A funeral is never an occasion we look forward to, and there’s no denying that arranging a burial or cremation is difficult to think about when you are dealing with the loss of a loved one. Thankfully, funeral homes are there to take this burden off of loved ones and ensure that the deceased is honored according to the family’s wishes.
Whether you have an elaborate ceremony or a simple memorial with relatives and friends, funeral homes have indoor and outdoor spaces where people can gather and feel united in their grief. Those at a funeral undoubtedly have many thoughts on their minds, but getting hurt in an accident is probably not one of them. However, lack of cleaning, maintenance, and safety standards may result in an accident, like slip and falls in the bathroom.
Did you fall down in a bathroom in a funeral home due to a dangerous condition, like water on the floor? If so, you may have the right to file an injury claim and demand compensation from the owner of the funeral home. Our slip and fall lawyers look forward to educating you on your rights and helping you determine the best course of action as the victim of another party’s negligence. Please contact our office for a free consultation with an accident at a funeral home injury attorney.
Who is Responsible for My Accident?
Ultimately, liability is the most crucial aspect in any personal injury claim, meaning we have to determine who is legally responsible for your accident. If you’ve fallen down in a public bathroom, liability typically falls on the property owner, i.e., the owner of the funeral home. Under California’s premises liability law, owners have a duty of care to the people on their property, which includes keeping them safe from hazardous conditions. That doesn’t mean that an owner is responsible for every accident on their property. However, they are generally responsible if there were reasonable measures that could have been taken to prevent the incident.
So, how does the principle of premises liability apply to a slip and fall accident in a funeral home bathroom? First, it’s clear that bathrooms are a place where large quantities of water, soap, and other slippery substances are used. That’s why the floors and other surfaces in a funeral home bathroom must be cleaned on a regular basis. Repairs are essential as well, or signs to keep people away from dangerous areas until they are thoroughly repaired. Otherwise, people using the bathroom may slip and fall down from:
- Leaking sinks, toilets, and other plumbing issues
- Soap and cleaning fluids that make the floor slippery
- Failure to place No Wet Floor signs around spills and after mopping the floor
- Spills and moisture right outside or around the bathroom (around drinking fountains, for example)
- Poorly designed or missing handrails in bathroom stalls for the disabled
- Poor lighting, which makes it difficult to notice hazards, like puddles of water
Resolving these and many other issues that can result in a fall-related injury is required of business owners under California law. If the funeral home’s negligence led to you falling down in a bathroom, you have the right to file a claim for monetary compensation.
Do I Need to Get a California Lawyer if I Live Out of State?
Funerals are a time for family and friends to gather and comfort each other, and some of the people attending the event are coming from faraway locations. If you were injured at a funeral home but you live in another state, you may be wondering if you are required to find a slip and fall attorney in California.
You are not legally required to hire an attorney in the state where you had your accident. However, it’s beneficial to have a lawyer that’s in the same area of the funeral home, as it will be easier for them to investigate the incident. This will make it easier for them to gather evidence, according to the guidelines set by the California court system. The same principle applies to court-related paperwork that must be filed within a certain period of time; a lawyer in the same state will have the best control over this situation.
These are just some of the reasons we can give you when it comes to the question of whether one should hire a California funeral home slip and fall attorney. For a free consultation on your rights and legal options, contact us today.
Estimated Value of a Slip and Fall Injury Claim
Compensation from an accident claim is meant to provide you with a variety of monetary damages, such as:
- Current and future medical expenses
- Wages and other sources of income lost during the recovery period
- Future lost wages if you are unable to return to work
- Dolor y sufrimiento
- Angustia emocional
- Daños materiales
- Cost of hiring a lawyer
- Daños punitivos
Each claimant is owed a specific amount of payment based on their level of harm and suffering. In short, there is no universal case value that applies to slip and fall lawsuits in general. The majority of claims at our law firm are settled for around $75,000 to $2,500,000, which is largely based on the severity of your injuries. As for your own case value, that’s a topic we are happy to discuss with you during a free case review.
How Much Time Do I have to File a Slip and Fall Lawsuit?
A lawsuit for a slip and fall injury must be filed within 2 years in the state of California. The courts are very strict about the statute of limitations for a civil lawsuit, so you must file a claim against the funeral home within 2 years of the accident date. Even with an iron-clad case, you will most likely lose the right to monetary compensation fi you are past the deadline to take legal action against the funeral home. Please don’t delay in giving us a call and starting the legal process on a funeral home slip and fall accident injury claim.
How Long Do these Cases Take from Start to Finish?
As we’ve stated with case values, there is no definitive answer we can provide on how long it will take to reach a settlement in a fall accident injury case. At best, we would say that the process usually takes 6 to 12 months when the defendant is a business owner. This is due to a variety of factors, including how long it takes to hear back from the insurance company, and the number of offers and counteroffers before a settlement is achieved. Keep in mind that settlement offers must be made in writing, and each side has a right to discuss and evaluate the pros and cons of each offer before they respond.
We want to stress that most accident claims are settled out of court, and going to trial is highly unlikely. But, if that’s the best way to bring you justice as a slip and fall injury victim, we are more than prepared to try your case before a judge and jury. If your case is taken to court, it can take up to several years to recover the payment you deserve.