Accidents can happen anywhere, but when you are injured on someone else’s property, you may have the right to seek compensation for your injuries. Property owners have a legal responsibility to maintain a safe environment for visitors, customers, and tenants. If they fail to do so, they may be held liable under premises liability law. Knowing what steps to take after an injury can help protect your legal rights.
Steps to Take After Suffering an Injury on Someone’s Property
Some of the most important steps to take after getting injured on someone else’s property include: seeking medical attention, documenting the scene, and consulting with a premises liability lawyer. Taking these actions can make a significant difference in your case.
1. Seek Medical Attention Immediately
Your health and safety should be your top priority after an injury. Even if your injuries seem minor, seek medical attention as soon as possible. Some injuries, such as concussions or internal bleeding, may not be immediately apparent but can worsen over time. A prompt medical evaluation also creates official documentation of your injuries, which can serve as critical evidence if you decide to pursue a claim.
2. Report the Incident to the Property Owner or Manager
Inform the property owner, landlord, or business manager about the accident as soon as possible. If the injury occurred in a commercial setting, such as a store or restaurant, request to file an official accident report. Be sure to obtain a copy for your records. If you were injured on a rental property, notify the landlord in writing and keep a copy of the correspondence.
3. Document the Scene
Gather as much evidence as possible from the scene of the accident. Take photos and videos of the hazardous condition that caused your injury, such as wet floors, broken stairs, poor lighting, or icy walkways. Capture multiple angles to provide a clear picture of the unsafe conditions. If there were any warning signs present (or absent), make sure to document that as well.
4. Collect Witness Information
If there were any witnesses to your accident, ask for their names and contact information. Witness testimony can be valuable in supporting your claim and corroborating your version of events. If possible, ask them to provide a written or recorded statement while the details are still fresh in their minds.
5. Preserve Evidence
In addition to photographic evidence, keep any physical evidence related to your accident. This may include torn or bloodied clothing, damaged personal property, or footwear that was worn at the time of the incident. Also, retain copies of medical records, hospital bills, prescriptions, and any correspondence related to your injury.
6. Avoid Speaking to Insurance Adjusters Without Legal Counsel
After an accident, the property owner’s insurance company may contact you to discuss the incident. While they may seem friendly and helpful, their primary goal is to minimize the company’s liability. Avoid giving recorded statements or accepting any settlement offers without first consulting a premises liability lawyer. Accepting an early settlement may prevent you from seeking full compensation later.
7. Determine Liability
To pursue a premises liability claim, you must establish that the property owner was negligent in maintaining a safe environment. Common causes of premises liability cases include:
- Slip and falls due to wet floors, loose carpeting, or uneven surfaces
- Inadequate security, leading to assaults or attacks
- Poor maintenance, such as broken handrails or malfunctioning elevators
- Dog bites and animal attacks
- Falling objects from shelves or structures
- Exposure to hazardous substances
A premises liability lawyer can help determine if the property owner failed in their duty of care and whether you have a valid claim.
8. File a Legal Claim
If negotiations with the property owner or their insurance company do not result in a fair settlement, you may need to file a lawsuit. A premises liability lawyer will help you navigate the legal process, gather evidence, interview witnesses, and advocate on your behalf. Compensation in these cases may include:
- Medical expenses
- Lost wages
- Pain and suffering
- Rehabilitation costs
- Emotional distress
9. Be Mindful of the Statute of Limitations
Every state has a statute of limitations for filing a premises liability claim. In Illinois, for example, you typically have two years from the date of the injury to file a lawsuit. Failing to take legal action within this timeframe can result in the loss of your right to seek compensation. Consulting with a premises liability lawyer as soon as possible ensures that you do not miss any important deadlines.
10. Take Legal Action With the Right Attorney
If you were injured on someone else’s property, seeking legal representation is crucial. A knowledgeable premises liability lawyer can assess your case, negotiate with insurance companies, and fight for the compensation you deserve. Legal professionals understand the complexities of premises liability law and can help you build a strong case to hold negligent property owners accountable.
Suffering an injury on another person’s property can be a stressful and overwhelming experience. However, taking the right steps immediately after an accident can help protect your rights and improve your chances of securing fair compensation.
