Can I sue after falling on ice at an apartment complex?

I went to visit my daughter, parked my car and got out. While walking from car and getting ready to put foot on the sidewalk, I slipped on some ice and injured my knee. I went to hospital because it got worse in less than 5 minutes. They say I have a bruised keep called a “knee contusion”.

Asked on February 19, 2016 under Personal Injury, North Carolina

Answers:

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

Answered 4 years ago | Contributor

Prior to filing a lawsuit, it may be possible to settle the case with the landlord's insurance carrier.  Obtain the name and address of that insurance carrier from the apartment complex office and notify that 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 or are declared by the doctor to be permanent and stationary which means having reached a point in your medical treatment where no further improvement is anticipated, obtain your medical bills, medical reports, and documentation of wage loss.  Your personal injury claim filed with the landlord's insurance carrier should include those items.
Compensation for the medical bills 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.  Compensation for wage loss is straight reimbursement.
If the case is settled with the landlord's  insurance carrier, NO lawsuit is filed.
If you are dissatisfied with settlement offers from the landlord's insurance carrier, reject the settlement offers and file a lawsuit against the apartment complex based on premises liability.
If the case is NOT settled with the landlord's insurance company, your lawsuit against the apartment complex must be filed prior to the expiration of the applicable statute of limitations or you will lose your rights forever in the matter.


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