How do I prove I got hurt on someones property?
If you fall on a wet spot in a restaurant, if you fall in on an unsafe piece of property and break a leg, or if you fall in an apartment complex stair, you might wonder what happens next. There are numerous more examples where you may be able to claim liability.
This can be quite complex to go over, so let's make it clear. You have rights in any accident, but not always the right to sue. This all depends on the nature of the accident. Your rights include damages because of unsafe "premises" (as a building or property privately or commercially owned). That means if you fall in the restaurant because of a clear mistake, if you fall in a parking lot hole, if you fall down some bad apartment stairs, you can claim damages.
How do you prove this? Let's ask some basic questions and go over the answers.
First, if an accident is caused, you must be able to prove it's because of defective or dangerous property. This is called "premises liability" where an accident is caused because of an error on the owner of the premises. You can claim damages for both commercial buildings and for private properties.
Using the above examples, if you fall on a wet floor, you must prove the accident wasn't your fault and the restaurant was negligent (more than possible). If you fall in a parking lot hole, sprain an ankle or break a leg, again that likely can be claimed for damages because the parking lot premises were not maintained. Our final example, where you fall down a stair, is quite dangerous and may be the most obvious example where fault is clear and liability can be proven.
Who can you sue for your injuries?
First, you have to be able to prove two things: the premises have been mismanaged and you made no key mistakes. In other words, if the stairs are falling apart, you walk up them normally, and you fall, you have a claim. If on the other hand you try jumping down ten steps, you are making a mistake and liability is your own.
You can sue either the owner of the property or the management. This can get quite technical. The important thing is to know you can sue, it is your right. If liability is clear, your layer can worry about who to file the suit against.
What can you get for your injuries on someones property?
Personal injury damages can be quite high, but without proper legal representation it won't matter. The more negative affects the injury has on you, the higher the claim may be worth. Most personal injury cases do not go to court, being settled instead.
Where can you get legal help?
Legal representation is quite important. In cases like premises liability, the laws vary and it can be hard to find who's at fault and why. That makes it important to hire an experienced personal injury lawyer. He or she can handle the legal end. You can find many online via law directories and blogs. Query a good number of professional personal injury lawyers, and remember they do get a cut if you win (and that's more than worth it).