You got injured in Woodburn. Perhaps you slipped and fell while shopping in a store or you tripped and fell at a friend’s home and hurt yourself. No matter where the incident occurred, now it’s on you to prove negligence so that you can hopefully get the settlement you deserve. Here’s how negligence is proven, as well as the steps you should take once you become injured.
Proving Negligence in a Premises Liability Case
There are four elements you’ll need to prove negligence in a premises liability case in Woodburn. They are duty of care, breach of duty, causation, and damages.
Essentially, you’ll have to show that the owner of the property, or occupier, had a duty of care to protect people on the property from becoming injured. They failed to do this, knew about a hazard, and did not fix it. This breach of duty led to your injuries, and you suffered damages like medical bills, lost wages, damage to your property, etc.
What You’ll Need to Prove Negligence
You will need evidence to show there was negligence in your premises liability case. Evidence can come in the form of video footage, photos of the scene of the accident, your visible injuries, and damage to your belongings, along with witness statements from people who saw what happened. It’s also important to collect your medical records to show that you were injured and went to the hospital for treatment.
Steps to Take After Getting Injured
After getting injured, make sure you stick around and collect that crucial evidence. File a report with the store owner or property owner, get a copy of the report, and then go to the hospital right away. You’ll need to stay on top of your treatment, which could include going to specialists for follow-up appointments and taking medicine. If you aren’t vigilant about your recovery, it could look like your injuries aren’t that serious.
When the insurance company calls you, make sure you don’t say too much. If you say you were injured or go on record with a recorded statement, this could be used against you later on. And, of course, don’t accept the settlement they offer you. It’ll be too low. Even if you think it’s suitable, your injuries could get worse, and your medical bills could increase. You wouldn’t be able to go back and request a higher settlement. You’d get stuck paying your bills. Instead of accepting that settlement, get in touch with a personal injury attorney instead.
Working With a Personal Injury Attorney
A personal injury attorney will offer you a free consultation, and will only charge you an agreed-upon fee if they can get you a settlement. They will negotiate with the insurance company and fight hard to get you the settlement that’s rightfully yours. Then, you can focus on healing, which is what matters during this time. Make sure you find an experienced personal injury attorney with excellent case results to back up their work.
Contact Zbinden & Curtis Today
Zbinden & Curtis, a Portland personal injury law firm, cares about accident victims, and we’re ready to help you with your premises liability case in Woodburn. We fight tooth and nail for our clients to get them the settlement they deserve in their time of need.
Contact us today to learn more by calling (503) 287-5000 or contacting us on our website for a free case evaluation. We look forward to assisting you.