We’ve all heard the horror stories about a friend or relative getting hurt on someone’s property and not knowing if they should call a personal injury lawyer. A bad fall or injury can be extremely traumatic and financially devastating, and you should not be held accountable for another party’s negligence. Here’s what to do in the event of an accident, and when you should call a personal injury lawyer.
Most common personal injury incidents
Accidents can happen at any time, and many people have been unlucky enough to get injured on someone else’s property. Dangerous situations can arise quickly, especially during the winter time where ice and snow turn unsuspecting driveways and stairs into skating rinks. While this isn’t a comprehensive list, victims to any of these incidents should certainly call a personal injury lawyer how to deal with the outcome.
- Slip and fall cases
- Snow and ice accidents
- Inadequate maintenance of the premises
- Defective conditions
- Negligent security
- Elevator and escalator accidents
- Dog bites
- Swimming pool accidents
- Amusement park accidents
- Water leaks or flooding
- Toxic fumes or chemicals.
Who is responsible?
When faced with a premises liability situation, it can often be difficult to determine who is at fault, and therefore who should cover the damages. Consulting a personal injury lawyer is always a good choice at this stage, as their expertise can help you determine who is responsible in these situations.
An invitee is someone who is invited onto the property of another, such as a customer in a store. This invitation usually implies that the property owner/possessor has taken reasonable steps to assure the safety of the premises.
A licensee enters property for his own purpose, or as a social guest, and is present at the consent of the owner.
However, a trespasser enters without any right whatsoever to do so. In the case of licensees and trespassers, there is no implied promise that reasonable care has been made to assure the safety of the property.
Determining damages in personal injury law
Since these accidents are very unpredictable, consider hiring a personal injury lawyer to help you determine what damages you can pursue. Check out our general overview of damages to provide some background before you call a personal injury lawyer.
In general, compensatory damages fall under three categories: medical and other expenses, loss of earning capacity/loss of income, and physical/mental pain and suffering. The purpose of compensatory damages is to restore the plaintiff to his or her position before the injury occurred, considering both economic, and non-economic losses.
The plaintiff cannot expect to hold a defendant liable for costs incurred if the plaintiff did not reasonably attempt to mitigate damages. For example, if a plaintiff fails to seek adequate and prompt medical care, they cannot seek excessive damages as a result of a worsened injury.
If you or a family member have been involved in an accident that lead to injuries, Contact Zayouna Law for a FREE consultation to receive the compensation you deserve.