If you suffer an injury from an accident on someone else’s property, taking the proper steps to document and report the incident is important. Doing so correctly can help protect your rights and ability to recover damages if the property owner was potentially negligent.
Craig Rosenbaum, one of the experienced premises liability lawyers in NYC, shares these key steps after an accident on another’s premises.
Get Medical Help For Your Injuries
Your health should always be the top priority after an accident. According to the National Safety Council, four deaths and 1,119 medically consulted injuries tragically occur every 10 minutes in the U.S. due to preventable incidents. Don’t delay in getting medical help, even if you believe the injury is minor. The full extent of injuries isn’t always immediately apparent. Prompt treatment also helps document the incident.
After Suffering an Accident, Notify the Property Owner
Please inform the owner of the property where the accident occurred as soon as reasonably possible. Provide basic details like your name, contact information, time/date, and a brief description of how the accident happened and the injuries sustained. Formal notice about the accident starts the clock on their insurance claim process and ensures they preserve evidence.
Take Photos and Gather Other Evidence
Take photos and videos that capture the accident scene, any dangerous conditions, and your injuries. Also, look for potential eyewitnesses and get their contact information. Documentation will be crucial to show exactly how the accident happened and who or what caused it. According to premises liability case data, plaintiffs have just a 39% trial success rate, so strong evidence is key.
Report the Accident to the Police
Even if emergency responders like paramedics were already called to the scene, you should still report the accident to the local police department. An official police report created contemporaneously with the incident often carries significant evidentiary weight. The report can include the officer’s observations about dangerous conditions on the property. And their accident investigation procedures may uncover additional evidence.
Consult a Premises Liability Attorney
Speak with a premises liability attorney as soon as possible after the accident. An experienced premises liability lawyer can fully investigate the circumstances that caused your injuries. Based on those details, they can also advise you on your legal rights and options. This is especially important if the property owner denies responsibility or refuses to compensate your damages.
Preserve All Records Related to Your Accident
Keep complete records of the accident, your injuries, and all resulting expenses. This includes medical reports, bills, insurance claims, pay stub records showing lost wages from missed work, rehabilitation costs, receipts for property damage, or other out-of-pocket accident costs.
Comply with Property Owner Insurance Requests
The property owner’s insurance company will likely ask you to provide recorded statements, signed authorizations to release medical records, and additional documentation to process your claim. Speak with your attorney to understand your rights and responsibilities when dealing with insurers.
By promptly taking these steps after an accident, you can document the incident, get needed treatment, and protect your legal rights. With 227,039 Americans tragically dying from unintentional injuries every year, it’s crucial to know how to respond if you become a victim. Reporting things properly improves the chances of identifying negligence and obtaining compensation for your losses.
