[lmscott]

What can I do about an injury that occur on pvt. Property. The injury happen on their sidewalk, they don't not remove ice and snow. We'll need help bills. What should I do?

[nikosmom]

Why were you on their property- Were you there with permission? If they were negligent, then you could file a claim against their homeowner's policy. But we'd need more info about the situation to give you accurate advice.

[stargazer1]

If they are negligent then you can file for a slip and fall case. However, before you can file such case you need to consider a lot of things/elements. You have But mind you, you are on a private property? Were you there for a purpose? It would be better to consult a lawyer.
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Slip and fall lawyers

[JudyKayTee]

Why were you on their property- Were you there with permission? If they were negligent, then you could file a claim against their homeowner's policy. But we'd need more info about the situation to give you accurate advice.

I'm an accident investigator - this is not correct. You do not need permission to be on property in order to file a claim.

Yes, write a letter to the property owner (certified mail), asking them to turn it over to their insurance carrier. They will request information about your financial losses and injuries.

Several factors enter into responsibility depending on your State and your State's attitude toward slip and fall accidents - I am not going to go into them right now because I don't know where you are.

[JudyKayTee]

If they are negligent then you can file for a slip and fall case. However, before you can file such case you need to consider a lot of things/elements. you have But mind you, you are on a private property? Were you there for a purpose? It would be better to consult a lawyer.
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Slip and fall lawyers

This is incorrect legal advice - you do not need to be on private property and you do not need to be there for a "purpose" in order to file a claim. You DO need to prove negligence.

I have no idea why you continue to post the same site for "LA Attorneys" when you don't know where the OP lives. What is your connection with that particular firm?

[stargazer1]

I'm an accident investigator - this is not correct. You do not need permission to be on property in order to file a claim.

Yes, write a letter to the property owner (certified mail), asking them to turn it over to their insurance carrier. They will request information about your financial losses and injuries.

Several factors enter into responsibility depending on your State and your State's attitude toward slip and fall accidents - I am not going to go into them right now because I don't know where you are.

If the injured victim was on the premises with illegal purpose and got injured, would you think he would have the right to claim for the expenses he incurred?

Would there be a problem if I continually post for the site?

[JudyKayTee]

If the injured victim was on the premises with illegal purpose and got injured, would you think he would have the right to claim for the expenses he incurred?

Would there be a problem if I continually post for the site?

Yes, a person who is injured on private property most definitely has a right to file a claim. If property is unsafe and there is negligence that caused an injury that overrides why the person is there. Obviously if you break a window and cut your hand, then that's another situation. This is a slip and fall on ice.

I don't know what you mean by a problem if you continually post for the site - ?

What is your connection with the LA law firm?

[ScottGem]

There have been cases of burglars successfully suing a homeowner fr an accident that occurred during the commission of the burglary. So the issue is the negligence of the homeowner not the prupose the victim had on the property.

[excon]

If the injured victim was on the premises with illegal purpose and got injured, would you think he would have the right to claim for the expenses he incurred?

Hello gazer:

What he's there for has nothing to do with the owners negligence. Of course he'd have the right to file a claim.

Are you going to keep on guessing about the law?? If you do, you're going to keep on getting crap about it. We don't GUESS here. Our customers want the STRAIGHT stuff, and we DELIVER. We deliver, because we DON'T GUESS.

Would you want legal advice from a website where they guessed?? I don't think you would.

excon

[nikosmom]

I'm an accident investigator - this is not correct. You do not need permission to be on property in order to file a claim.

Correct, you don't have to have permission to be on property to file a claim but the circumstances could affect if the insurance will pay out.

I just handled a case where a boy got hurt on a client's property and the parent wanted to sue. In the end, the fact that he was on her property without permission (he'd been told to stay out of her yard) coupled with no proof that she was negligent in any way played into the claim being denied. That is why I asked more about what he was doing there. In the case I mentioned, it was a mischievous teenager that got hurt because of his own actions. I asked more about what happened because a slip 'n fall isn't always a cut and dry answer.

I defintely agree that an investigation will be done regarding the financial losses and claim history of the OP. Every case is investigated individually but right now I've noticed that cases are being examined even more closely than before because with the rough economy, there are more fraudulent claims.

[JudyKayTee]

Correct, you don't have to have permission to be on property to file a claim but the circumstances could affect if the insurance will pay out.

I just handled a case where a boy got hurt on a client's property and the parent wanted to sue. In the end, the fact that he was on her property without permission (he'd been told to stay out of her yard) coupled with no proof that she was negligent in any way played into the claim being denied. That is why I asked more about what he was doing there. In the case I mentioned, it was a mischievous teenager that got hurt because of his own actions. I asked more about what happened because a slip 'n fall isn't always a cut and dry answer.

I defintely agree that an investigation will be done regarding the financial losses and claim history of the OP. Every case is investigated individually but right now I've noticed that cases are being examined even more closely than before because with the rough economy, there are more fraudulent claims.

You just handled a case? Are you an Attorney?

I can only address NY - but in the case you cite the fact that the boy was told to stay out of the yard and did not would not come into play. The lack of negligence is the ONLY factor that matters. Again - a teenager hurt by his own actions and nothing else has no claim; a teenager hurt because of negligence does.

I have no opinion on fraudulent claims - I work for Plaintiff's Attorneys and it's rare indeed for me to uncover fraud. I have no idea about the claims submitted directly to the insurnance company because a very small percentage of what I do is for insurance companies.

Also - the claim history and financial loss/status of the injured person should have no place in the evaluation of a legitimate claim. Those factors do NOT matter in NY and, in fact, if it goes to trial, the Judge will not allow such "evidence."

Maybe we're saying the same thing, just phrasing it in different ways - ?

[nikosmom]

You just handled a case? Are you an Attorney?


Maybe we're saying the same thing, just phrasing it in different ways - ?

I work in insurance that is what I meant. I am not an attorney nor do I play one on TV. :)

Yes, I think we are on the same side, but different phrasing.

This boy's parents thought they were in the right solely because of where he was hurt and of course that wasn't the case. Our client was in no way negligent so the claim was denied. So yes, we are on the same page JKT, the root is negligence. Was the property owner negligent?

Years ago I [personally] was involved in a slip and fall and the insurance company delved into my history to try to build a case against me. I understood that they also had to be sure that they were paying for only this incident not for pre-existing injuries. Of course that didn't go as far as trial and since my claim was legitimate, it was handled through mediation. So it does come up; but these were things that came up before anyone set foot into a courtroom. I understand once reaching trial, those things would not considered for the current case.

[JudyKayTee]

I work in insurance that is what I meant. I am not an attorney nor do I play one on TV. :)

Yes, I think we are on the same side, but different phrasing.

This boy's parents thought they were in the right solely because of where he was hurt and of course that wasn't the case. Our client was in no way negligent so the claim was denied. So yes, we are on the same page JKT, the root is negligence. Was the property owner negligent?

Years ago I [personally] was involved in a slip and fall and the insurance company delved into my history to try to build a case against me. I understood that they also had to be sure that they were paying for only this incident not for pre-existing injuries. Of course that didn't go as far as trial and since my claim was legitimate, it was handled through mediation. So it does come up; but these were things that came up before anyone set foot into a courtroom. I understand once reaching trial, those things would not considered for the current case.

Yes, we're definitely on the same page here. I, of course, have nothing to do with negotiations with the insurance company and only know how the law firms work. I often run into insurance adjusters when I'm working and last week I held a tape measure for one of them (so I am in his photos) and then he held the tape measure for me (so he is in my photos). I figure the insurance company will be puzzled by that one!

Remind me the next time I get a rough assignment to pick your brains!

I am also frequently amazed at how high an insurance company will go to settle instead of try a case - and that's a flaw in the legal system. Sometimes the nuisance value is very high (and people realize it).

[nikosmom]

Remind me the next time I get a rough assignment to pick your brains!

I am also frequently amazed at how high an insurance company will go to settle instead of try a case - and that's a flaw in the legal system. Sometimes the nuisance value is very high (and people realize it).

Pick away-- just leave a little for me. :)

You're right, it's often easier for the insurance company to settle rather than go to trial because the ultimate fear is will they have to pay settlement AND legal fees!

I think because of the nuisance value, many people make auspicious claims hoping to gain. That's what I was saying earlier, we are seeing more cases where someone is trying to gain even if they aren't entitled.

In the case of OP, we know nothing about the situation since he hasn't reposted to tell us what happened. But yes, he can file a claim and perhaps get his medical expenses taken care of through a coverage called Medical Payments. Any liability claim would be investigated.