If I slipped in a dirt lot on a college campus and I broke my leg, do I have a case?

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If I slipped in a dirt lot on a college campus and I broke my leg, do I have a case?

The main parking lot was full so we were directed to a dirt lot behind the main building. There were no lights and it was at night. It was so dark that I didn’t see a mud puddle and I slipped in it and broke my leg. I have a family of 7 and this has set me back. I just want my expenses covered.

Asked on February 20, 2012 under Personal Injury, Alaska

Answers:

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

Answered 9 years ago | Contributor

You could sue the college for negligence.  Prior to filing a lawsuit against the college, it may be possible to settle the case with the college's insurance carrier.

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 any wage loss.  Your personal injury claim filed with the insurance carrier for the college should include your medical bills, medical reports and documentation of any wage loss.  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 you are dissatisfied with settlement offers from the college's insurance carrier, reject the settlement offers and file your lawsuit for negligence against the college.  If the case is settled with the college's insurance carrier, NO lawsuit is filed.  If the case is NOT settled with the college's insurance carrier, you will need to file your lawsuit against the college prior to the expiration of the applicable statute of limitations or you will lose your rights forever in the matter.


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