premises liability lawyer

Common Premises Liability Injuries

The attorneys at DiMarco | Araujo | Montevideo have a successful track record of winning premises liability cases. We understand that if someone’s property is not responsibly and dutifully maintained, serious injuries can and will occur. Some of the most common serious and catastrophic injuries are:

During our 30+ years of helping people recover from an injury on someone else’s property, we have seen every type of injury that is the fault of a land or business owner. This includes incidents such as:

  • Retail shop injuries; many of these are caused by the shops not cleaning up or blocking off a spill as quickly as they are legally supposed to or a product falling due to a shelf or product stand collapse
  • Dog bites
  • Pool accidents
  • Uneven sidewalk or pavement
  • Staircase falls; this can be from unsteady staircases, broken stairs, or ones where the stairs are not uniform height or depth
  • Elevator and escalator injuries
  • Amusement park injuries
  • Construction site accidents
  • Inadequate security

Government Liability

Every entity of the government has a duty to provide its citizens with safe places to walk, run, work, drive and be. This includes cities, counties, the State of California, CalTrans, and all other government agencies. They should be fixing sidewalks that are uneven due to tree roots, clearing roadways of fallen power lines and trees, sweeping or mopping up spills, keeping their buildings up to code and safe and generally doing all they can to prevent slips, trips, and falls. Our Orange County government liability lawyers are very experienced with taking on the government and our track record proves that we have been very successful during those cases.

What Kinds of Damages Can I Recover?

Premises liability victims in Orange County are often able to recover various types of compensation for their losses. Our premises liability lawyers have a track record of success in securing both economic and non-economic compensation for our clients.

  • Economic damages. This refers to the types of damages that are relatively easy to calculate by gathering medical bills, receipts, and proof of lost wages. Typically, this will include compensation for:
    • All medical bills the victim incurs
    • Lost income if the victim cannot work
    • Any out-of-pocket expenses caused by the incident
  • Non-economic damages. This refers to the types of damages that are a bit harder to calculate after a person sustains an injury. This includes what is commonly referred to as “pain and suffering” losses, such as:
    • Physical pain and suffering
    • Mental and emotional anguish
    • Scarring and disfigurement
    • Loss of personal enjoyment damages
    • Loss of consortium for a spouse

Calculating the total economic and non-economic damages can be challenging. Whereas economic damages have medical bills and receipts that can be used to obtain a total, non-economic damages are not as easily calculable. Often, an attorney will use a “multiplier method” to properly calculate pain and suffering damages. This means that they will add up all of the economic damages and then multiply that number by a number ranging from 1.5 to 5. When they get the non-economic compensation amount, they will add that to the economic compensation amount to reach the total that the injury victim should receive.

What Is the Average Settlement in a Premises Liability Case?

The total amount of compensation that a premises liability injury victim receives will vary depending on the circumstances related to each particular situation. The total settlement will depend heavily on how severe the victim’s injuries are. Typically, the more severe the injury, the higher the settlement will be. Additionally, an attorney will look at things like lost income and the level of pain and suffering when working to determine how much money their client should receive.

How Is Fault Determined in a Premises Liability Accident?

Determining fault in a premises liability case can be challenging. Typically, insurance carriers or a jury will need to see evidence before they decide to award compensation to an injury victim. There are various types of evidence that can be used to determine fault in these cases, including:

  • Photographs were taken at the scene of the incident that shows any hazards or causes of the accident.
  • Surveillance from video cameras that may have seen the incident.
  • Statements from eyewitnesses to the premises liability incident.
  • Safety records of the property owner.

Additionally, it may be necessary for an attorney to hire an accident reconstruction expert who can use the evidence already gathered combined with their expertise of how accidents occur to show insurance carriers or a jury what happened and how it happened.

We also need to point out that California operates under a “pure comparative negligence” system. This means that more than one party could share fault for the incident. However, an injury victim in a premises liability case can still recover compensation even if they are partially responsible for the incident. The total amount of compensation they receive will be reduced based on their percentage of fault.

Will the Case Settle or Go to Trial?

When a case begins, the quickest route towards recovering compensation is usually a settlement with an insurance carrier involved. This could be the homeowner’s insurance carrier, a commercial property insurance carrier, or some other type of insurance claim. However, it is important to make sure that any settlement put forth by the insurance carrier is fair and that it covers all expenses you experience as a result of the incident. All too often, insurance carriers refuse to offer a fair settlement or deny the claim altogether.

In the event the claim is denied, or if the insurance carrier does not offer a fair settlement, it may be necessary to file a civil personal injury lawsuit in court. This moves the case into the court system and begins the discovery process. The discovery process is when both sides exchange evidence and information with one another, and attorneys for both parties will have a chance to ask questions of witnesses during depositions. This process can take some time, but negotiations will often continue throughout.

Taking a case to trial may be the only way to ensure that you receive fair compensation for your claim, but you need to work with your attorney to determine the best path forward for your situation.

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How Long Do You Have to File a Claim?

It is vital for premises liability victims in Orange County to know the timeframes associated with filing their claims. First, if there are any insurance carriers involved, please understand that they will have their own internal reporting deadlines that you need to abide by to ensure the claim is not delayed or denied altogether. Insurance carriers in these situations could include a homeowner’s insurance carrier, a commercial property owner’s insurance carrier, or a government entity.

The overall personal injury statute of limitations for Orange County and the rest of California is two years from the date the incident occurs. If a premises liability victim does not file a lawsuit in civil court within this two-year time frame, they forfeit the ability to recover compensation for their losses.

For a premises liability claim against a government entity, please be advised that the limitation is cut to six months for filing a claim.

It is crucial to work with a skilled premises liability attorney who has experience handling these claims and filing cases on time and properly. Your attorney will navigate the complexities of insurance claims, the negotiation process, and filing the case in civil court if necessary.

How Much Does a Premises Liability Attorney Cost?

The good news is that paying for a premises liability attorney does not have to cost you anything upfront or out-of-pocket. Our team handles Orange County premises liability claims on a contingency fee basis. This means that our clients will pay no legal fees until we recover the compensation they are entitled to. In fact, if we do not win the case, our clients pay nothing. That is our guarantee, and we think that this arrangement allows anybody, regardless of their current financial circumstance, to hold at-fault parties accountable.

Contact Our Orange County Premises Liability Lawyer

Our Orange County work injury attorneys at DiMarco | Araujo | Montevideo is available to meet at our Orange County office, your home, or hospital room Monday – Friday 8:30 am to 5:30 pm. Our attorneys and staff are also available all other times, including evenings, Saturday and Sunday, by appointment. Let our team help you and your family during this difficult time. Contact us online and schedule your free consultation.

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