What To Do If You Were Injured On Someone Else’s Property in California
If you were injured on someone else’s property in California, you may be entitled to compensation. Premises liability laws in California are complex depending upon whether you were injured on public or private property. Different deadlines may apply depending on where you were injured. Premises liability may arise in accidents such as fall accidents, animal attacks, swimming pool injuries, amusement park accidents, injuries in restaurants or retail stores, elevator or escalator injuries, accidents arising from inadequate security or property maintenance, and more.
If you have experienced such an injury, working with our premises liability attorneys in the Bay Area will ensure you are receiving just compensation for your injury.
Elements of Premises Liability Claims
A person injured on someone else’s property must prove several elements of their case in order to receive compensation. The following are examples of some of the elements:
- The defendant owned or controlled the property where the injury took place.
- The owner was negligent in the care and maintenance of the property.
- The defendant’s negligence was a substantial factor in causing the injury.
- You suffered harm.
What to Do After an Accident and Seeking Compensation
There are several steps to follow to protect your legal rights and your well-being following an injury on someone else’s property. Most importantly, seek medical attention either at a hospital or other medical facility, providing a detailed description of your injuries.
To get the best results working with premises liability attorneys, we recommend you gather the following details and evidence to support your claim. This can include:
- Photos of the scene of the accident
- Gather information about any witnesses to the event
- Photos of your injury
- Any on-scene report made by the property owner, police, or other officials regarding the injury
- Any medical reports, including doctor’s notes, regarding the extent of the injury and subsequent prescriptions prescribed
- Any medical bills, including receipts for paid prescriptions, whether paid by insurance, Medical, Medicare, or bills that remain unpaid
- Copies of paychecks or another form of salary verification before the accident for proof of loss of earnings
Report the accident to the property owner, if not immediately after the accident, then as soon as you are able to. You may be entitled to receive monetary compensation for medical bills, lost wages, pain and suffering damages, and emotional distress resulting from the accident. If the accident resulted in the death of a loved one, a wrongful death lawsuit can be filed to provide compensation to loved ones if the property owner is held liable under premises liability law.
If you are a victim and have been injured on someone else’s property in California, it is important to speak a premises liability lawyer to discuss the options for your case. A property owner’s insurance company – whether from renter’s insurance or homeowner’s insurance for a private home or commercial or business liability insurance for public places – will often pay the compensation for injuries sustained on their client’s property. The insurer may offer to settle the claim, but they will try to settle for as little as possible. It is critical to understand that you will lose your ability to sue if you decide to accept the offer. A civil lawsuit is another option, but you must be able to prove all elements of your claim and file within the statute of limitations, which can vary depending on where you were injured.
Were You Injured On Someone Else’s Property In California?
Our premises liability lawyers will fight on your behalf to get the compensation you are entitled to. We provide free case reviews to help you fight your battles so you can focus on healing. Call us today at (415) 400–7000 or reach out online to arrange this free consultation. If you are unable to come to us, we will meet you at your home or in the hospital.
*The above is not meant to be legal advice, and every case is different. Feel free to reach out to us at LMS Law if you have any questions. Information contained in this content and website should not be relied on as legal advice. You should consult an attorney for advice on your specific situation.
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