Get answers to some common questions about premise accidents and liability.
If you have suffered an accident resulting in injury while on someone else’s property, you may have the ability to bring a suit against them and recover compensation. You would have to prove that they were aware of a danger on their property (or should have been aware of it) and yet failed to do anything about it. You would also have to prove that any reasonable person could have suffered the same accident you did, that the accident directly caused your injury, and that your injury resulted in specific expenses or losses.
Here are some other important things you need to know about premise accidents.
What Are the Most Common Kinds of Premise Accident Injuries?
Slips, trips, and falls are by far the most common kind of premise accidents. These types of accidents often result in broken bones or fractures, brain and head injuries, and even spinal injuries. A slip, trip, and fall accident could be caused by anything from a wet floor with no signage to an unmarked curb, an unsafe stairway, or inadequate lighting.
What Kind of Compensation Can Be Sought in a Premise Accident Case?
When bringing a suit against the owner of a property where you were injured, you can request compensation for any and all negative effects of your injury. This commonly includes:
- Current and future medical bills
- Transportation costs for medical appointments
- Lost wages during the recovery period
- Lost earning power in the case of an injury leaving a permanent disability
- Cost of any mobility aids such as a wheelchair
- Pain and suffering
- Loss of consortium in the case of injuries affecting your relationship with your spouse
Can I Bring a Premise Liability Case Against My Employer?
In most cases, a slip, trip, or fall accident suffered in the workplace will be covered by workers compensation and you will not be able to sue.
What is Comparative Negligence?
Comparative negligence is the idea that two parties can share liability for an injury. For example, say a store failed to clean up a wet spot in a timely manner or place signage, and you fell. However, if the store can prove that you were distracted at the time you fell, for example perhaps because you were looking at your cell phone, they might convince the jury that you bear partial responsibility for the accident. If a jury decides you are 25 percent responsible for your own injuries, your award will be reduced by that percentage.
How Do I Know If the Settlement I’m Offered Is Fair?
Often, it is advantageous to accept a settlement rather than go to court for your premise accident claim. You get the ordeal over with faster, and you do not have to worry about the risk of losing the case and getting nothing. However, you really should consult an attorney before accepting any settlement from the property owner or their insurance company. Definitely consult an attorney if the settlement does not at least cover all your past and future medical expenses.
How Do I Find a Premises Accident Attorney?
If you are reading this blog, you have already found a skilled premises accident attorney in Fernando D. Vargas. You can learn more about Fernando D. Vargas and read real client reviews on sites like Avvo.com. Then come back here to set up your free consultation.
