The upside is that the claims process is designed so that you are not responsible for proving your claim. Example: Comparative Fault Reduces Slip and Fall Claim. He had to undergo three ankle surgeries to correct the problem. Medical bills for your accident shouldn't be your responsibility if the accident wasn't. Without a claims adjuster investigating your claim, you become solely responsible for investigating and presenting your case to the court.
For the person responsible for the safety of the parking lot to be held liable for your injuries, a dangerous condition of the parking lot must have caused your injuries. They are also an especially dangerous place to fall given the hard surface. It is important to document the circumstances and results of the accident immediately. Begin collecting evidence from the moment you're injured, as best you can. The accident was apparently due to poor lighting; an expert witness in the case stated that the parking lot was lit no more than a very dark movie theater. There is reason to believe that these facts and figures hold true for parking lot slip and fall accidents in particular. Fulfilling this duty requires regular inspections to identify dangerous conditions, regular removal of debris and hazards, and making repairs in a reasonable time.
That is exactly what you get with the attorneys at Rosenblum Law. Falling off a bicycle that "trips" on a pothole. Being hit by a vehicle that loses control because of a pothole. A broken wrist or hand is extremely common in slip and fall accidents. If you want to file a slip and fall lawsuit, the first step begins immediately after the accident. In this article, we will explore how the law thinks about compensating victims in parking lot slip and fall cases and discuss what steps you can take to achieve the justice you deserve. This means property and business owners have a duty of care to provide a reasonably safe environment, and individuals have a duty of care to recognize open and obvious dangers.
So far, we have only addressed commercial parking lots. Written By:Adam H. Rosenblum. I will always recommend you to everyone I can. A playful example is a cartoon character slipping on a banana peel. If they refuse to hand it over, let them know you expect them to preserve all pictures, films, and any other records from that day as evidence. The idea behind premises liability is that the law expects property owners to maintain their property in a reasonably safe manner. Here's what to do after a fall in a parking lot. Those injured in a slip and fall accident in a parking lot could be entitled to compensation once liability has been determined. It's that time of year when winter storms threaten most of the country. We are using the term "property owner" loosely. The owner's negligence was the direct cause of your injuries.
Why would the insurance adjuster or court be concerned with your fault? Some ways in which you may be held partly at fault include: - You're not dressed appropriately. The city settled for $300, 000, Indigo Realty settled for $10, 000, and a jury decided that Republic Parking was liable for $4, 005, 125. It's best to say that your lawyer is handling it.
Right now, the important thing is to collect their contact information so that you can follow up with them as you build your case. Lacerations and bruises. Our goal is to fully recover what you've lost because of the accident. That's the first thing. Todd filed a claim with the parking garage owner's insurance company. If you don't have a measuring tape, use any other object you can place near the condition to show its size. Evaluate your legal liability. You can seek legal advice about a parking lot accident at any point in the negotiation process.
The sooner you act, the better. If a fall in a store parking lot caused your injury, take steps now to protect your legal right to hold a store owner, property owner, or other parties responsible for the pain and suffering caused by a fall that was not your fault. Take pictures of the accident site. You will also need to prove that you couldn't have avoided the pothole by merely being careful.
Just because you're injured doesn't mean the property owners are liable. Who Can Be Held Liable? An accident attorney will typically agree to work on a contingency fee basis, meaning you don't owe attorney fees unless your case settles or you win in court. We are your advocates. Spinal cord injuries. At this point, don't worry about sorting out what witnesses are valuable and which ones aren't helpful. Proof of Your Damages. There are two aspects of proving negligence: - There was a duty of care. This doesn't apply to people not permitted to be on the property in the first place. Largest Slip & Falls Settlements. They also discover that she was wearing old, worn out shoes that increased her risk of slipping. And the list goes on.
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