If you tripped, fell, and sustained an injury on someone else’s property, you may be able to seek compensation from the responsible party. A trip and fall lawyer determines who is liable for your damages and helps you seek reimbursement. Here are some differences between trip and fall accident claims on public versus private property:
Liable Party
Government bodies are responsible for keeping public spaces, such as parks, streets, and playgrounds, in good condition to boost patron safety. Those institutions must inspect and repair public areas to prevent accidents and address any hazards that could lead to injuries. If you were injured on public property, your lawyer argues that the government entity knew about and ignored the hazard. If the liable party was unaware, lawyers will argue that the governing body should have known about the hazard.
In private spaces, liable parties could be business and residential owners who fail to maintain the safety of their properties. Private property includes offices, homes, parking lots, and apartment complexes, among other areas. If the owner failed to address a hazard and you suffered injuries, they become responsible for your medical bills and rehabilitation.
Claims Process
If you trip and fall on public property, you may need to file a formal notice of claim. This notice must be filed with the government entity responsible for the space where the accident occurred. The complaint informs the state agency or city department that you wish to claim damages. Once you provide the notice, the government organization investigates the claim. They may check maintenance records and the condition of the accident site to gather relevant evidence.
For accidents on private property, you file a claim with the property owner’s insurance company. An insurer assesses whether the property owner was negligent and if this negligence contributed to the accident. By inspecting the site and reviewing paperwork, the insurance company determines the extent of their client’s responsibility. They will then offer you a settlement that you and your lawyer should examine carefully before accepting.
Evidence and Documentation
To determine negligence in public spaces, you can evaluate maintenance logs, inspection reports, and public records related to the condition of the property. These documents might be challenging to access, but a trip and fall lawyer can help you file formal requests to acquire evidence. Your attorney may also talk to witnesses to understand what happened and whether the government entity was aware of the hazard.
Your lawyer can request access to and view the security footage on private property to establish what caused your accident. They also check maintenance records and incident reports to determine if any previous events indicate a pattern of negligence. Statements from employees or customers who witnessed the accident are used to support the cause of the accident.
Insurance and Compensation
Many government entities self-insure or have specific insurance programs to compensate trip and fall victims based on their injuries. If you are injured, statutory caps may limit your reimbursement, reducing the amount of money you receive. Multiple departments must review your claim, which may extend the approval process for your settlement. If you aren’t satisfied with the settlement or your claim is denied, an experienced attorney gathers evidence to represent you in court against the government body.
Private property owners can purchase liability coverage to pay for slip and fall claims. Because private insurance policies don’t have statutory influence, you will receive payment depending on the severity of your injuries. Your compensation also depends on the policy limits of the liable party. If your settlement is unjust, your lawyer negotiates with the insurance company by presenting detailed medical records and testimonies that explain your financial needs.
Hire an Experienced Trip and Fall Lawyer
Whether you trip and fall on public or private property, an attorney can guide you throughout the process to reach a fair settlement. They can help you collect enough evidence and file paperwork to simplify the claim process. Call a trip and fall lawyer today for a case evaluation and advice on your next steps.
