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Questions that must be answered: Some lawyers do not know all the legal questions that must be investigated and answered to make sure you are fully compensated.
- How should I report my dangerous premises accident?
- Does it matter where I suffered my dangerous premises accident or the purpose of being on the property where it occurred?
- Should I take pictures of the accident scene?
- Is my dangerous or unsafe premises accident covered by insurance?
- Is there a possibility of workers’ compensation?
- What if I am partially at fault in the accident?
You should always report your dangerous premises accident, even if you did not report it immediately. Generally, the sooner you report the accident the better. You should write down the name, title, and address of the person you reported the accident to. Sometimes when you suffer a dangerous premises injury at a business, you will be asked to fill out an “incident report.” Although it is generally a good idea to document the dangerous premises accident, you should be careful before filling out any forms. Keep in mind that the form and questions may be worded so as to protect the business. If you fill out any report, request a copy of the report immediately. You should seek the advice of an experienced negligence lawyer to properly document your claim.
Does it matter where I suffered my accident or the purpose of being on the property where it occurred?
Under Pennsylvania and New Jersey law, there may be a different standard of care required of a property owner, depending on how the injured victim is classified. If the injured victim was on the business premises to potentially buy something or receive services, the victim may be considered a “business visitor.” If the injured person was a “business visitor” the duty of the owner would be to exercise reasonable care in maintaining the premises in a safe condition. The standard of care required to a business visitor, may differ from that of a “social guest” or “trespasser.” Determining which category describes your status on the property, often depends upon specific facts unique to each case and also requires an experienced negligence lawyer like Edith Pearce.
Should I take pictures of the accident scene?
Your goal is to record and preserve the scene of the accident and all the surrounding conditions as best as you can and make sure the incident is reported in order to make your case as strong as possible. Edith Pearce, an experienced personal injury lawyer, will send someone out to the scene of your accident immediately to take pictures in a professional manner to preserve the scene. That is why it is important to call an experienced Philadelphia negligence lawyer of Edith Pearce’s experience immediately.
If the property owner has a homeowners or commercial liability policy, generally your accident will be covered by insurance. Also, if your injury was determined to occur within the course and scope of your employment (while you were doing something for your employer), workers’ compensation insurance may apply.
Workers’ Compensation generally covers employees from injuries, which occur while working, and provides wage loss and medical benefits. Most people do not think of workers’ compensation coverage when they are involved in a dangerous premises or unsafe property accident. If your injury occurred on your employer’s parking lot, it is generally covered by workers’ compensation. Also, while generally injuries occurring off the work location are not covered by workers’ compensation, there are many exceptions. For example, where the employee’s duties included travel or where the employee was running an errand for his employer, workers’ compensation may apply. Other examples of dangerous premises accidents, which could be covered under workers’ compensation, include where the employee was on travel for the employer, even if not specifically involved in a work activity. Also, where the employee has no fixed place of work such as an office or building he reports to every day, a dangerous premises accident may be covered. Edith Pearce, an experienced Philadelphia negligence lawyer has the inside knowledge of working for an insurance company as an attorney and a defense firm for 10 years. She will be able to determine what insurance may apply to achieve the maximum compensation you deserve.
What if I’m partially to blame for what happened? Under Pennsylvania and New Jersey law, you may still recover damages if you are partially at fault, unless a judge or jury finds you to be more than 50% responsible for your own injury. In other words, if you were found to be 40% at fault, and the property owner was found to be 60% at fault, you can recover damages for your accident. This is known as “comparative negligence. There is no formula for arriving at a precise number for a person’s comparative negligence. You need an experienced negligence lawyer to negotiate for your settlement with an insurance adjuster or possibly argue your case to a jury at trial to discuss all of the factors that might have caused the accident.
These are just some of the complicated legal questions that must be addressed whenever a negligence accident occurs. The Pearce Law Firm is prepared to fully investigate your claim and all insurance options.
We are dedicated to protecting your rights and obtaining full and fair compensation for you.
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If you or someone you know has been injured in a negligence accident in Philadelphia or anywhere in Pennsylvania, please call us for a FREE NEGLIGENCE CONSULTATION.