If I had a trip and fall outside my apartment due to negligence, can I be compensated for my injuries?

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If I had a trip and fall outside my apartment due to negligence, can I be compensated for my injuries?

I tried to avoid the carpet cleaning company’s hoses and ropes while carrying my 6 month old in her car seat. I missed the step and sprained my ankle very bad, shredding my ligaments in my ankle. I am out up to 4 weeks. I have to use all my personal paid time off. I am wondering if I am able to be compensated by either my apartments or the cleaning company?

Asked on May 19, 2015 under Personal Injury, Washington

Answers:

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

Answered 6 years ago | Contributor

You have personal injury claims against both your landlord and the carpet cleaning company.

You should notify in writing the landlord and the carpet cleaning company that you will be filing personal injury claims.

Prior to filing a lawsuit, it may be possible to settle the case with the insurance carriers for your landlord and the carpet cleaning company.

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 claims filed with the insurance carriers for your landlord and the carpet cleaning company should include these 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 both insurance carriers (landlord and carpet cleaning company), NO lawsuit is filed.

If you are dissatisfied with settlement offers from the insurance carriers, reject the settlement offers and file a lawsuit for negligence against the landlord and carpet cleaning company.

If the case is settled with one, but not both insurance carriers, only name the party with whom the case did NOT settle as a defendant in your lawsuit for negligence.

If your case is NOT settled, your lawsuit for negligence 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 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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