When Can You Bring an Injury Claim?

By |2019-09-18T17:02:12-04:00September 18th, 2019|Categories: PERSONAL INJURY LAW, Video Series|Tags: , |

The topic of this video is when can you bring an injury claim? Now the reason why I’m shooting this video using the injury claim a set of circumstances is that we’ve been having a lot of inquiries from people who have been injured but just don’t understand about exactly when they can bring an injury claim. So the purpose of this video is to explain the circumstance, Starcom stances under which you could actually have a viable claim to recover compensation. So in order to bring an accident claim, you need to have negligence or carelessness on behalf of the other party. Now when you’re talking about a car accident, that’s usually pretty easy to determine. In other words, the other person was driving a vehicle, was negligent and struck you, uh, in your vehicle or struck you while you were a pedestrian. So negligence is much easier to prove in a car accident claim.

But one where we’re getting a lot of confusion from potential clients is that they believe that simply because they were injured, they have a claim against a, for example, business. And we’re getting this, uh, getting a lot of calls about people that have slipped and fall or tripped and fallen. And so, uh, what, what again, I’m trying to explain is that there needs to be more than just an injury. In order to make that type of claim, there needs to be negligence. And when you’re talking about a trip and fall or a slip and fall, you need to show that the business was negligent in some fashion, that they had a duty to you, of course, that you were there lawfully. Of course, that’s usually pretty easy to determine, but they were somehow negligent. And the way that we prove that is that, uh, either they, uh, failed to maintain their property or there was a dangerous condition on the property and they failed to warn you.

So it’s more than just simply you were walking along the parking lot at a business and tripped and fell, or you walking through the lobby and tripped and fell and hurt yourself. You need to actually show that the business was somehow negligent. And the way you do that is, for example, if you’re in the parking lot and there was a pothole, well they didn’t maintain it. They didn’t fix the pothole. You didn’t see the pothole. Therefore they failed to maintain their parking lot. They failed to warn you that there was a dangerous condition, I. E. The pothole, you fell and therefore were injured as a result. That’s an example. Another example, we get quite a bit, uh, or sidewalks. Sidewalks are probably the number one cause of trip and falls, um, uh, at our office. And they come from uneven sidewalks. They come from cracks in the sidewalks and again, that’s goes to the failure, maintain the property and also the failure to warn you.

So for example, if the sidewalk is uneven, sometimes, uh, the owner of the property will be notified of that and they’ll come out and they’ll spray paint along that uneven sidewalk. And that’s to warn you while they, um, while they wait to fix it. But if they’re notified about that or they can plainly see that there is a crack or an uneven portion and they do nothing, then that could be negligence and we could bring a claim. So hopefully that answers some of the questions and, and um, dispel some of the confusion about when you can bring an accident claim. Again, you need to show that there’s some type of negligence, not just that you were hurt. It has to show some type of negligence on behalf, on behalf of the other party in order to recover compensation against them. And if you have any questions, feel free to contact our office with your scenario and we’ll do the best we can to answer it.

*The above has been transcribed by a third party service and has not been checked for accuracy

Contact a Personal Injury Attorney

If you or a loved one have been injured in an accident, then you should take the proper measures to ensure you receive the compensation you deserve. Contact St Petersburg Personal Injury Attorneys McQuaid & Douglas today and speak with an attorney. For over 60 years our firm has been successfully helping people who have been injured due to someone else’s carelessness. We have been nationally ranked for decades by US News and World Reports as a Tier 1 law firm, which is the highest ranking that can be received. Sean McQuaid and Jonathon Douglas have dedicated their careers to continuing the firms legacy of superior legal representation.

Remember that we never charge a fee, unless we win. Call us today at 727-381-2300 so that we may answer your questions, help you navigate the complexities of insurance claims, and recover the compensation that you deserve.

We work hard to make sure each and every client gets the attention that they deserve. We appreciate feedback from our clients and reviews are validation of our work. Every 5-star review that we receive lets us know that our services were appreciated by our clients.

St Petersburg Personal Injury Attorneys McQuaid & Douglas
5858 Central Ave suite a, St Petersburg, FL (727) 381-2300
5 out of 5 based on 20 reviews

Sean McQuaid and Jonathon Douglas were voted best personal injury attorneys in Saint Petersburg, Florida for 2019.

Contact Us Today