If you have been injured on someone else’s property due to unsafe conditions, you may have the right to file a premises liability claim. This process involves several important steps, and understanding what to expect can help you prepare for the road ahead.
Gathering Evidence After An Incident
The first step in any claim is collecting evidence. If possible, take photos or videos of the hazardous condition that caused the injury. Document the location, time, and any environmental factors that may have contributed to the incident. If there were witnesses, get their contact information, as their statements may support your claim.
Additionally, seek medical attention right away, even if your injuries seem minor. Medical records serve as valuable documentation of the harm suffered and link your injuries to the unsafe conditions on the property.
Reporting The Incident
Property owners or managers need to be informed about the accident. If you were injured in a store, restaurant, or other business, report the incident to a manager and request a written copy of the report. If the injury occurred in a private residence or rental property, notify the owner or landlord in writing. Keeping a record of this communication is important for building your case.
Determining Liability
Premises liability claims focus on whether the property owner or occupier failed to keep the premises reasonably safe. Factors such as the length of time the hazard existed, whether the owner knew or should have known about the danger, and whether reasonable steps were taken to fix the issue all play a role in establishing liability.
Attorneys like those at David & Philpot, PL can attest that proving liability is not always straightforward. Property owners may argue that the hazard was not dangerous, that they were unaware of the issue, or that the injured party was partly responsible for the accident.
Filing An Insurance Claim
Many premises liability cases are resolved through an insurance claim. The property owner’s insurance provider may conduct an investigation, review medical records, and assess the circumstances of the accident. Insurance companies often try to minimize payouts, so it is important to be cautious when speaking with adjusters. Providing only factual information and avoiding recorded statements without legal guidance can prevent misinterpretation of your words.
Settlement Negotiations And Legal Proceedings
Once the insurance company reviews the claim, they may offer a settlement. This amount should cover medical expenses, lost wages, and other damages related to the injury. However, initial offers are often lower than what a claimant may be entitled to receive. If negotiations do not lead to a fair resolution, filing a lawsuit may be necessary.
The litigation process includes filing a complaint, conducting pre-trial discovery, and possibly going to trial. Although many cases settle before reaching the courtroom, being prepared for legal proceedings is essential.
Moving Forward
Filing a premises liability claim involves several important steps, from gathering evidence to negotiating with insurance companies. Understanding what to expect can help make the process smoother. If you or a loved one have been injured due to unsafe conditions on someone else’s property, seeking legal guidance from a premises liability lawyer can help determine the best course of action.
