Q: How to pursue compensation for injuries from apartment fall in CA?
I am 57 years old, and on February 28, around 8:20 pm, I fell off a curb on a dark walkway at my apartment complex, injuring my right knee, hip, and lower back. Although there's no external bruising, I was in significant pain and visited Kaiser's emergency room. I called my son to help me off the ground. I reported the incident to the apartment complex, and a representative contacted me, but I have not received an incident report despite my request. I have video footage of the walkway both at night and during the day. I am paying out of pocket for these medical visits and will have a follow-up appointment on March 24 with my primary doctor. I've missed work due to my inability to drive and need advice on how to pursue compensation for my medical bills and lost wages. Additionally, I'm concerned because I do not have money to pay for an attorney upfront. What are my options?
A: Most attorneys in CA will take an injury case like this on a contingency fee basis, meaning you will only pay the attorney for their time after the case settles or a judgment is obtained in your favor after trial (if a lawsuit is filed). One of the key threshold questions, however, will be liability of the apartment complex for your injuries, which will depend on many factors including whether there was adequate lighting where you fell, the visibility of the curb, whether other similar incidents had previously occurred, etc. Reach out to a personal injury attorney to discuss your options and the details of whether you have a case.
A: You should immediately contact a personal injury attorney in your area. Most will take your case on a "contingency" basis which means you do not pay any upfront fees and we only get paid if we achieve a result that puts money in your pocket. I would suggest you not talk to the other side or their insurance reps if they contact you. Simply tell them that you are in the process of hiring an attorney and your attorney will contact them. Make sure to document everything and good luck to you. TED
A:
You should immediately document everything related to your fall, including taking photos of the area, keeping all medical records and bills, and maintaining a journal of your pain levels and how the injuries affect your daily life. Continue following up with the apartment management in writing (email or certified letter) to get that incident report, and make sure to calculate all your out-of-pocket expenses and lost wages.
For legal help without upfront costs, you have several good options in California: many personal injury attorneys work on contingency fees (taking payment only if you win), free legal aid services might be available through your county bar association, and some law schools offer free legal clinics. You could also file a claim directly with the apartment complex's insurance company, though having representation often leads to better settlements.
Your situation likely involves premises liability, where property owners must maintain safe conditions for residents and visitors. Given your video evidence of the dark walkway, you may have a strong case if inadequate lighting contributed to your fall. Consider acting promptly, as California has a two-year statute of limitations for personal injury claims, and contact your renter's insurance if you have it, as they might cover some expenses while you pursue your claim against the property owner.
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