Getting injured on somebody’s property can be a stressful and even debilitating experience. Unfortunately, even with the law on your side, you can still lose out on compensation if you can’t prove your case.
Here is what a premises liability lawyer would advise you to do to increase your chances of getting fair compensation.
Assessing Your Immediate Safety
Check yourself for any injuries that need medical attention. This includes checking for bruises, cuts, and pain in specific areas of your body such as the back or neck. If you’re not sure if an injury needs medical attention right away, see a doctor anyway just in case – and keep documentation.
Gathering Evidence:
Once you have assessed your safety, the next step is gathering evidence.
Documentation could be instrumental in winning compensation for any claims regarding the injuries sustained on someone else’s property.
Start by taking photos of the area where the accident took place, including any objects involved in the incident. These images may provide substantial evidence about what caused the injury.
Reporting The Incident:
It would help if you immediately reported any accidents that occurred due to hazardous conditions on another person’s property. Contacting a supervisor or owner allows them time to investigate and fix whatever led up to dangerous circumstances resulting in physical harm occurring.
Seek Medical Treatment
Injuries that may seem minor initially can lead up to extensive rehabilitation periods and long-term complications if left untreated. Medical professional opinion is crucial, especially after an unfortunate event like being hurt unnecessarily, so seeking medical care should be done immediately.
Identifying Witnesses
If possible try getting witnesses’ statements. Also, gather personal information like names birthdates, phone numbers, residential addresses, and email addresses.
Deal with Insurance
The next step is dealing with insurance. If the owner of the property has homeowner’s or liability insurance, then their insurance policy will likely cover any damages resulting from the accident. Also, provide all relevant details including any documentation of medical expenses incurred.
When dealing with insurers, please don’t commit common mistakes like giving recorded statements without legal counsel or signing documents waiving claim rights until a full recovery determination has been conducted.
Negotiating a Settlement
It may be necessary for you or an attorney representing you to negotiate a settlement with the person responsible for your injuries in order to avoid lengthy court battles. A settlement can help ensure that both parties come out of this situation as fairly compensated as possible without being delayed by court waiting times
Filing a lawsuit
The first step is to contact legal assistance such as a personal injury attorney who specializes in premises liability cases. They will provide information on what your rights are as an injured visitor and guide you through the legal process ahead.
An experienced attorney can also help document the incident – while also reminding you of critical deadlines for filing a lawsuit or making claims against any insurance policies. This is because lawsuits should always be filed before statutes of limitations expire so that they aren’t dismissed due to delays in bringing them forward.
It’s advisable to consult with an experienced personal injury lawyer about possible financial recovery options before filing a lawsuit. This is because cases differ, something that makes it necessary for one to evaluate the potential causes of action and then weigh them against the particulars of a case.
The lawyer will be in a better position to determine how best to seek compensation for losses such as medical expenses, lost wages if unable to work, pain and suffering, impairment recovery costs associated with long-term treatment, rehabilitation, etc.
Damages You Can Recover After You Are Injured on Someone Else’s Property
The injuries you sustain due to an accident on someone else’s property can result in extreme financial burdens. As a result, the law provides several legal options that are designed to ease this financial burden.
Here are examples of damages you can recover.
1. Medical Expenses
Accidents resulting from falling objects, wet floors, or other hazards could lead to injuries such as:
- broken bones
- sprained ankles
- head
- spine injuries
These injuries require extensive medical attention.
Medical expenses incurred due to treatment for the injury such as ambulance charges, medication costs, doctor’s fees, and diagnostic test bills must be kept track of because they are recoverable.
2. Lost Income
An accident that results in an injury might mean that victims need time off work to recuperate or get medical attention. Consequently, the accident may cause a loss of income earning capacity. An experienced personal injury attorney can help determine how much compensation is necessary for lost wages and future earning potential based on job skills and qualifications.
3. Pain and Suffering
Pain and suffering is considered non-economic (or subjective) damages related to the anguish one suffers physically and emotionally due to injury sustained from the premises owner’s negligence. The victim deserves compensation right away if he/she ever experiences depression, anxiety attacks, or chronic stress issues.
4. Property Damage
If any valuable items are damaged during the accident like sunglasses or watches, the victim is also entitled to compensation.
5. Punitive Damages
In some cases where gross negligence by the property occupier arises, the court can award punitive damages.
Punitive damages are different from other types of damages because they are not based on what the victim has lost. Instead, they focus on the occupier or owner’s actions. And so if the victim can prove that the owner or occupier was grossly negligent, they can successfully convince the court to award them punitive damages.
Importance of hiring a lawyer
Hiring a lawyer after getting injured on someone else’s property is important because of the following reasons.
1. Understanding Your Legal Rights
A qualified personal injury attorney will know the laws regarding premises liability, which apply when an individual suffers an injury while on someone else’s property. They will explain your legal rights and determine if you are eligible to file a claim against the owner or occupier of the property.
2. Negotiating with Insurance Companies
Insurers representing property owners may offer less compensation than what victims truly deserve. A seasoned personal injury attorney has experience dealing with insurance companies in negotiating claims and securing fair settlement amounts for their clients.
3. Gathering Evidence
To establish liability in such cases, evidence must be collected from various sources. A proficient personal injury attorney knows how to collect important evidence like witness statements and video footage from surveillance cameras that could help prove fault and build a successful case.
4. Explaining Your Damages
Apart from fighting for reasonable compensation, an experienced premises liability lawyer helps make sure all damages caused by the accident will be accounted for during negotiations or trial proceedings. This includes damages such as medical expenses, lost wages, pain and suffering, loss of earning capacity, and future rehabilitation costs.
5. Providing Peace of Mind Gratefully
Most importantly, having a knowledgeable personal injury attorney by your side provides peace of mind: knowing that they will diligently fight on behalf of their client’s best interests enables the injured client to focus on recovery without worrying about handling legal matters alone.
In conclusion, if you’re unfortunate enough to injure yourself while visiting another person’s property, or business premises, make sure that you take appropriate action by contacting a premises liability lawyer immediately.
