Debris on step’s

Debris on step’s

Fell coming into the building where I live, lawn service was cutting bushes etc left a lot of debris on step’s, I was video taping my daughter outside after coming back from lunch noticed that the steps were covered in debris stopped the tape to assist my daughter up the steps so she would not fall, but fell instead reinjured my back and knee, I have had two surgeries on the same knee. Went to urgent care and they put me out of work for a week and diagnosed it as a right knee sprain. Pain meds given also P/T should be started after two weeks, and wear an knee brace until the symptoms improve.

Asked on May 19, 2016 under Personal Injury, Virginia


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

Answered 4 years ago | Contributor

You should inform the landlord'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 or are declared by the doctor to be permanent and stationary which means having reached a point in your 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 landlord based on premises liability.
If the case is NOT settled with the insurance company, your lawsuit against the landlord 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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