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.