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Dangerous conditions created by property owners, occupiers, and managers—or conditions they fail to fix or warn guests of—can cause serious injuries to guests and customers that expect safety when they are on someone else’s property. If you have been injured on someone’s property because of an unsafe condition (such as slipping, tripping, or having something fall on you, for example), the property owner, occupier, or manager could be held responsible. You may be entitled to compensation for medical costs, lost wages, temporary and permanent impacts on your life, and the pain you have faced and will face as a result of your injury.
WHO CAN BE HELD RESPONSIBLE FOR INJURIES FROM A FALL?
When someone is hurt by a dangerous condition on someone else’s property, there are multiple parties that could be responsible. The owner of the property is a potentially responsible party. If the property is leased, the tenant might be responsible. If a commercial property is leased to tenants and operated by a management company, the management company could also be held accountable.
The attorneys at Zinda Law Group have handled cases against various types of defendants, many times with multiple types of defendants in the same case. If multiple people or entities are involved in owning, occupying, and/or managing property, ultimate responsibility may be determined by contracts between the parties and specific facts in how the property is managed. Responsibility for your injury could also be shared among the parties. The more information that a potential client can bring to a consultation, the better your attorney may evaluate your options and help you pursue a claim.
WHAT DO I DO IF I AM INJURED ON SOMEONE’S PROPERTY?
Evidence becomes very important in these cases, but it can also be difficult to come by. Dangerous conditions are often fixed quickly after an incident, to avoid further injury to others. Wet conditions that cause a fall can naturally repair themselves in the time it takes for an injured person to seek treatment and decide to bring a claim against a responsible party.
If you are injured by a dangerous condition on someone’s property, take pictures of the condition immediately after the accident, if possible. If there are witnesses, get their names and contact information. Alert people in positions of authority, such as managers of a store, so that a record of the incident is created. Consider a consultation with an attorney, who may be able to take more formal measures to preserve and collect relevant evidence that could be critical to eventually proving your case.
HOW DO I FILE A CLAIM FOR INJURIES FROM A FALL
It is very important to make a record of your incident by taking photos, filing a report, and speaking to witnesses at the place of the incident. It is also helpful to start an insurance claim early on while evidence is still available and witnesses’ memories are fresh. Be careful about talking to an insurance company directly—insurance companies deal with insurance claims every day, and know what information they need to gather to protect themselves and their insureds. Your interests usually will not align directly with the insurance company’s interests in investigating the facts.
An attorney on your side may help complete a thorough investigation that uncovers the full facts. Following an investigation, you can make a claim directly against the at-fault party, or through their insurance company if there is insurance coverage.
If the claim fails to resolve your issues to your satisfaction, a lawsuit might be necessary. Various laws, called statutes of limitations, limit the amount of time you have to file a lawsuit. If your case involves an injury on government property, the time to file your claim can be severely limited.
HOW ZINDA LAW GROUP HANDLES SLIP AND FALL CASES
Gathering Medical Bills
When a client hires us for their case, our first job is usually to track our client’s treatment and ensure that we receive all of the medical records and billing statements from all providers. It’s important to get full bills, as opposed to simply the balances mailed to patients. If health insurance, Medicaid, Medicare, Tricare, or the VA have paid for treatment, they might have a right to be reimbursed for those payments in addition to the amounts a patient owes in the event you win your case.
Negotiating with Insurance Companies
We do not enter negotiations until our clients have completed treatment and have been released from the care of all of their providers. It is important not to rush into negotiations. Insurance companies may require a full release of all past and future claims—if you have not completed treatment when you settle a claim, you might not be compensated for future medical bills, future lost wages, or future impairment you may face.
Hiring Expert Witnesses
Injuries on property are usually met with fierce disputes from defendants over whether they were legally at fault for causing the injury. In most cases, we need to retain an expert to testify on our client’s behalf regarding the specific cause of the incident in a case. These experts can help explain to a jury (and defendants) what the industry standard is in a field, and how the defendant’s actions failed to live up to those standards.
Discovering Defendant’s Knowledge
These cases also require substantial discovery from defendants to determine what they knew about a particular condition; how long they knew about it (or could have known about it, if they were taking proper precautions); what, if anything, they did to fix the problem or warn customers about it; and other complaints about the particular condition, or other similar conditions. These details help drive home to a jury that these incidents weren’t simply random accidents, but rather injuries to people that could have been avoided if defendants were more careful.
HOW MUCH CAN I EXPECT FROM A SLIP AND FALL SETTLEMENT?
Every case is different, and every case comes down to each client’s specific injuries and losses. Settlement amounts will usually depend on a combination of:
- The nature of the accident
- The victim’s current and future medical bills
- The amount of time the victim missed at work
- The extent of the victim’s injuries
- The type and length of their treatment
- Ongoing effects from an injury
Learn More: How to Calculate the Value of Case
CALL THE SLIP AND FALL SETTLEMENT LAWYERS AT ZINDA LAW GROUP
If you or a loved one has been injured on someone else’s property, contact the premises liability lawyers at Zinda Law Group at (800) 863-5312 for a free consultation. Call, email, or chat with us today to discuss the facts and issues involved in your potential case. You don’t owe us anything unless we win you a settlement for your slip and fall. That’s our No Win, No Fee Guarantee.
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