Injured From Stepping in a Grassy Hole
It’s easy to get your foot caught in a hole in the grass. This could cause you to trip and fall. In some cases, this can lead to major medical problems. When this happens, it can often be difficult to know what to do next. Thankfully, you might be entitled to some legal compensation. Let’s take a closer look at how this will work.
Do Homeowners Need to Make Grassed Areas Safe?
When you get injured from stepping into a hole in the grass, the first thing that your personal injury lawyer will need to determine is whether the property owner owed you a duty of care. To do this, they’ll need to look at the circumstances in which the accident occurred. First, if there is a concrete walkway provided, they won’t have any obligation to maintain the grassed areas, as it’s expected that you’ll be using the path. On the other hand, a home owner's association or property mangers group will owe you a duty of care if you are visiting a relative. In this case, they will need to warn you about any holes in the grass.
Another important aspect that your lawyer will need to consider is whether you had any right to be on the property. Usually, a duty of care will extend to invitees. This means that the person would need to have expected you to be on the property. For example, friends or relatives who you were visiting. This also extends to store owners, if you were there to purchase a product. On the other hand, if you weren’t invited the other person might be able to argue that you were trespassing. If this is the case, they won’t need to pay you anything, unless their deliberate actions caused the injury.
Establishing premises liability is one of the most important parts of your legal claim. To do this, you’ll need to hire a skilled personal injury lawyer. They’ll be able to dig into the circumstances of the claim, determining who owned that patch of grass and whether they will be liable. Even if they aren’t, your lawyer might be able to suggest other avenues that you might be able to explore.
The Circumstances of the Fall
Your lawyer will also need to consider the circumstances that caused you to trip on a hole in grass. First, they’ll have to think about why you were walking on the grass. This is especially important if there was a usable concrete walkway nearby. In many cases, if a walkway has been provided the homeowner would be expecting you to use it. However, there might be times where it wouldn’t be appropriate to use the concrete path. For example, if you were taking your dog for a walk.
Your lawyer will also need to take your behavior into account. For example, if you could see the hole, but continued regardless, you might have contributed to the trip and fall. In this case, you might have your payment reduced, according to the percentage that you were to blame for the accident. They might need to consider how many times you have been in the area. If you were familiar with that patch of grass, it might be expected that you would be aware of the hole.
What to do After You Fall?
After you have a trip and fall into a grassy hole accident, there are a few things that you should do to give your case the best chance of success. First, you should talk to anyone who might have witnessed the accident. They will be able to sign an affidavit, telling the court what they saw. This can be a vital piece of evidence, showing that the accident occurred as you said it did. If there were multiple witnesses, try to get the details of as many people as people.
You might also want to take some photos of the accident scene. Most importantly, you want to document the hole. If you can, take a picture with your finger or ruler in it. This will give the picture scale. This can prove that the hole was a serious concern and something that the property owner should have been aware of.
It’s also important to report the accident. If you were seriously injured, you’ll need to call an ambulance. It’s best to stay in place until they arrive, too much movement might make your injuries worse. Generally, it will be easier for your lawyer to get a statement from a private ambulance company. But, once you file a lawsuit, the emergency personnel who attended the scene will need to give a statement. You might also want to request a copy of the 911 call and any medical reports that those who attended the scene might have filed. You should also call the property manager and report the hole. This will make them aware of the situation. It will also help make sure that no-one else gets injured by falling into the hole.
What Kind of Injuries Can You Get From a Trip and Fall Accident?
The type of injuries that you might experience will often depend on the way that you trip and fall. For example, you might throw out your arms to break your fall. This can sometimes result in getting a broken arm. Another common injury is landing on a hip, which can happen if you twist during the fall. If you get a broken bone, it can often take several months before you’ll be able to recover. In most cases, you’ll need to visit a hospital to get the bones set properly.
In rare cases, you will get more serious injuries. The most vulnerable part of your body will often be your head and spine. If you hit these during your trip and fall, it can be very serious. For example, you might develop a lifelong disability. This can mean mobility issues, leaving you in a wheelchair. In other cases, a head injury can cause you to develop mental problems. These are the most serious types of cases. As you’ll have a disability for the rest of your life, you’ll need to make sure that you get adequate compensation.
Even if you don’t feel like a big injury has occurred, you should still get checked out by a medical professional. In some cases, the adrenaline rush might be masking more serious pain. This can mean that more serious problems can get overlooked. For example, falls can often result in whiplash. If left untreated, this can limit your mobility, causing you to feel pain every time you turn your neck.
When you visit a doctor, you should make sure to keep your receipts. You will be able to add these to your claim later. These documents can also prove that your injuries are directly linked to the trip and fall. This can help your personal injury lawyer build a strong case.
What Can You Claim For?
After the trip and fall in a hole in the grass accident, it’s common for the bills to start mounting up fairly quickly. To pay for these expenses, it’s important to get a personal injury lawyer who will be able to get the maximum amount of compensation. Thankfully, there are many expenses that you will be able to claim.
First, you’ll be able to claim for any medical expenses. This can include treatment for any injuries that you received. It will also cover any medications that you needed to purchase. In some cases, you might not have finished treatment by the time that your lawyer needs to file a claim. If this is the case, they will need to estimate the expected costs of recovering from the injury. If you have an injury, they’ll need to consult with doctors to come up with an appropriate figure.
During your recovery period, it’s common to not be able to work. As a result, you’ll be able to claim for any wages, based on what you would have earned. If you were fired, you’ll be able to claim redundancy. It’s common for a serious trip and fall accident to cause some mental health issues. For example, you might need to go through a painful recovery. In other cases, you might develop depression or anxiety due to the stress caused by the accident. If this happens, your personal injury lawyer will be able to help you add pain and suffering to your claim.
To make sure that you’ll be able to claim for any medical expenses that you are owed, you’ll need to keep all the invoices and receipts that you received. This can offer proof of payment. You keep any medical documents that you have been given. This can prove that the medications that you paid for are directly related to the injuries that you got in the trip and fall accident. You might also want to keep a journal. This will help you document your journey, and your lawyer will be able to use it to help prove the mental suffering that the accident caused.
Will You Be Paid From Insurance?
You might want to consider whether the liable party has an insurance policy. Usually, this will be the case, especially if you’re dealing with a home owner’s association or other professional body. Generally, these funds will be covered for around 1 million. This should be enough to cover your injuries.
If you aren’t sure about whether they have insurance, your lawyer will be able to help you investigate. Under Florida law, if you send a letter requesting insurance information, the management company will need to respond, telling you what fund they are with.
In some cases, you might be contacted by someone working for the insurance company after the accident. They will typically ask you several questions about your health. This is usually designed to make you admit that your injuries weren’t as bad as you claimed. This can allow them to limit the payout. If this happens, you should contact a personal injury lawyer for advice about how to proceed.
How Long Do You Have To Bring Your Case?
In Florida, there is a statute of limitations. This is designed to limit the amount of time you have to act after a legal case. In most cases, you’ll have four years to bring a case involving bodily injury. However, it’s recommended that you talk to your lawyer before then. The quicker you get their advice, the more time they can spend helping you prepare a strong case. Often, it’s easiest to do this while the case is still fresh in everyone’s mind.
What If The Case Is Denied By The Insurance Company?
There are some times where you’ll find your case denied, but the insurance adjuster will investigate before denying the claim. This can be a disheartening result. However, it’s a fairly common technique for the insurance company to use. In most cases, denying the claim will be enough to convince someone to stop pursuing the action.
However, there are still some options that you might want to pursue. For example, you can talk to the adjuster and ask them to re-open the case. If that doesn’t work, your personal injury lawyer will need to file a lawsuit. Once the insurance company sees this, they will usually want to settle. This ensures that they won’t need to go to court, which can be a very expensive experience. If they still don’t pay the compensation you’re owed, your lawyer can help you settle the matter in the courtroom.
Contact The Injury Firm
Tripping and falling on a grassy hole can cause serious medical injuries, ranging from broken bones to lifelong disabilities. If this has happened to you, the road ahead can appear uncertain. Thankfully, you’ll be able to turn to The Injury Firm. Our team of experienced lawyers will be able to help you establish premises liability. We’ll also make sure that you get treated fairly, getting the compensation that you deserve. So, if you trip on a grassy hole, get in touch to find out how we can help.
