The scenario is far too common– a visit to a public place (such as a grocery store) or someone’s home turns tragic when an unsafe feature of the property causes a fatal injury. The classic example of this area of personal injury law is a slip and fall case. Known as premises liability, these deaths would never have happened had the owner kept their property in a safe condition. For this reason, California law holds the owner of a property legally responsible for the accidents and injuries that occur on their property. If you are dealing with the death of a loved one as a result of an injury of this nature, we are so sorry for your loss. We understand how difficult this time is and are here to help get you deal with every aspect of your legal and financial recovery.
While premises liability cases are most commonly filed against a business owner, the owner of a private property can also be held responsible for the injuries and deaths that occur on their property.
ELEMENTS OF PREMISES LIABILITY WRONGFUL DEATH CASE
Proving that a public or private property owner is at least partially responsible for the death of your loved one is a complicated undertaking that often involves accident reconstruction, witnesses and experts. Here’s a look at the four essential elements of this type of wrongful death case:
- Duty: Establishing a general duty in these cases ranges from very easy (a landlord and building owners duty to a renting tenant) to very difficult (a trespasser on private property). Generally speaking, a business owner has a duty to keep the property they own in a safe condition and to warn tenants and visitors of any potential dangers. Private property owners have a duty to
- Breach: If a property owner knew or should have known about the dangerous condition on their property and did not fix it or provide a sufficient warning, then they likely breached their duty. When looking at this very important element of a premesis liability case, the court will consider things like how obvious the danger was, how long it was in existence for and whether the deceased did anything to contribute to their injuries
- Injury: We handle deaths and serious personal injury cases so the injury is what you are coming to us with. As your attorneys, we will need to connect the injury or death to the incident on the property.
- Damages: Medical bills are just the beginning of the damages you have experienced in these cases. The economic and non-economic damages that can be included in these claims include the loss of companionship, future financial contributions to the family and pain and suffering.
PREMISES LIABILITY AGAINST THE GOVERNMENT
Can you sue the city or other government agency for injuries and death that happened on public property? Yes you can. In fact, these cases are quite common. An uneven sidewalk, a faulty road or a malfunctioning traffic light are all examples of unsafe public conditions that can result in serious injury or death. These cases are very similar to if you were suing any other party as far as proving the elements of your case goes but they can be more complicated and take longer as a result of the many administrative requirements involved. There are often shorter time limits and notice requirements involved so if you are dealing with a death or injury in which a city, state or federal government is responsible please get in touch with us today.
HOW LONG DO I HAVE TO FILE MY CASE?
Unfortunately, the timeline for filing a premises liability wrongful death case does not sync up with your emotional recovery timeline and the law is very strict when it comes to filing a case. In California, you have two years to file a wrongful death lawsuit, absent a few exceptions. Keep in mind that this only means that you need to have the lawsuit filed, not finalized. If you are getting close to this deadlines, do not wait to get in touch with us– all we need are a handful of details from you to make sure you do not miss your chance to recover much needed funds in the wake of the death of a loved one.
When you hire the Walch Law Firm to handle your premises liability case, you can feel confident in your legal team. From your initial consultation and throughout the entirity of your case, we make ourselves completely available to you to answer your questions, provide status updates and deal with any other issues that may come up. We know a legal case is not what you want to be dealing with following a death but we also know how incredibly helpful the funds that come out of a successful case can be. We will work hard to make sure you get what you deserve– fill out our contact us form today and let’s begin working together.
Nine Reasons To Choose Us
When looking for a California wrongful death lawyer, you want a law firm that can get you the money you deserve. At Walch Law, we don't just meet our clients' expectations, we exceed them. We win over 95% of our cases and will work hard to get you the same great results we have gotten for so many of our happy clients. When it comes to handing a California wrongful death case, resolving your case as quickly as possible for as much money as possible is how we approach every case.
Founding partner Gary Walch started this law firm to help people in your very situation. With over forty years of experience, you can feel confident that when you hire Walch Law Firm, you are benefiting from his years of experience. Robert Walch has been with the firm since 2000 and has a track record of success, as does the rest of the highly qualified staff at Walch Law. A family firm with the resources of a big law firm means you get the best of both worlds.
There are lots of law firms that will happily take your business but very few will deliver results and handle your case the way that we do. We understand and respect how difficult this time is for you and our family. When you hire Walch Law Firm you are hiring a family firm that you can trust. We have a stellar reputation within the legal community and among our clients.
DON\'T DELETEContingency Fee
For many individuals and families following a death it is not just an emotional time but a stressful financial time as well—hiring an attorney should help relieve this financial stress which is why you hire us on a contingency fee arrangement. Translation: you don't pay for any fees or costs associated with your case until you get paid. We have the financial resources of a large law firm but the accessible environment of a small firm meaning your case won't get lost in the shuffle.
Whenever you are ready, we are available to talk and this open and available communication model is something that our clients enjoy until their case is closed. We keep you informed and updated on your case every step of the way, always explain what's happening in plain English and ultimately deliver on our promise to get you paid.
DON\'T DELETERecent Victories
Winning over 95% of our cases means that you can feel very confident when you hire us to help with your case. Some of our recent victories include a $5,000,000+ settlement for a car accident, $1,250,000 settlement for a wrongful death pedestrian case and $2,500,000 for injuries related to a subway accident.
First and foremost, you are suffering a major traumatic loss and we understand that. We can help with counseling, medical professionals and other important resources during this time. Your focus should be on dealing with this loss, let us take care of all the legal details.
DON\'T DELETEFamily Firm
There are small firms that might not be able to front the costs of your case and there are big law firms that will easily take your case but lack any type of personal touch (and you might have trouble hearing back from them when you want to) and then there's Walch Law Firm. We can handle any case and pride ourselves on our accessibility to clients. Father-son duo Gary & Robert Walch treat everyone like family and this personal touch is something that our clients as well as our employees constantly e!
DON\'T DELETESe Habla Espanol!
¿Busca un abogado de habla hispana ayudar con su caso de la muerte ilícito de California? No busque más. Somos una firma de abogados de servicio completo de habla hispana que puede ayudarle durante este tiempo difícil tiempo. Llama nos o correo electrónico hoy para su consulta gratuita para aprender más.