Slip-and-fall accidents are an unfortunately common occurrence. Did you know that about 1 million emergency room visits are because of slips and falls, according to the National Floor Safety Institute? Unsafe conditions on someone else's property can cause serious injuries that change your life.
These premises liability accidents can leave Arkansas residents with unexpected medical bills and losses. Thus, when property owners fail to keep their property safe or warn visitors about dangers, they may be held legally and financially responsible. You can get compensation for your injuries by filing a premises liability claim against the liable party.
Filing a premises liability claim in Arkansas means understanding how these legal cases work. In this article, we will break down the steps injury victims should take when filing a claim.
Property owners in Arkansas must keep their premises reasonably safe for visitors. However, it's important to note that just being on the property does not automatically make the property owner liable. The property owner's responsibility depends on why you were on the property.
The following are the different types of visitors considered in a premises liability case:
In a premises liability case, an investigation may be done to determine what type of visitor you were. If you were a customer or guest and weren't warned about property hazards, take the following steps.
Getting proper medical care should be your priority after any premises liability accident. Even minor-looking injuries can become serious problems if not treated.
Medical records are vital to your case because they connect your injuries to the accident, creating key evidence for your premises liability claim. You should follow your doctor's advice and go to all follow-up appointments.
Ask for copies of all your medical records, including:
These documents are the backbone of your claim for damages. Insurance companies often say that delays in treatment mean your injuries weren't serious. Quick medical care protects both your health and your legal claim.
Good documentation of where your accident happened can make or break your premises liability case. Take clear photos of what caused your injury with your phone. Photos help prove the unsafe conditions that caused your accident.
Another wise step is to gather information from anyone who saw what happened. Witness accounts can be very helpful if the property owner denies responsibility.
Make sure to record:
Consider making a voice recording describing what happened while it's fresh in your mind.
Reporting your accident creates an official record of what happened. It will help your case greatly if you get a copy of the official incident report before you leave.
Report the incident immediately to the appropriate person or entity:
One vital action to remember is this – do not incriminate yourself. Stick to the facts when explaining what happened to the property owners, but don't say anything that sounds like you're accepting blame.
Most importantly, don't give recorded statements to property staff or insurance adjusters without first talking to a Little Rock premises liability lawyer.
Keep everything related to your accident to strengthen your case. Don't fix or throw away damaged items like torn clothing or damaged electronics. These items show how serious the accident was.
Save all receipts for expenses tied to your injury, including:
Keep a daily journal noting your pain levels, limitations, and how your injuries affect your daily activities. This record provides strong evidence of your non-economic damages, like pain and suffering and emotional trauma.
Finding out who's legally responsible for your injuries is often more complex than it appears. You may need to look into property records to identify the actual owner. The property manager might be different from the legal property owners.
Also, several parties might share responsibility:
Finding out who is responsible can be a really big and difficult task for injured victims. Personal injury lawyers can relieve this burden by looking into all potentially liable parties to make sure no one escapes responsibility for your injuries.
Most premises liability claims begin with an insurance claim against the property owner's liability policy. After your accident, contact the right insurance company with basic facts about the incident.
Insurers typically ask for signed medical releases and recorded statements. We strongly advise against providing either without legal help.
Draft a detailed demand letter that includes:
Insurance companies almost always offer initial settlements that are much less than what your claim is worth. Look at any offer carefully, thinking about not just current expenses but also future medical needs and long-term effects on your life. Our attorneys have negotiated many premises liability settlements and can tell if an offer is fair.
We'll counter with a well-supported demand that accounts for all your damages, including:
Let Minton Law Firm handle these talks while you focus on getting better. Our experience with insurance companies gives us insight into strategies to secure compensation.
Sometimes, filing a premises liability lawsuit becomes necessary when insurance negotiations don't result in a fair offer. We'll prepare and file a detailed complaint in the right Arkansas court.
The lawsuit process typically involves these four stages:
Settlement talks usually continue throughout this process. Going to court can be intimidating to some people, but it's good to note that many cases can be resolved before going to trial.
Arkansas has a strict 3-year deadline for filing premises liability lawsuits. Generally, you lose all rights to compensation if you don't file within this period.
If you want to sue the Arkansas state government, you must file your claim with the Arkansas State Claims Commission. The deadline for filing follows the same time limits as if you were suing a private individual.
Some exceptions may "pause" the time limit in specific cases, such as when the injured person is a minor. Don't risk losing your right to compensation – contact a Little Rock premises liability lawyer soon after your injury.
Filing a premises liability claim in Arkansas can be complicated. State laws and insurance rules can make it hard to get the compensation you deserve, but having the right lawyer on your side can make all the difference.
At Justin Minton Law Firm, we handle all types of premises liability cases and have a strong record of winning fair settlements and verdicts. We offer free consultations, personal attention, and skilled negotiation with insurance companies. Plus, you don’t pay unless we win.
Contact our Little Rock team today. We can handle the legal work while you focus on recovery.
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