The law provides that homes, walkways, parking lots, and buildings should be maintained regularly to ensure their safe use and passage. This responsibility is known as premise liability.
If a property owner failed to maintain reasonably safe conditions in and around his property what would you do if you were seriously hurt after a slip and fall accident?
1. Check if you need medical treatment: in every accident, your safety is your highest priority. If you sustained an injury resulting from the accident, see a doctor for immediate medical care. Your doctor will document your injuries. Your medical records will be important when building a case to seek compensation for your injuries.
2. File an accident report: it doesn’t matter if the accident happened on the sidewalk, or in a store, or at a friend’s apartment – you should always report it.
Find a supervisor, manager, or any person of authority and make sure they know what happened. You may ask witnesses for their account of the accident if there are any.
3. Document the incident: with the presence of mind, try to secure statements from witnesses. Collect the pertinent details and information of the persons who saw what happened. If possible, take pictures to show how the accident occurred. Collect possible evidence that you think will be important when you file a lawsuit against the property owner.
4. Call your lawyer: Never give any statements to an insurance company without your lawyer’s approval. Notify your slip and fall injury lawyer about the accident and wait for instructions.
If you sustained injuries resulting from a trip and fall accident, which happened due to an unreasonably hazardous condition on another person’s property, you may need to file a premises liability lawsuit to obtain proper compensation.
In extreme cases, a slip and fall accident may even cause permanent disability. Should you decide to pursue legal action, keep in mind that the establishment or property owner you are fighting will likely hire premise liability lawyers to handle any slip and fall claims.
You may find yourself being questioned about the circumstances of the accident. Your lawyer will guide you on how to handle these issues and, for the most part, will unilaterally deal with the opposing attorney and/or adjustor.
Like other lawsuits, the amount of time it will take to resolve will depend on a lot of factors, including the following:
● Medical treatment: If your injury requires a longer recovery time, this can impact the outcome of your case.
● Disputes with the insurance company: Insurance companies almost always find reasons to delay paying you the compensation that you are owed. Your lawyer’s negotiation abilities will be valuable in trying to shorten this timeframe.
● Pre-existing injuries: Having pre-existing injuries may complicate attempts to prove the other party’s liability for the injuries you sustained.
Litigation: If the insurance company rejects your initial good faith attempts to resolve your slip and fall injury claim, you may have to file a lawsuit against the property owner. That is a time-consuming process that will delay the resolution of your injury claim.
Depending on the above factors, it may take months or even several years to resolve your slip & fall claim.
Visit Deakle-Johnson Law or contact us for more information.