South Florida Injury Attorneys Blog
Were you recently injured at someone else’s property, such as a place of business? You could be eligible to file a personal injury claim.
It’s not often we leave the house and think about the possibility of being injured, but it can happen. When it does, it’s important to know what to do.
If you are ever injured on someone else’s property and aren’t sure if you have enough evidence to prove personal injury or file a claim, here are the steps you should take to make the process easier on you and your West Palm Beach Car Accident Lawyer.
Steps To Take If You’re Injured On Someone Else’s Property
Everyone can agree that accidents happen sometimes, but if the situation arises where you are injured on other premises and it’s not an accident, here’s what you need to do:
Take Photos
First and foremost, if you are not severely injured, you should take photos of the area and what caused you to slip and fall or get injured. If you are somewhere outside with unsafe conditions due to weather, such as ice, snow, or rain, take photos. These elements will melt or dry away quickly, so it’s best to have photos to indicate what the conditions were like leading up to your accident and if the owner of the property was effective in warning others about possible harm.
Seek Medical Attention
You should treat this kind of incident as you would with a car accident; you should not turn down being observed by medical professionals. Being medically examined can help distinguish the extent of the accident that caused your injuries and how much in damages you should seek in compensation.
Gather Names of Witnesses
If you are in a public place or somewhere where other people saw the accident unfold, write down their names so you can speak to them later about your incident. Witnesses can provide statements about the accident that can be helpful to your case.
Wait To Sign Legal Documents
If you were injured at a business or on company property, do not sign any document until you have had a lawyer read through it. You need to be informed of your rights and the document may ask you to waive some of those if you don’t read it close enough. Sometimes business documents do not give enough or accurate detail of the accident or injuries sustained and signing it would mean that you’re agreeing to their representation.
Write Down Your Version of Events
A personal injury case is going to take time to prove, but it’s always a good idea to write about your encounter for when the investigation process begins. If you were injured on a business property, they will likely have their own HR department and workplace attorney draft a document that best fits their needs and position, so you should do the same. Your writing, any photo evidence you have of the accident, and combined witness statements, may counter their version of what happened.
What A Personal Injury Case Entails
There is no right or wrong way to go about your personal injury case. The timeline and manner can be different for each victim in West Palm Beach, Florida.
Some personal injury cases can be resolved quickly within a few months, while the longer cases can take up to a year or more to be settled. There are also two different ways you can seek compensation in a personal injury case: either by informal settlement or through court.
When you decide to file a personal injury lawsuit, the beginning portion of your case will entail you speaking with your lawyer about your case and events and reviewing evidence. Your attorney will need time to work through everything you have, such as photos, insurance information, and witness statements, before gathering other information they need.
Your lawyer will then draft up the legal documents to serve to the defendant if it’s found that you have a case and want to pursue a lawsuit. From there, it’s your side fighting against the other. Once you’ve served the papers, the defendant will likely hire a lawyer for themselves and start building their case.
Who your case is against and the extent of the injury will determine how much you should seek in compensation. If you are going up against a well-known business or organization, it’s likely they will not want any bad press and your situation may be solved through an informal settlement.
With an informal settlement, you and your lawyer will meet with the defendant and their lawyer to discuss whether a conclusion that both parties agree to can be reached. If there is an agreement, your compensation will be that settlement amount.
If no agreement can be reached during this process, then your case will go to court. The jury will then be responsible for determining if your case wins and how much you deserve to be awarded. In order to establish how much damages to award the plaintiff, the jury will look at non-economic and economic losses as a result of the accident.
Economic losses refer to anything that can actually be totaled up such as lost wages for time off work, medical bills, and car damages (if you were involved in a car accident). Non-economic losses are the opposite and focus on items such as the emotional or mental toll the accident took on the victim, any long suffering the victim now how to endure, or on-going medical treatment.
If the incident is severe, sometimes the multiplier method is put into effect where the total the jury awards is multiplied by a number one through five. For example, if the jury awards you $100,000 for your severe accident and decides to multiply it by 4.5, you will win $450,000 in your final settlement.
Your attorney can give you an estimate and opinion based on their findings and interpretation of your case so that you know what to expect.
Speak To A Lawyer About Your Accident
Being injured at the hands of someone else, especially when the accident could have been prevented, is never fair for victims to experience. You have rights to seek justice in these situations and the attorneys at Frankl Kominsky Injury Lawyers want to make sure you pursue the best legal actions for yourself.
We help residents of West Palm Beach, Florida, and surrounding areas to determine if they have a personal injury case and what the best plan of action is (by appointment only). If you have recently been injured by someone else’s property, whether in a car accident or through another means, we want to help.
Get started by calling (561) 800-8000 or visit us online to leave your information in our free case evaluation form. One of our attorneys will personally reach out to you to schedule your free initial consultation where you can sit face-to-face with one of our esteemed professionals to discuss your case in greater detail.