.2506231640141.jpg)
When you’ve been injured on someone else’s property, filing a premises liability claim may be the right choice to recover damages. However, the process can be complex. In fact, even small errors could jeopardize your ability to secure the compensation you deserve.
Whether you’ve slipped in a grocery store, tripped on a poorly maintained sidewalk, or sustained injuries from unsafe conditions on private property, avoiding these errors is critical to building a strong case. Below, we outline the key mistakes to avoid and provide guidance to help you protect your claim.
1. Failing to Report the Incident Immediately
Timeliness matters when it comes to premises liability claims. One of the most common mistakes injury victims make is failing to report the accident to the property owner, manager, or supervisor immediately after it occurs.
By reporting the incident promptly, you ensure there is an official record of the event. Many businesses or property owners have procedures in place for documenting incidents, and this report can serve as valuable evidence for your claim.
How to Avoid This Mistake
- Notify the property owner or business manager immediately.
- Request a copy of the incident report for your records.
- Document the date, time, and who you spoke with when reporting the accident.
2. Neglecting to Gather Evidence
Another critical misstep is failing to collect evidence at the scene of the accident. Premises liability claims rely heavily on proof to establish what caused the injury. Without sufficient evidence, it can become difficult to demonstrate the property owner’s negligence.
How to Avoid This Mistake
- Take photos or videos of the scene, including the hazardous condition that caused your injury (e.g., a wet floor, broken step, or uneven pavement).
- Document your injuries as soon as possible.
- Collect witness information, such as names and contact details, in case their testimony is needed to support your case.
3. Not Seeking Medical Attention Immediately
Even if your injuries seem minor at first, delaying medical treatment can not only affect your health but also harm your claim. Insurance companies may argue that your injuries are not as severe as you claim, or they may attempt to attribute your condition to a pre-existing issue.
How to Avoid This Mistake
- Seek medical attention right after the accident, even if you feel fine initially. Some injuries, like internal damage or concussions, may not present symptoms right away.
- Keep all medical records and treatment plans as evidence of your injuries.
- Follow through with your doctor’s recommendations to show that you are dedicating effort to your recovery.
4. Admitting Fault or Making Assumptions About Liability
After an accident, it is natural to feel overwhelmed, apologetic, or uncertain about what happened. However, statements like “I didn’t see the step” or “It was my fault” could jeopardize your claim. These comments may be used against you by the property owner’s insurance team to shift blame onto you.
How to Avoid This Mistake
- Limit your interactions with the property owner and their representatives to discussing basic facts.
- Avoid making any statements that imply fault or liability.
- Consult with a premises liability attorney to ensure your rights are protected before providing a formal statement.
5. Missing the Statute of Limitations
California law imposes a strict statute of limitations for filing premises liability claims. If you fail to file your claim within this time frame, you may lose your right to seek compensation entirely.
How to Avoid This Mistake
- In California, the statute of limitations for premises liability claims is generally two years from the date of the accident. However, this timeline can vary in certain situations, such as cases involving government entities or healthcare providers.
- Consult with an attorney as soon as possible to ensure your claim is filed on time.
6. Handling the Claim Without Legal Representation
And of course, one of the most significant errors is attempting to handle a premises liability claim on your own. The legal process is intricate, and insurance companies often try to minimize or deny claims. Without experienced representation from a premises liability attorney, you may be at a disadvantage.
How to Avoid This Mistake
- Partner with an attorney who specializes in premises liability cases. They can help gather evidence, negotiate with insurance companies, and advocate for maximum compensation.
- Focus on your recovery while your attorney handles the complexities of your case.
Protect Your Claim With a Premises Liability Attorney in Agoura Hills
Premises liability claims can be a lifeline for injury victims facing medical bills, lost wages, and emotional distress. Avoiding these common mistakes is essential to safeguarding the strength of your claim and securing the compensation you need to move forward.
At Effres & Effres, we’re committed to standing by injury victims in Southern California. With years of experience handling premises liability cases, we know what it takes to hold negligent property owners accountable. Our team works tirelessly to protect your rights and pursue the maximum compensation you deserve.
If you’ve been injured due to unsafe property conditions in a residential community or a commercial location, don’t wait.
Contact us today at (818) 222-9720 for a free consultation to discuss your case and learn how we can help.