Should You File An Incident Report If You Are Injured On Someone’s Property?
After an accident, regardless of how it happened, trying to figure out what to do next can always be complicated and confusing — especially while you are trying to ensure that you get appropriate medical care at the same time. When you visit someone else’s property and are injured, it’s human nature to “not make a big deal” out of it. In fact, any people find themselves apologizing for causing a disturbance even when they were hurt because of an issue that the property owner is responsible for, like an avoidable hazard or dangerous maintenance issue.
In the world of personal injury law, this situation is known as premises liability, and it holds a property owner legally accountable for any accidents or injuries on their property that are caused by their own failure to maintain a safe environment for visitors. Whether you are on private property, public or government property, or commercial property — provided you are there legally — you have every right to seek compensation for damages you suffer because of the owner’s negligence.
First, the short answer: You should absolutely file a report if you are injured on someone else’s property. Calling 911 will not immediately launch a legal case against the owner, but by taking the appropriate first steps, you will be able to keep your options open and decide how to move forward, having taken the right steps for your own safety and needs.
Read more below to learn about why it is so important to take the right steps following an accident, and contact the team at Fasig | Brooks as soon as possible for a free consultation to learn more about how to move forward with your case.
What To Do After an Accident On Someone Else’s Property
Remember that after any accident, your top priority is your own health and safety. The following steps are meant to give you a general sense of how you can address your medical needs while also ensuring that you have the option to seek compensation for your accident if you so decide. Once your immediate medical needs are met, contact Fasig | Brooks to speak with an experienced personal injury attorney to get an idea of how you can recover compensation for things like your medical bills, lost wages, and more.
If you are injured, you need professional medical care — quickly. Once the property owner or management is alerted to your injury, they may attempt to convince you to skip 911, and in some cases, they may even offer you cash on the spot in exchange for waiving your rights to legal action or stating that you were at fault. Calling 911 ensures that an EMT will be able to check your injuries and recommend additional treatment if necessary while a police officer takes stock of the situation and compiles an accident report.
Alert the Property Owner
Once you have called 911, make sure that the property owner or management team is aware of your injury. Depending on the type of property your injury took place on, there may or may not be an established protocol for handling these types of situations. Of course, if your accident was on private residential property, it is much less likely that there is a procedure versus an accident in a shopping plaza or government building.
Record All Relevant Details
If possible, take videos of the scene of the accident. Speak over the video and talk about the steps leading to the accident, and call out any important details that will be helpful to recall in the future. No matter how much we wish it weren’t true, our memories are inconsistent and unreliable, and even something that feels like a vivid detail of a situation can change over time. Accurate recollection of your accident is important, and pictures and video (with commentary) can be some of the best tools to ensure this is the case.
Get Medical Care
First, get a full examination from the EMTs at the scene. If they recommend an ambulance, it is in your best interest to listen to them and get additional care immediately. However, if you either choose to or are able to leave the scene on your own, you must absolutely schedule a follow-up appointment with your own physician for their earliest availability. This will both ensure that you receive the necessary care and will generate important documentation about your injuries that will be central to your personal injury claim that you will be able to file against the property owners’s insurance policy.
Contact an Attorney
Many people choose to initiate an insurance claim on their own before even consulting with a personal injury attorney. Filing a lawsuit is, in itself, a simple process, so it makes sense that people don’t think about hiring an attorney, but the process is designed as such to keep people from partnering with legal counsel. Insurance companies focus on one thing: settle for as little as possible. Your claim will be no different, no matter how pleasant the insurance adjuster is that you are working with, and no matter how straightforward the matter of liability may be When it comes time to calculate damages, insurance adjusters are trained to identify as many reasons as possible to limit the final settlement amount in order to protect their employer’s bottom line.
Contact Fasig | Brooks To Discuss Your Accident Today
Our law firm offers a free consultation for victims of premises liabilities and a range of other personal injury cases. During this consultation, we will be able to discuss the specifics of your accident and give you a clear understanding of how you can benefit from partnering with our award-winning team of personal injury attorneys. While we take on your insurance claim, you will be able to stay focused on your recovery and personal needs without the additional stress — all while knowing that you took the right steps to fight for the money you deserve, NOT just the money the insurance company would like to pay.
The sooner you contact us, the sooner we can work on reaching a settlement agreement that fairly compensates you for your injuries. You do not deserve to take on any of the financial burden of someone else’s negligence or recklessness.