If I fell down my wet steps because of a leak in my building and sprained my ankle badly, what legal action can I take?
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If I fell down my wet steps because of a leak in my building and sprained my ankle badly, what legal action can I take?
I have a police report and I had to go to the ER.
Asked on January 14, 2012 under Personal Injury, New Jersey
Answers:
S.L,. Member, California Bar / FreeAdvice Contributing Attorney
Answered 12 years ago | Contributor
If you are not the owner of the building, the owner is liable for your injury. When you complete your medical treatment and are released by the doctor, obtain your medical bills, medical reports and documentation of any wage loss. Your personal injury claim filed with the building owner's insurance carrier will consist of these items. Compensation for the medical bills is straight reimbursement. Compensation for wage loss is straight reimbursement. The medical reports will document the nature and extent of your injury and will be used to determine compensation for pain and suffering which is an amount in addition to the medical bills.
If the case is settled with building owner's insurance carrier, NO lawsuit is filed. If you are dissatisfied with settlement offers from the building owner's insurance carrier, reject the settlement offers and file a lawsuit for negligence against the building owner. If the case is NOT settled with the building owner's insurance carrier, you will need to file your lawsuit against the building owner prior to the expiration of the applicable statute of limitations or you will lose your rights forever in the matter.
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