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.

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.