Premises liability accidents can happen in various settings, whether it be a slip and fall at a grocery store, an injury from a falling object at a shopping mall, or a hazardous condition in an office building. In Pennsylvania, property owners are legally obligated to maintain a reasonably safe environment for those who are lawfully on their property. If they fail to do so and an accident occurs, they can be held liable for the damages that arise from the incident.
If you have been injured in a premises liability accident in Pennsylvania, it is crucial to understand the steps you should take to protect your rights and pursue compensation. From ensuring your health and safety to gathering necessary evidence, the actions you take immediately after the accident can significantly impact the outcome of your case.
Seek Immediate Medical Attention
Your health should be the top priority following a premises liability accident. Even if you believe your injuries are minor or if you do not feel pain immediately, it is essential to seek medical attention as soon as possible. Some injuries, such as concussions or internal damage, may not present symptoms right away but can lead to long-term complications if left untreated.
Seeing a medical professional right after the accident not only ensures that you receive proper care but also creates a documented record of your injuries. This medical record will be critical when it comes to proving the extent of your injuries in a premises liability claim. The sooner you are evaluated, the stronger the connection between your injury and the accident will be.
In addition, follow your doctor’s instructions regarding treatment and recovery. Keeping up with your medical treatment and attending all follow-up appointments demonstrates that you are taking your injuries seriously. Failing to do so could be used against you later by the defense to argue that your injuries are not as severe as you claim.
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Report the Accident to the Property Owner or Manager
After seeking medical attention, it is important to report the accident to the property owner or the manager of the premises. Whether the accident occurred in a public place, a private residence, or a business establishment, informing the person in charge ensures that there is an official record of the incident.
When reporting the accident, make sure to provide clear details about where and how the accident happened. However, be cautious about making statements regarding fault or downplaying your injuries. At this stage, you do not yet know the full extent of your injuries or the potential legal implications of your statements. Stick to the facts without admitting fault or placing blame on others.
In many cases, the property owner or manager will create an incident report. Ask for a copy of this report for your records. This documentation can serve as valuable evidence later in the process.
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Document the Scene and Gather Evidence
The more evidence you can gather at the scene of the accident, the stronger your premises liability claim will be. Evidence plays a vital role in proving the dangerous condition that caused your accident and establishing that the property owner was negligent in addressing or warning of that hazard.
If possible, take photographs or videos of the area where the accident occurred. Capture images of the hazardous condition, such as wet floors, uneven surfaces, broken stairs, or poor lighting. It is also helpful to photograph the entire scene to provide context and show the general condition of the property.
In addition to visual evidence, collect the names and contact information of any witnesses who were present at the time of the accident. Witness testimony can be valuable in corroborating your version of events and providing additional insight into how the accident occurred.
If you are unable to gather evidence immediately due to the severity of your injuries, ask a friend, family member, or attorney to help you with this process. Evidence can quickly disappear or be altered, so it is important to act quickly to preserve it.
Keep Detailed Records of Your Injuries and Expenses
Following a premises liability accident, it is important to keep detailed records of your injuries, medical treatment, and any expenses related to the accident. This documentation will be essential in calculating the value of your claim and ensuring that you receive fair compensation.
Maintain a journal or log where you document your injuries, the pain and discomfort you experience, and how the accident has affected your daily life. Keep track of all medical appointments, treatments, medications, and therapies you undergo as a result of the accident. Additionally, save all receipts and bills for medical expenses, including doctor visits, hospital stays, prescription medications, and any other costs associated with your treatment.
Beyond medical expenses, you may also be entitled to compensation for lost wages if you are unable to work due to your injuries. Keep records of any time you miss from work, including pay stubs or letters from your employer confirming your time off. If your injuries have a long-term impact on your ability to work or earn income, this can also be factored into your claim.
Verdicts & Settlements
Consult with a Pennsylvania Premises Liability Attorney
Premises liability cases can be complex and require a thorough understanding of Pennsylvania’s laws and legal procedures. It is highly recommended that you consult with an experienced premises liability attorney who can guide you through the process and help protect your rights.
An attorney can help investigate the circumstances of your accident, gather additional evidence, and build a strong case on your behalf. They will also handle negotiations with the property owner’s insurance company, ensuring that you are not pressured into accepting a low settlement offer that does not fully compensate you for your injuries.
It is important to remember that premises liability claims are subject to Pennsylvania’s statute of limitations, which limits the amount of time you have to file a lawsuit. In most cases, you have two years from the date of the accident to file your claim. However, there may be exceptions based on the specific facts of your case, so consulting with an attorney as soon as possible is crucial.
Avoid Speaking with Insurance Adjusters Without Legal Representation
After reporting your accident, you may be contacted by the property owner’s insurance company. While the insurance adjuster may seem friendly and helpful, their goal is to minimize the amount the insurance company has to pay out. They may attempt to get you to provide a recorded statement, downplay your injuries, or offer you a quick settlement that is far less than what your claim is worth.
It is in your best interest to avoid speaking with insurance adjusters without first consulting with your attorney. Your attorney can handle all communication with the insurance company, ensuring that your rights are protected and that you do not inadvertently say something that could harm your case.
If you are offered a settlement, do not agree to anything without discussing it with your attorney. Once you accept a settlement, you generally waive your right to pursue any further compensation, even if your injuries worsen or you incur additional expenses in the future.
Understand Your Legal Rights in Pennsylvania
Understanding your legal rights after a premises liability accident in Pennsylvania is critical to ensuring that you receive the compensation you deserve. Under Pennsylvania law, property owners have a duty of care to maintain safe conditions on their property for those who are legally permitted to be there. This duty of care extends to business owners, landlords, homeowners, and other parties responsible for maintaining property.
To hold a property owner liable for your injuries, you must prove that they were negligent in maintaining the property or failed to warn you of a dangerous condition. This requires showing that the property owner knew or should have known about the hazard but failed to take reasonable steps to fix it or warn you about it.
Pennsylvania follows a modified comparative negligence rule, which means that your compensation may be reduced if you are found to be partially at fault for the accident. However, as long as you are less than 51 percent at fault, you may still recover damages. Understanding these nuances of premises liability law underscores the importance of working with an attorney who can navigate the legal complexities and advocate on your behalf.
Stay Calm and Focus on Recovery
After a premises liability accident, it is normal to feel overwhelmed by the legal process and the physical and emotional toll of your injuries. While it is important to take the necessary steps to protect your legal rights, it is equally important to focus on your recovery.
Rely on the support of your attorney, who will handle the legal aspects of your case, so you can concentrate on healing. This is a time to rest, follow your doctor’s advice, and prioritize your well-being. Taking care of your health not only aids in your recovery but also strengthens your legal claim by demonstrating that you are taking your injuries seriously.
Premises liability claims can be challenging, but with the right legal representation and a focus on recovery, you can achieve a favorable outcome and secure the compensation you need to move forward with your life.
If you or a loved one has been injured in a premises liability accident in Pennsylvania, it is important to take swift action to protect your rights. At McDonald At Law, we are committed to helping accident victims obtain the justice and compensation they deserve. Our experienced legal team is ready to guide you through every step of the process, from investigating the accident to negotiating with insurance companies. Contact McDonald At Law today for a free consultation and let us fight for the compensation you need to recover and rebuild your life.