Injuries—they can happen anywhere. Sometimes, they are simply accidents with no real traceable cause. But, defective staircases and sidewalks, falling objects, wet or sticky floors, a lack of security, or improper restraint of an animal are, most often, a case of premises liability.
What you do in the days, weeks, and even months after such an incident can determine whether you receive fair compensation for your any injuries you may have sustained. The following steps will guide you, regardless of whether the incident occurred at another person’s home, a government establishment, public place, or business.
If you are personally injured while on a homeowner’s property, you should notify the owner of the property that the incident occurred. Similarly, if you were injured while at a store, government establishment, or place of business, you should speak with the manager or a member of security and request an incident report. Fill it out, to the best of your abilities, and always request a copy before leaving the premises. This is an important, but often forgotten, piece of evidence by many people injured in premises liability cases.
The sooner you can gather evidence, the better. If you are not critically injured, do so before leaving the premises; this gives you the best chance of finding everything as it was when the incident happened. Evidence can include photographs of factors that may have contributed to the incident, photos of your injuries, statements from witnesses, and shoes or clothing worn at the time of the incident. Do not clean, wash, or alter any of these items in any way.
Even if you do not feel as though your injuries warrant medical attention, you should visit a healthcare facility to be examined. Sometimes, the extent of our injuries are difficult to immediately determine, and without proper medical advice, you will be unable to discern the extent or long-term consequences of your injuries.
To help determine what fair compensation for your injuries may be, you will need to retain any medical records and expenses. You will also want to keep track of any lost wages, property damage, or out-of-pocket expenses for medication or medical equipment needed while healing from your injury.
After an injury, victims are often approached by an insurance company or attorney about their injuries. Do not be fooled: these people do not have your best interest in mind; they are there to minimize damage for the store, homeowner, government agency, or other establishment. They may ask questions, and they will almost certainly ask you to sign something. Before you concede to their requests, hire a skilled premises liability attorney to ensure you have someone looking out for your rights and interests.
With more than 40 years of personal injury experience, Attorney John J. Garvey, III has handled numerous premises liability cases, including slips, trips, falls, defective equipment, dog bites, and more. Dedicated to providing compassion and support to his clients, he can offer the kind representation you deserve. To schedule your free initial consultation with a skilled San Jose premises liability lawyer, call 408-293-7777 today.
While this website provides general information, it does not constitute legal advice. The best way to get guidance on your specific legal issue is to contact a lawyer. To schedule a meeting with the attorney, please call at 408-293-7777 or complete the intake form below.