December 10, 2020
There are thousands of premises liability claims filed each year and that is for a good reason. About one in every five injury cases end up being in court due to someone being injured on a property, and the argument here would be whether or not that person was injured to the negligence of the property’s owner. No one chooses to be involved in such accidents, but they are unavoidable, especially when an establishment’s owner does not apply enough safety rules. Because accidents can be fatal, you must file a claim for compensation to make up for all the medical bills and lost wages that affected your finances.
Here are some tips on how you can do this.
Get Proper Medical Care
The necessity of medical care right after the accident cannot be emphasized enough in any type of personal injury case. Aside from the obvious fact that you need to restore your health, medical care can be quite advantageous to your claim. Focusing on how you can get compensated for your injuries without getting treated will be problematic for you down the line, as you might be too injured or hurt to further make any legal processes, or you won’t have sufficient evidence to support your case. Your medical records and doctor’s statements can serve as evidence, especially in court if you don’t reach a settlement before that. It will also be a determining factor in how much you can be compensated.
Identify the One Responsible for Your Injuries
No one files a personal injury claim out of the blue. Your injury can be enough of an incentive for that, but you shouldn’t make a spur-of-moment decision just because you were resentful or angry at the owner of the property in which you were injured. Instead, you must think logically, collect as much evidence as you can to support your claim, and confirm the person or the entity who’s decidedly responsible for your injuries. If you find out mid-investigating that the one responsible for your injuries is someone else, you’ll have to backtrack and make changes in your claim.
Know What Makes A Property Owner Liable
Your next step is detailing in what way the property owner was liable for your injuries. In Hopewell, where premises liability claims are frequently filed, knowing the possible reasons why a property owner is liable is almost like second nature to lawyers. Any Hopewell personal injury lawyer can list a number of reasons as to why a property owner can be held liable to personal injury claims. For instance, if a property owner failed to oversee the common areas of their property and you were injured due to a slip and fall accident, the property owner, in this case, is liable. Similarly, a supermarket owner will be liable if a customer falls on spilled juice in a grocery aisle. If you were injured while exercising at the Gym due to malfunctioning equipment, then you ought to mention that as well in your account of the injury, as that can make the fitness center owner liable.
Don’t Delay Filing an Accident Claim
Although it is better that you seek medical health right away, you should also file an accident claim as soon as possible, mainly because of the statute of limitations’ restrictions. If you’re not familiar with this, the statute of limitations basically appoints a set period of time (2 years in most states) to file an accident claim from the date of the accident. So, any further delay may not work in your favor. If you’re too preoccupied, hiring a lawyer will help you gather all the evidence necessary for your case and also calculate how much you can get compensated at the end of the case.
Hire an Attorney
Like we mentioned in the previous point, hiring a lawyer (or an attorney) is a wise step to take. Going through it all can be difficult for you, especially if you’re not familiar with this particular area of the law. A lawyer, on the other hand, will help you understand better personal injury law, identify your rights, tell you how much you can be compensated from insurance companies, and also help you with signing any documents like a medical release or settling your claim paperwork. If you’re not careful with legal documents, you might be signing away important legal rights, which insurance companies will surely use against you.
Cashing in from a property owner’s negligence shouldn’t be a difficult process if you hired an experienced personal injury lawyer and adopted the right approach. Depending on the severity of your injury, lost wages, and evidence, you will be able to get sufficient compensation for your pain and suffering, so be sure to utilize the evidence against the property owner wisely and don’t fall into the trap of exaggerating injuries, as that can do more harm than good to your case.
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