In a perfect world, there would never be a need to file a personal injury claim because no one would be injured due to another’s negligence. In reality, people suffer life-changing injuries every day that could have been avoided if a business had acted appropriately. Worse still, it can be hard to get insurance companies to give out fair compensation to victims. At times, they can even prevent people from successfully filing a claim. At the Law Firm of Steve Watrel, P.A., we’ve worked with many victims of personal injury, and we can help make the best case for victims. Here are some things you should know about when you should file a personal injury claim against a business.
Many people assume that if they are hurt at a business establishment, they automatically have a successful case against the business owner. However, that’s not necessarily true. Being injured at a business is undoubtedly a good starting point, but other factors need to be considered.
One thing that many people don’t realize is that there’s a difference between a personal injury claim and a personal injury lawsuit. They’re both ways to try to receive payment for damages for an injury or accident. A claim is a process where you try to get money from the insurance company through the formal process. The insurance company will see your claim and make a settlement offer. This process is similar to what happens when you get in a car accident. Even if you only plan to file a claim for a personal injury, it’s a good idea to consult a lawyer to make sure you don’t agree to a low settlement offer.
A personal injury lawsuit is when the claims process isn’t working. This scenario happens when an insurance company denies a personal injury claim, thus saying it’s not the business’s fault. Or when they make a settlement offer that’s too low for compensation. In either event, having a lawyer on your side lets you effectively fight against the insurance company in court. The court can force the insurance company to pay the claim they denied or make them pay a larger amount to settle the case.
Whether you’re trying to get a claim approved or you’ve filed a lawsuit, the victim has to prove that the business is responsible for the injury. There are three essential elements of a personal injury lawsuit against a company for an accident, such as a slip and fall that occurs on the business’s property. First, you must show that there was a duty of care owed by the company to the customer. Second, the victim will need to show the business breached the duty of care. Finally, they have to show that the breach caused some harm.\
When a person has a business that’s open to the public, they have a duty of care that requires them to take reasonable precautions, so no one is hurt on the premises. That’s why being injured on a business’s property is a start for a personal injury claim or lawsuit. The cause of the accident will need to be considered. If you were climbing on the shelves and fell, that wouldn’t be the business’s fault. Courts require firms to do what’s reasonable, which is where much of the gray area comes into play. If you slip on a wet floor, the question becomes, did the business take reasonable precautions against that happening. Merely putting a wet floor sign in the area could be enough to remove any liability.
After proving that the accident was caused by negligence by the business owners, the victim needs to show the actual damage caused by the injury. If you fall in a store and the only hurt is your pride, you don’t have a claim to make. This is why it’s vital to keep records from doctor visits, missed days of work, and other expenses related to the accident. These are the harm that the business will need to compensate you for in the settlement.
As you can see, a lot of things go into getting compensation from an injury that occurs at a business establishment. The Law Firm of Steve Watrel, P.A., can help victims file a personal injury claim or lawsuit to ensure they get compensation to handle medical bills and other expenses. If you have questions about a potential personal injury case, send us a message online.