Injured On Someone Else’s Property? Here’s What You Need To Know Before You Sue

In California, if you are hurt or injured because of the negligence or carelessness of the owner or operator of the property you are on, you can make a premises liability personal injury claim. This allows you to recover compensation for the damages and harms endured. This article dives into what you need to do to ensure a successful premises liability claim, including:

• Causes and common injuries seen in premises liability personal injury cases.
• What evidence you should gather at the scene of your accident or fall.
• Who is liable, and how you can cover your medical costs while the claim continues.

What Are The Most Common Causes Behind Premises Liability?

Any time you fall or otherwise injure yourself on someone else’s property as a result of their negligence or inattention, premises liability comes into play.

Some particularly common causes of premises liability cases in California include:

• Poor routine maintenance,
• Wet floors,
• Bad lighting,
• Ongoing construction, repairs, maintenance,
• Insufficient signage,
• And more…

What Are Some Common Injuries Sustained In Premises Liability Cases?

When you are walking along and you trip, slip, or otherwise fall, it is quite easy to suffer mild to severe injuries.

The most severe premises liability cases often involve injuries such as:

• Fractures,
• Spine injuries,
• Head injuries,
• And more…

What Should I Do After Suffering An Injury On Someone Else’s Property?

To bring a successful premises liability claim, your attorney will need to prove that the incident caused the injury, so gather as much evidence as you can at the scene.

In addition, be sure to mention to your doctors or any intervening medical or law enforcement persons what your injuries are. What is in official reports may become vital evidence later.

Next, you should always notify the wrongdoer that you were injured and may be making a claim. If they do not choose to settle for a fair amount with you, you will be able to file a lawsuit to obtain the compensation you need.

What Information And Evidence Am I Looking For After A Fall Or Injury?

Once you have ensured your immediate safety, you should gather evidence, especially pictures. Document the area where the fall happened, why the fall happened, and what the resulting injuries were. If possible, look for video evidence that might have captured the incident, which is more and more commonly available.

The evidence will help you prove your claim because even if you were partially at fault for a fall, you still have a right to compensation. However, it’s important to note that if you are partially liable for your injuries, it would reduce your recovery by the percentage of fault attributed to you. As such, we would rather make sure that we have the evidence to prove you were not responsible for your accident whenever possible.

Should I Talk With Anyone On The Scene Of My Premises Liability Accident?

If there was someone at the scene of your injury who was a witness to your fall and injury, or even just to the dangerous condition that led to it, it is important to speak to them and get their contact information.

Why Is It Crucial To Follow My Medical Treatment Plan?

If a doctor, emergency medical responder, or surgeon orders you to follow a certain treatment or abide by certain restrictions, you should do so for two key reasons.

Number one: to get better. Number two: to help show that you did, in fact, suffer a serious injury that required treatment. Also, it’s important to keep in mind that if you do not follow the treatment plan, the insurance company may be able to claim you were faking or your injuries were not as severe.

Who Is Potentially Liable In A Premises Liability Claim?

Whoever is responsible for creating the dangerous and unsafe environment that led to your fall or injury will be liable for compensating you in a personal injury claim.

For example, some potentially liable parties in premises liability claim include:

• Property owners,
• People who lease the property,
• Property management companies,
• Maintenance companies,
• Homeowners.
• And more…

Your attorney can help you figure out which entities or individuals to target with your premises liability personal injury claim.

How Does The Place Of Injury And Incident Affect My Premises Liability Claim?

If you are injured on city or government property, you will have to make a government claim. These have a much faster turnaround and deadline, usually only six months. Given how many falls occur on poorly maintained sidewalks and other government properties, it is important to respect those deadlines.

What Is Safe Information To Share With The Hospital?

You should always tell doctors and hospital staff about the injury or fall, what led to your injury, how you fell and how you feel, as well as about any pains or other symptoms you may be feeling. No matter how insignificant they might seem at the time, such evidence can be vital later.

Am I Able To Choose My Own Healthcare Provider In A Premises Liability Claim?

Yes, you can, though if you need some medical care providers that will not charge you until the settlement or lawsuit is finalized, we can help you find some.

Can My Own Insurance Company Potentially Help Cover Costs For My Injuries Upfront?

Medical insurance can, will, and should pay for your treatment. Unfortunately, that is probably the only insurance company that will willingly pay anything.

In fact, if the insurance company of the people responsible reaches out to you with an offer, you should almost certainly reject it and never accept anything without first consulting your personal injury attorney. For more information on Premises Liability Claims And Lawsuits In California, an initial consultation is your next best step.