You must act quickly if you suffer an injury on someone else’s property. This is because of two reasons: first, if evidence is not collected quickly, it can get lost or destroyed; second, there is a statute of limitations that sets a time limit on how long you have to file a claim.
In this blog, we will talk about the importance of acting immediately in a premises liability case, as well as contacting an Atlanta personal injury law firm to guarantee the success of your claim.
Contents
- Why Should You Respond Quickly In A Premises Liability Claim?
- Is a tenant a licensee or an invitee?
- How Long Do You Have to File a Lawsuit For Your Claim?
- Tips to remember before filing a claim for slip and fall injury
- What is the possibility of your premise liability claim being denied?
- Need for a lawyer comes here!
Why Should You Respond Quickly In A Premises Liability Claim?
Premises liability claims may involve a wide variety of personal injury case types, including:
- Fires
- Dog bites
- Slip and fall accidents
- Amusement park accidents
- Ice and snow accidents
- Toxic fumes and chemicals
- Escalator and elevator accidents
- Improper maintenance of the property
Source: lawvize.com
1. Evidence Collection
Evidence needs to be collected and preserved as soon as possible to avoid any kind of damage or destruction. Proceed by recording the scene with pictures or videos. This will record the events leading up to your accident. Collecting the contact details of any witnesses who observed the event is also essential. Such individuals can offer valuable testimony about the events and conditions.
2. The Statute of Limitations
Most states allow you to start a premises liability claim two years after the date of the accident. Although it may seem like a long time, gathering the necessary proof can take months or even years. You may not be able to get any compensation for the wounds if you wait too long.
Is a tenant a licensee or an invitee?
As the owner of the property, you must take appropriate steps to keep guests safe and avoid accidents on your property. The term “premises liability” defines this responsibility. As a landlord, you should be informed that, in most cases, the tenant and the property owner get the same treatment. This could suggest that a tenant could be held responsible if an injury occurred in your home while they were the primary tenant. As a result, a tenant is not regarded as a licensee or an invitee.
Source: hannalawfirms.com
How Long Do You Have to File a Lawsuit For Your Claim?
It is essential that you take immediate action if the insurance adjuster is not responding and you are not going to be able to reach an agreeable settlement. There are strict deadlines for filing personal injury lawsuits in every state.
Usually, statutes of limitations last for two years. This means that most parties are able to bring a lawsuit four years after the day they were injured. However, there are a few exceptions to this deadline, so you should contact a lawyer as soon as possible. The lawsuit may begin significantly more shortly, depending on the circumstances.
Tips to remember before filing a claim for slip and fall injury
Slip and fall accidents can result in multiple injuries to the victims. Therefore, it is vital to approach the claim in the right way. This will ensure you get the compensation you deserve for your injuries. You can use the following tips when approaching a claim.
- Do not rush until you have a good lawyer by your side. Even though legally you are not bound to hire a lawyer, it is advisable not to proceed without one since they are more aware of the process and will ensure you get the maximum compensation.
- Make sure you have solid evidence against the at-fault party. This is because when you are filing for a claim, you will have to present evidence that proves your injuries as well as the fault of the other party. In case of lack of evidence, the insurance company might deny your claim or lower your settlement offer.
- Strictly follow your doctor’s advice. This is to make sure you do not give any loopholes to the insurance company to lower your compensation.
- Avoid posting on social media platforms about your injuries or claims. In fact, you should avoid posting anything unless your claim is settled. This is because even though your account is private, you do not know how the insurance company might use your posts against you.
- Do not talk to the at-fault party and settle. The at-fault party might try to approach you to settle the case without going legal. Therefore, you should stick to a professional and legal approach without talking to them.
Source: rifiuticampania.org
What is the possibility of your premise liability claim being denied?
There is no right or wrong answer to this question. The possibility of the compensation being denied can depend on multiple factors. Your claim might be denied if:
- There is no evidence of the other party being at fault for your premises liability accident.
- Your evidence of injuries and damages cannot be established with the evidence you have submitted.
- You did not follow your doctor’s advice, leading the insurance company to believe that your injuries are not serious and you might be faking them.
- The insurance company might establish that your injuries did not result from the current accident. Instead, it might be due to your pre-existing injuries.
- You failed to file a claim within the statute of limitation. You are past the deadline for filing a premise liability claim.
These factors are not limited to the ones mentioned above. Beyond this, other factors might also be considered by the insurance company, which you need to be aware of. Either way, it is crucial to take prompt action to avoid denied claims.
Need for a lawyer comes here!
Premise liability claims are not as easy as they may appear. To make sure you get a successful outcome from your claim, you should go with a lawyer who can assist in understanding the case, establishing fault, and even working with other professionals to get evidence.
Source: friedgoldberg.com
Moreover, your lawyer will also talk to the insurance company on your behalf to get the maximum compensation. In case the compensation is denied or offered low, they will fight for your rights. Lastly, when the need for going court arise, you need a lawyer to represent you in the court and get the best outcome. Therefore, ensure to get in touch with a lawyer before going ahead.
