Who Is Liable If I Was Injured At A Neighbor's House?

You sustained one or more injuries at a neighbor’s house. Whether you slipped and fell or tumbled down a few stairs, the injuries that you sustained have caused you to rack up a substantial medical bill. In addition, you expect to pay for future medical services such as the use of an assistive device and/or undergoing comprehensive physical therapy sessions. Even if you do not incur additional medical costs, you are still on the financial hook. This prompts one important question: Who is liable if you were injured at a neighbor’s house?

The short answer is your neighbor is the most likely party held responsible for you sustaining one or more injuries. Your case probably falls under a type of law practice called premises liability. However, other circumstances can place a legal burden on another party. To determine the answer to the question, “Who is liable if I was injured at a neighbor’s house,” you should contact an experienced and state-licensed personal injury lawyer.

What is Premises Liability?

Premises liability represents a type of personal injury law that follows many of the same principles followed for other personal injury cases such as car accidents and medical malpractice. This type of personal injury law involved demonstrating that a property owner failed to prevent an accident that caused a visitor to sustain one or more injuries. To win a premises liability lawsuit, your personal injury lawyer must prove the existence of four legal elements.

First, your personal injury lawyer must show the plaintiff had a duty of care to protect you against harm. Second, you must prove your neighbor violated the duty of care doctrine by committing one or more acts of negligence. Third, the incident must have directly caused you to sustain one or more injuries. Finally, your injuries must have generated financial losses in the form of medical bills.

How Does My Personal Injury Lawyer Build a Persuasive Case?

Several factors play a role in helping your personal injury lawyer build a strong premises liability case. Physical evidence is the heart of a strong premises liability case. Your attorney submits photographs of the accident scene, which can be taken by you, as well as any witnesses who saw the accident. If your neighbor installed a security camera system, you might be able to extract video sequences that prove your neighbor committed one or more acts of negligence. Witness accounts of the accident bolster the strength of the physical evidence gathered by your personal injury lawyer.

To receive just compensation for your injuries, you must submit copies of all medical bills. This includes the results of diagnostic tests, as well as copies of treatment and rehabilitation bills. Copies of your financial records verify the amount of money you have paid to different healthcare facilities. Notarized statements by doctors and surgeons demonstrate what you can expect to spend for future medical care. Your employer also can help by showing that you lost wages due to the seriousness of your injuries.

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Hiring a personal injury lawyer who specializes in handling premises liability cases is crucial if you expect to receive just compensation for your injuries. Your attorney conducts a detailed investigation and then calculates a reasonable value for compensation that you use when filing an insurance claim and a civil lawsuit that seeks monetary damages. Instead of dealing with an insurance adjuster, your personal injury lawyer handles the claim during every step of the review process. Your attorney can negotiate a settlement with the insurance adjuster, as well as the attorney representing the other party. One of the most important responsibilities of your personal injury lawyer is to file a civil lawsuit before the expiration of the statute of limitations.

6 Steps You Should Take Immediately After an Accident

Accidents happen.

The average American driver can expect to get involved in some form of car accident one time every six years. Although many car accidents turn out to be minor fender benders, some vehicle collisions result in substantial property damage and significant injuries to one or more drivers and passengers. The best mindset for how to react after a car accident is to already know what to do. For a serious auto crash, leaning on the legal expertise of a car accident attorney makes the difference between receiving just compensation and walking away empty-handed.

Here are the six steps you should take immediately after a car accident.

Think Safety

You can expect a flurry of thoughts to rush through your brain right after a motor vehicle collision. Slow the thoughts down by thinking about safety first. You should find a safe place to move your car if it is capable of moving to another location nearby. Pulling over on a shoulder is a good choice, but if you can find a parking spot on a lot nearby, you enhance your safety by staying away from traffic. Once you get to a safe place, check on all the other drivers and passengers.

Call 911

Calling 911 immediately after a vehicle collision accomplishes two important things. First, a 911 call activates the emergency response system, which includes medical personnel that can treat victims who sustained serious injuries such as fractures and lacerations. Second, the responding law enforcement agency clears the scene of vehicles to prevent another accident from occurring. Law enforcement personnel also conduct a thorough investigation of the accident scene.

Receive Medical Care

Receiving a diagnosis and getting treated for any injuries is critical for you to file a successful insurance claim, as well as a civil lawsuit that seeks monetary damages if you have a strong enough case. If you wait too long to receive medical care, the insurance adjuster reviewing your claim might deny it on the grounds that you did not sustain serious enough injuries to warrant receiving compensation. You might be able to receive initial treatment at the scene of the car accident.

Gather Evidence

Although the law enforcement agency responding to the vehicle collision collects evidence, you also should collect evidence to give your car accident attorney a head start on conducting a separate investigation. Simply taking photographs of the accident scene by using a Smartphone can help your car accident attorney put the pieces of the investigative puzzle together. Obtain the names and contact information of every witness for your car accident attorney to interview as soon as possible.

Contact a Car Accident Attorney

If you have a car accident attorney on retainer or know of a lawyer who specializes in handling personal injury cases, the first call you make should be to your legal counsel. Schedule a free case evaluation to determine the best course of action. Your car accident attorney reviews the official police report and all the physical evidence, as well as interviews witnesses. If you do not have access to a car accident attorney, conduct a little online research to find one practicing in your area and then schedule a free case evaluation.

Work on Receiving Just Compensation

Meeting with a lawyer is the key to starting the process of receiving just compensation for your financial losses. Do not contact your insurance company until after you meet with a car accident attorney. Your lawyer helps you submit the proper documents, as well as helps you develop a persuasive claim. If the other party committed one or more acts of negligence that caused the auto crash, you might have a strong enough case to file a civil lawsuit that seeks monetary damages.

What Information Do I Need to Give My Personal Injury Lawyer?

After getting involved in a motor vehicle collision, you should take several steps to help build a case to receive compensation. First, you call 911 to alert the appropriate law enforcement agency about the crash. Second, you should seek medical care to diagnose and treat every injury that results from the accident. Then, obtain the contact information from witnesses and take photographs of the accident scene by using your cell phone. The most important step involves contacting an experienced personal injury lawyer to schedule a free consultation.

Personal injury cases extend well beyond motor vehicle collisions. If you are a victim of a slip and fall, medical negligence, or a defective product, a personal injury attorney can help you recover your financial losses. The key is to come prepared for the free consultation by knowing what information to give to your personal injury lawyer.

Accident Report

An accident report is a crucial document that provides your attorney with information such as the date and time of the personal injury incident, as well as where the incident took place. If you cannot obtain a copy of the accident report, your personal injury lawyer contacts the appropriate source to obtain it. An accident report should help your personal injury lawyer determine the cause of the incident and whether another party committed one or more acts of negligence.

Photographs of the Incident Scene

Photographs can reveal plenty of useful information, such as where a personal injury incident took place. For car accident cases, law enforcement officials typically include photographic evidence in the official police report. For other types of personal injury cases, you should be proactive and take photos of the incident scene. You also should request video camera tape that might help your attorney determine the cause.

Witness Contact Information

Witness statements provide support for the physical evidence collected at the scene of the personal injury incident. You do not have to interview witnesses after a personal injury incident. Just write down the names and contact information for your attorney to reference. Your personal injury lawyer should interview witnesses as close to the date of the incident as possible to receive the most accurate accounts of what transpired before, during, and after the personal injury incident.

Medical Records

Medical bills by far represent the costliest expense associated with a personal injury incident. The costs associated with diagnostic tests, treatment programs, and physical therapy sessions can soar into the tens of thousands of dollars. Your personal injury lawyer needs copies of medical records to convince an insurance adjuster to approve a compensation claim. Copies of medical records also play a role in a judge determining the value of the compensation awarded during a civil trial.

Insurance Information

When you meet with a personal injury lawyer for a free consultation, the lawyer needs to review your insurance information to determine the extent of your coverage. You also should provide a personal injury lawyer with the insurance information of the other party or parties. Although you should not contact your insurance company until you speak with an attorney, make sure to tell your lawyer if you did reach out to your insurance company.

Before you meet for a free consultation with a personal injury lawyer, ask the attorney what information you need to bring to the first meeting.

5 Excellent Reasons to Consult A Leading Car Accident Attorney

Be prepared.

It is a short motto that has relevance for a wide variety of reasons during our lifetimes. Being prepared has special relevance when it comes to car accidents, as the average person gets into four accidents during a lifetime. Preparation involves knowing the steps to take after a vehicle collision, which include calling 911, receiving medical care, obtaining the contact info of witnesses, and getting in touch with an experienced car accident attorney.

An experienced car accident lawyer should offer a free consultation to determine how to proceed with your case. Although a free case evaluation is a strong motivator to take action, what other reasons should motivate you to contact a personal injury lawyer who specializes in handling auto crash cases?

Let’s review five excellent reasons to consult a leading car accident attorney.

Conduct a Detailed Investigation

The best personal injury attorneys who specialize in car accident cases conduct detailed investigations that start with gathering and examining physical evidence. Photographs of the accident scene can help your attorney determine what caused the collision, as well as whether another party committed one or more acts of negligence. Photographs of the damage done to your vehicle can provide compelling physical evidence. Your lawyer also interviews witnesses who can describe what transpired before, during, and after the collision.

File an Insurance Claim

Filing an insurance claim is a straightforward process, but just one mistake can turn a claim that should be approved into a claim that comes back denied. An experienced car accident attorney ensures you fill out every box on the claim form with accurate information. Your lawyer also monitors the status of your claim to make sure it receives a review in a timely manner. If the insurance adjuster processing your claim denies it, an experienced vehicle collision lawyer helps you file an appeal

File a Lawsuit before the Deadline

Every state has established a deadline for filing a personal injury lawsuit, with most states setting the statute of limitations between two and four years. Working with a car accident attorney ensures you file a civil lawsuit that seeks monetary damages before the expiration of the statute of limitations. If you fail to file a civil lawsuit before the expiration of the statute of limitations, the court clerk processing your case has the power to remove it from the judicial docket.

Represent You During Litigation

If you represent yourself during a civil trial, the odds of you winning the case substantially fall. A car accident lawyer understands the importance of presenting persuasive physical evidence during the discovery phase, which is the step when both sides share information to determine whether they can avoid a costly and time-consuming trial. Hiring an experienced auto crash attorney helps you present convincing legal arguments to counter the legal arguments presented by the legal team representing the defendant.

Negotiate a Settlement

Negotiating a favorable settlement can end the litigation process long before it ends when a judge or jury issues a decision. Your car accident attorney offers a reasonable value for compensation, which the other party either accepts or rejects. If the other party rejects the initial offer for compensation, several rounds of counter offers can follow until both sides agree to a settlement or decide to take the case to the trial phase of the litigation process. Negotiating a settlement also comes in handy when you file an insurance claim.

A Personal Injury Lawyer Can Help You Settle Slip and Fall Cases Quickly

At first, you feel embarrassed because you slipped and fell. However, the embarrassment wears off fast, as you realize that you have sustained an injury. Slip and fall incidents do not make the front page of the local newspaper like car accident cases sometimes do. They also do not receive the same scrutiny as medical malpractice cases. However, slip and fall incidents can cause serious injuries, such as a fractured arm or a traumatic brain injury (TBI).

According to research conducted by the National Floor Safety Institute (NFSI), slip and fall cases account for more than one million emergency room visits every year in the United States. If you sustained one or more injuries as the result of a slip and fall incident, you should act with a sense of urgency by contacting an experienced personal injury attorney who specializes in handling slip and fall cases. A personal injury lawyer can help you settle a slip and fall case quickly for several reasons.

Monitors Your Insurance Claim

Insurance adjusters love it when policyholders do not receive legal support during the claim filing process. Without a state-licensed personal injury attorney, an insurance adjuster is more likely to deny your claim even if you submit persuasive physical evidence. You also might deal with an insurance adjuster who prolongs the claim review process. By hiring an experienced personal injury attorney who specializes in handling slip and fall cases, you receive an insurance claim review in a timely manner. Your lawyer monitors the progress of your claim to ensure it receives the attention that it deserves.

Negotiates a Settlement

A personal injury lawyer who possesses strong negotiation skills is more likely to settle a slip and fall case much faster than an attorney who cannot negotiate a settlement. You can settle an insurance claim through negotiations, as well as during a civil lawsuit. Negotiations start when your attorney submits a reasonable offer for compensation. The insurance adjuster or the lawyer representing the defendant either accepts the initial offer or sends it back as rejected. Several rounds of counter offers can follow until both sides reach a settlement or decide to take the next step in the process.

Calculates a Reasonable Value for Compensation

One of the most common reasons why a slip and fall case takes a long time to resolve concerns the submission of an unreasonable value for compensation. To calculate a fair value for compensation, your slip and fall attorney adds up all the tangible costs associated with your case, such as the value of diagnostic tests and treatment programs. You also have the right to receive compensation for non-monetary damages, which are often the costs associated with pain and suffering. Your personal injury lawyer has to be careful not to overvalue the costs associated with pain and suffering.

Submit Convincing Evidence

Another key to settling a slip and fall case quickly involves submitting persuasive evidence. If you slipped and fell inside a business, your attorney should be able to retrieve the footage shot by a security camera. Submission of the copies of medical bills proves what types of injuries you sustained, as well as the monetary value attached to diagnosing, treating, and rehabilitating your injuries. Your personal injury lawyer also presents witness statements, which judges and insurance adjusters typically refer to as support for the physical evidence submitted during a civil trial or with an insurance claim.

Get the legal support you deserve by contacting one of our experienced personal injury attorneys to resolve your slip and fall case quickly.

How to Select the Right Car Accident Attorney For Your Case

Staying composed after getting involved in a motor vehicle collision can be difficult to do. However, you should focus on staying calm and following a series of steps that eventually determine whether you receive just compensation for any injuries and property damage. One of the most important steps arrives near the end of the process, which is to contact a car accident attorney. The question for you is how to select the right car accident attorney for your case.

Several factors should play a role in helping you to choose the right car accident lawyer.

Experience

An experienced car accident attorney knows how to help you submit the most persuasive auto insurance claim. The claim process requires you to submit compelling physical evidence, along with the statements presented by witnesses. Experience also comes in handy for a car accident lawyer if the insurance adjuster reviewing your claim agrees to try and negotiate a settlement. If your case goes to trial, hiring an experienced car accident attorney can be the difference between winning your case and walking out of the courtroom empty-handed.

Make sure you do not measure experience strictly on years of practice. An experienced car accident attorney also should be able to present a proven record of success.

Offers a Free Consultation

An attorney who offers a free consultation provides you with the opportunity to discuss your case, as well as devise a winning strategy for filing an insurance claim. During a free consultation, a car accident lawyer should review the evidence, especially the official report filed by the responding law enforcement agency. You present witness accounts, as well as copies of your medical bills and property repair receipts, such as the receipt for auto repair work

Represents You From Start to Finish

Some attorneys meet with clients for a free consultation, only to disappear for the remainder of a case. You want the experienced attorney sitting across from you during a free consultation to represent you during every phase of the litigation and insurance claim process. You should ask at the start of a free consultation whether the lawyer sitting across from you expects to represent you the entire time. You should consider it a deal breaker if the lawyer states that another attorney will take over the case at some point.

Gets Paid by a Contingency Fee

You want the car accident attorney hired to represent you to be financially motivated. This means you should pay the lawyer on a contingency fee basis, which means your attorney gets paid when you get paid. The lawyer charges a percentage of the money that you receive from an insurance claim and/or the result of a favorable ruling during a civil lawsuit. Attorneys who charge by the hour are less motivated to push a case to the finish line.

Strong Communication Skills

Car accident attorneys work several cases at the same time. This means the lawyer that you hire might not be available when you call or send a text message. However, you should expect a prompt response every time you have a question or want to learn about the status of your case. The car accident attorney that you hire should respond to any form of communication no later than during the morning after the day when you left a message. A car accident case is stressful enough without having to deal with a lawyer who is a poor communicator.

Online Reviews

Client reviews left on sites such as Yelp and Google should indicate the skill level of a car accident attorney. You should refer to client reviews as the last factor for choosing the right car accident lawyer. Moreover, you should consider a car accident attorney who has received many positive reviews. You also can check an attorney’s Better Business Bureau (BBB) page.

5 Situations When Calling a Personal Injury Lawyer is Important

According to the Centers for Disease Control and Prevention (CDC), around 31 million Americans receive medical care each year as a result of an accidental injury. The injuries range in severity from relatively minor cuts and bruises to significant trauma such as head injuries and fractured bones. Victims of accidental injuries work with personal injury lawyers to recover from the financial losses generated by medical bills.

Trying to recover from the financial losses generated by an accidental injury or injuries reason is the most common reason why victims seek the legal support of a state-licensed personal injury lawyer. What are the five other situations when calling a personal injury lawyer is important?

Filing an Insurance Claim

In the days following a personal injury incident, you can expect the adjuster processing your insurance claim to try settling the claim as quickly as possible. Insurance adjusters follow the motto of “pay as little as possible” when dealing with accident claims. If you do not receive the legal support of an experienced personal injury lawyer, the insurance adjuster processing your claim might try to take advantage of you.

A personal injury lawyer collects the physical evidence you need to receive compensation, such as acquiring copies of your medical bills. The official incident report represents an important document that substantiates your insurance claim. For example, if you slip and fall at a convenience store, the manager’s incident report becomes an integral part of the physical evidence.

Injuries Caused By a Defective Product or Medical Provider

If you sustained one or more injuries caused by a defective product or medical provider, a team of attorneys representing a large company works hard to defend their client against any liability claims. They might aggressively defend their client by disputing your credibility and/or delaying any legal proceedings regarding the case. Without a personal injury attorney to represent you, the chances of you receiving compensation dramatically decline.

Negotiate a Settlement

The insurance company processing your claim or the defendant in a personal injury lawsuit might come out of the gate willing to discuss a financial settlement. If this is the situation, you need the legal services of a persuasive negotiator to represent you during the back-and-forth sessions.

A personal injury lawyer submits a reasonable offer for compensation, which the other party either accepts or rejects. If the other party rejects the initial offer, you can expect to receive a counteroffer or a letter requesting that the case move to the next step in the legal or insurance claim process. Several counteroffers can follow the initial offer until both parties agree to a settlement or decide to take the case to the next phase.

Case Goes to Trial

It seems like a no-brainer, but might be surprised to learn about the large number of plaintiffs in personal injury cases who represent themselves during a civil lawsuit that seeks monetary damages. If it looks like your case is moving to the trial phase of the civil lawsuit process, you should receive the support of a personal injury attorney who has successfully litigated similar cases. A skilled litigator knows how to persuade the judge hearing the case to take your side, as well as convincingly present the physical evidence that you need to win a favorable judgment.

In addition, a personal injury attorney files a civil lawsuit before the expiration of the statute of limitations, which for most states runs between two and four years.

Appealing Your Case or Claim

If your insurance claim and/or civil lawsuit reaches the appeals stage of the process, a personal injury attorney helps you navigate through the process until you receive just compensation. You might have to submit more compelling physical evidence, as well as present a stronger argument that you deserve just compensation for your injuries and other financial obligations caused by a personal injury incident. If you did not seek legal support before the appeals stage, a personal injury attorney can reverse a negative decision made by a judge or insurance adjuster.