I Got Hurt on Someone's Property, What Should I Do?
Injuries occurring on someone else's property can be traumatic, especially when you're unsure of what steps to take next. If you've been hurt on someone else's property, there are several things to consider in order to protect your rights. Our premises liability attorneys at the Law Office of Joshua S. Reed in can help you through this process.
Property owners are typically responsible for maintaining a safe environment for visitors, but accidents can still happen. Knowing what actions to take following an injury can be crucial in making sure that your medical and legal needs are met.
Seek Medical Attention
Your health is the most important concern after sustaining an injury. Regardless of the severity of your injury, it’s important to get checked by a medical professional as soon as possible. Even if your injuries seem minor at first, some issues may not show immediate symptoms.
For example, injuries like concussions, internal bleeding, or soft tissue damage might not be obvious right away but can become serious later on. Getting prompt medical attention serves two purposes:
It documents your injuries for medical records, which can be vital if you decide to pursue legal action later.
It allows you to start the healing process right away.
In some cases, emergency services may be needed, especially if the injury occurred in a location where immediate medical help wasn’t easily accessible.
Report the Injury
After making sure you’ve received the medical attention necessary, it’s important to report the injury to the property owner or manager.
If you were on a commercial property, such as a store or a restaurant, the staff or management should be informed right away. In some cases, an incident report will be written up, which could be important if you decide to take legal action.
If the injury occurred in a private home, the owner should be notified. While it’s important to report the incident, avoid admitting fault or downplaying the severity of the injury.
Keep your communication simple and factual. Simply state where and how the injury happened, and make sure to get a copy of any incident report or other documentation if one is created.
Gather Evidence
If possible, take steps to document the scene of the injury. The more evidence you collect, the stronger your case could be if you decide to pursue compensation for your injuries. Here are some things you should consider doing:
Photograph the scene: Take clear pictures of where the injury occurred, focusing on hazards that might have contributed to the accident (e.g., broken sidewalks, wet floors, unmarked stairs).
Photograph your injuries: Take pictures of any visible injuries right away, and continue documenting any changes as your injury heals.
Obtain witness statements: If there were any witnesses to the accident, ask them to provide a written or recorded statement about what they saw. Their testimony could be critical in supporting your claim.
Collect contact information: Record the names, phone numbers, and addresses of anyone who witnessed the accident or who was involved in responding to the incident (e.g., first responders, store employees).
Having this evidence can help establish liability, especially if the property owner or management contests your version of events. When your account is contested, a lawyer can help.
Contact an Injury Attorney
In Tennessee, if you’ve been hurt on someone’s property, it’s wise to consult with an experienced and reputable premises liability attorney.
Tennessee has laws that determine who’s at fault in an injury case, and our injury lawyers can help clarify these details. We'll be able to evaluate your situation and advise you on whether or not you should pursue a legal claim.
Our firm can help you in several ways:
Investigate the details surrounding your injury.
Collect and preserve important evidence.
Negotiate with the property owner’s insurance company.
Help you understand your rights and the next steps.
If you decide to hire an attorney, they can also assist in identifying whether negligence was involved and whether the property owner should be held responsible for the accident. Negligence can arise when a property owner fails to maintain their premises or address hazards that could cause harm to visitors.
An Overview of Premises Liability Law
In Tennessee, premises liability law governs the duty that property owners owe to people who enter their property. There are different types of visitors, and the property owner's responsibilities depend on this classification.
Invitees: These are people who enter the property for business purposes (e.g., customers in a store or a client in an office). Property owners owe the highest duty of care to invitees and are required to make sure the property is safe or warn visitors about potential hazards.
Licensees: Licensees are people who enter the property for social reasons, like visiting a friend. Property owners must warn licensees of any known dangers but aren’t necessarily required to fix them.
Trespassers: Property owners generally owe the least duty to trespassers, though they must not intentionally harm them or create conditions that would trap or injure them.
Your classification as an invitee, licensee, or trespasser will play a significant role in determining whether the property owner is legally responsible for your injuries.
Consider the Statute of Limitations
In Tennessee, like other states, there are time limits for filing an injury claim. This is known as the statute of limitations.
In most cases, Tennessee gives you one year from the date of the injury to file a lawsuit. If you don’t take action within this period, you may lose the right to pursue compensation altogether.
The statute of limitations can vary based on the type of case, but it’s always a good idea to speak with a personal injury attorney as soon as possible after an accident. A timely consultation can help make sure that no important deadlines are missed.
File a Claim with Insurance
Once you’ve received medical treatment, reported the injury, gathered evidence, and consulted with an attorney, you may need to file a claim with the property owner’s insurance company. Most property owners carry liability insurance that covers accidents that occur on their property.
Our Tennessee premises liability lawyers can help you with the insurance claim process, seeing that you don’t settle for less than you deserve. Insurance companies often try to minimize payouts, and having an attorney by your side can help make sure that they handle the claim fairly. The insurance process can involve:
Filing a claim with the insurance company that covers the property.
Negotiating compensation for medical bills, lost wages, pain and suffering, and other damages.
Dealing with disputes, such as if the insurance company contests liability.
In some cases, it may be necessary to file a lawsuit if the insurance company doesn’t offer a fair settlement or if the property owner’s insurance denies liability.
When Should You Consider a Lawsuit?
Most premises liability cases are resolved through insurance claims or settlements. However, some situations may require legal action. A premises liability lawyer can help you determine whether a lawsuit is necessary. Common reasons to pursue a lawsuit include:
If the insurance company refuses to offer a fair settlement.
If the property owner or manager contests liability.
If the injury caused significant financial loss or permanent injury, making a settlement insufficient.
Filing a lawsuit can be a lengthy process, and the burden of proof lies with the injured party. However, for those whose injuries are serious and have long-lasting effects, taking legal action can help secure compensation for medical bills, lost wages, and emotional distress.
Protect Your Rights
When you get hurt on someone’s property, your primary concern should always be your health and recovery. But it’s also important to remember that your legal rights could be affected by the actions you take following the injury.
By seeking medical attention, reporting the injury, gathering evidence, and working with a premises liability attorney, you help protect your right to seek compensation. You might not know exactly what to do after an injury, but you don’t have to face it alone.
Connect With Us Today
Our personal injury attorneys can help guide you through the process, checking that your case is handled properly and that you receive fair compensation for your losses.
We provide service to Knoxville, Tennessee, and Farragut, Tennessee, as well as the surrounding areas including Anderson County, Blount County, Union County, Maryville County, Oak Ridge County, and Clinton County. Reach out to the Law Office of Joshua S. Reed today.