Injured at a business parking lot

UPDATED: Oct 1, 2022

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Injured at a business parking lot

I was a attending an event downtown and parked on the roadway and walked through
the bank to get to the event like everyone else does, and there was a section of
asphalt that was just put there maybe 2 weeks ago, and it was uneven, and as me
and my husband were walking down the slope I tripped and fell on my face on this
particular piece of asphalt. It had uneven edges to it that caused me to fall on
my face. I had to go to the ER the next day because I got sick. Ended up with
road rash, black eye, sprained wrist, bruised up knee and hip, and a sliced
finger. Can I sue the bank for negligence of the danger of the asphalt? Pain and

Asked on September 6, 2017 under Personal Injury, Ohio


S.L,. Member, California Bar / FreeAdvice Contributing Attorney

Answered 5 years ago | Contributor

Prior to filing a lawsuit against the bank based on premises liability, it may be possible to settle the case with the bank's insurance carrier.
Notify the bank's insurance carrier in writing that you will be filing a personal injury claim. 
When you complete your medical treatment and are released by the doctor, obtain your medical bills, medical reports, and documentation of wage loss. Your claim filed with the bank's insurance carrier should include those items.
Compensation for the medical bills is straight reimbursement.  The medical reports document your injury and are used to determine compensation for pain and suffering which is an amount in addition to the medical bills.  Compensation for wage loss is straight reimbursement.
If the case is settled with the bank's insurance carrier, NO lawsuit is filed.
If you are dissatisfied with settlement offers from the bank's insurance carrier, reject the settlement offers and file a lawsuit against the bank based on premises liability.
If the case is NOT settled, your lawsuit against the bank must be filed 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 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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