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. 


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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