When a business can be sued for personal injury
When you walk through the doors of a business, you expect that you will be in a safe environment whether you are there to work, visit, or as a customer. It can be very upsetting to get injured at a business and if you have experienced an accident you are probably wondering whether or not you should see the company.
There are some cases in which you should sue a company at which you were injured. However, there are a few important steps you should take before you ever file a personal injury suit.
What to do when the accident happens
Documentation is the key to making a successful insurance claim. You want to make sure you have a record of everything to do with your accident.
If you are hurt at work
If you are injured at work tell your supervisor right away and go to the doctor. You will probably have to go to a physician covered by Worker’s Compensation. You should make sure to fill out a workplace accident report. Some employers may tell you that this is not a requirement, but you must fill it out and ask for a copy.
You will then file a claim with the Worker’s Compensation office in your state. If they deny your claim you can appeal it. It is very hard to sue a company that carries worker’s compensation insurance unless you can prove that they intentionally hurt you.
If you were injured while visiting a business
Sometimes business owners and property owners are negligent. You may slip on spilled food or trip over equipment that has been left out by a maintenance worker. Homeowners and businesses are expected to carry insurance that will cover injuries on the property. If they do not have insurance, refuse to give you their insurance information, or if you are denied insurance money for your injuries, you may have to sue.
If you are injured while visiting a business, tell a manager and fill out an accident report. Ask them for their insurance information. Go to the doctor immediately as well.
You should save every medical bill that you get. You should also obtain a letter from your employer stating the amount of time you have missed off work. If you require maid service, save your receipts from your payments.
Call the companies insurance company as soon as you can. They will ask you a lot of questions and some of the questions may be designed to trip you up. Do not let them push you into answering anything. If they ask to tape-record your answers, but you do not have to let them.
The insurance company will request that you send them all the documentation that you have of the accident. They will review your case and approve or deny your claim. If they approve your claim, they will make you a settlement offer and that offer is likely to be rather low.
If the settlement offer is too low, you will want to contact a personal injury attorney. You will not sue your insurer at this point, but the attorney may be able to work out a deal with the company.
Normally, the insurance company will make you a better offer at this point. If they do not, you may want to file a lawsuit. You can sue as long as the statute of limitation in your state has not expired. The state of Florida has a rather large window for personal injury suit, you will have 4 years to sue for damages.
Businesses have insurance to protect them if anyone hurts themselves on the property. The folks at 1-800-Injured can find you a highly qualified attorney who can get you the money you need to move on with your life.