1. Reason You Were On The Property

One of the most important factors to consider before filing the premise liability claim is why you were on the property. It decides whether the homeowner is responsible for safety or not. The presence of a person on someone else’s property is divided into three categories. 

• Invitee: This refers to a person invited by the homeowner for a lawful purpose, such as consulting on construction work at the home.
• Licensee: These are individuals who are on someone’s property for their own reasons but with the owner’s permission. For instance, friends are allowed to use the yard for a BBQ party.
• Trespasser: Trespassers are individuals who were neither invited by the homeowner nor have permission to enter the home. 

As you can see, the difference is that the invitee and licensee are individuals who have permission to enter the home. In such cases, it is the homeowner’s responsibility to provide a safe environment to prevent accidents.

If the homeowner fails to provide a safe environment to an invitee or licensee and an accident occurs, they are held accountable. On the other hand, trespassers who are not invited by the homeowner typically can’t hold the owner responsible for safety. 

2. Business Vs. Residential Property

Another crucial consideration for premise liability claims is the type of property where the accident occurred. A business property should prioritize security at a high level as it accommodates numerous people.

Residential property owners also bear the responsibility of providing a safe environment for invited individuals. However, residential homeowners can’t be accountable for maintaining the same higher standard of security as business owners. 

3. Identifying Responsibility

Experiencing an accident on someone else’s property doesn’t automatically make them accountable. An important factor to consider is who was at fault and whose negligence caused the accident.

For example, if you attend a party at someone’s home and decide to swim in the pool despite knowing you’re not a proficient swimmer and get injured, the homeowner may not be at fault. In this case, the homeowner could use your lack of swimming abilities against you.

What Damages Can You Recover With Premise Injury Claim?

The compensation you can recover in a premise injury claim depends on the severity of the injury. If the injury is severe and prevents you from working, you’ll receive compensation for medical expenses, loss of income, and your pain and suffering.

Minor injuries on someone else’s property that don’t require hospitalization or hinder daily activities won’t result in significant compensation. Here’s the detailed list of damages that can be recovered:

• Medical expenses
• Loss of wages
• Loss of future earning capability
• Pain and suffering
• Property damage

2. Payment Plan 

The next option you’ve is to ask for a payment plan. It simply means that you can’t afford lump sum payments of medical bills and want to pay in installments. This is the best way as you can make monthly payments over a set period.

However, it’s important to note that not all hospitals offer this, and the ones that offer might have high interest rates. So be sure to check the terms on the payment plan agreement, as well as the interest rate. If you find the terms unfavorable, don’t hesitate to negotiate.

3. Medicaid 

Like many other states, California offers a Medicaid program to help residents who struggle with medical bills. Remember, not everyone qualifies for the program, because the government has established specific criteria for eligibility. Here are the key points:

• Income Criteria: The yearly income of the household must fall below the following amount:
  • $19,392 for one people 
  • $26,228 for two people 
  • $33,064 for three people 
  • $39,900 for four people
  • $46,737 for five people 
  • $53,573 for six people
  • $60,409 for seven people
  • $67,245 for eight people 
• General Criteria: You can read about the general criteria below, these are the people who are eligible for Medicaid program: 
  • Older people age 65 or old
  • Pregnant women 
  • A person who’s disabled or has a family member with a disability 
  • Someone responsible for 21 years old or younger child

4. Getting Some Help 

In case you don’t have an insurance plan, can’t pay the installments, or are also not eligible for Medicaid, the only thing left is the help from family or friends. 

You can contact your family members or friends and ask for help paying the bills. 

5. Paying Bills With A Loan 

The last option to deal with medical bills for personal injury cases is getting medical loans. However, these loans come with high interest rates.

So carefully review the terms and conditions to ensure they are the right choice for you.

Calculate The Loss For Self-Employee

Calculate how much you used to earn on average yearly by checking the bank statement of the last few years. Divide the yearly income by the days you work in a year to find out the daily earnings. Multiply the daily earnings by the days you didn’t work due to injury. 

Here’s an example: 

Average yearly income: $60,000

Number of days worked in a year: 300 days

Total days you’ve missed at work due to injury: 15 days 

$60,000 (yearly income) / 300 (working days) = $200 (per day earning)

$200 (per day earning) x 15 (days you’ve missed at work) = $3,000 (Total loss).

Calculate The Loss As Per Hourly Job

If you’re employed on an hourly basis, begin by determining your pre-accident hourly wage. Then, calculate the number of hours you missed due to the accident. You can find this by finding the daily working hours and multiplying by the number of days you’ve missed at work.

Here’s an example:

Pre-accident hourly wage: $15 per hour

Average working hours per day: 8 hours

Number of days missed due to injury: 5 days

(To calculate the hours missed, multiply the daily working hours by the number of days you were absent at work).  

8 hours (daily working hours) x 5 days = 40 hours

(If your pre-accident hourly wage was $15 per hour and you missed 40 hours of work, the calculation would be):

$15 (per hour earning) x 40 (hours you’ve missed at work) = $600 (Total loss).

How Long Does It Take To Get Lost Wages From A Car Accident?

The duration of recovery from lost wages from a car accident varies depending on the specifics of the case. If the case is complex and both parties have strong evidence and don’t want the settlement, it could extend over several months or even longer.

Alternatively, the case can also end in a few weeks if one party accepts the claim of the other one. However, it’s crucial to note that you also need time for the case investigation, gathering proof, and medical evidence. 

If you live in any other estate, research state laws regarding personal injury claims against government entities. Under the Federal Tort Claims Act (FTCA), certain conditions must be met to hold the federal government accountable:

• The injury or property damage must be caused by the employee.
• The employee must have been acting within the scope of duty.
• The employee’s actions must have been negligent.

The same case is for the California Tort Claim Act (CTCA), which also has some conditions. Besides these conditions, both acts require the victim to provide documented evidence that supports their personal injury claims.

• A dangerous accident occurs on public property.
• If the accident was caused by an employee.
• The employee was acting within the scope of duty.

Statute of Limitation For FTCA & CTCA 

The statute of limitation means the duration of time a victim can claim for personal injury or damage. According to the Federal Tort Claim Act (FTCA), victims have a two-year time limit from the date of the accident to file their claim.

Similarly, the California Tort Claims Act (CTCA) also imposes a two-year time limit. However, there’s a crucial point: victims must inform the federal or local public entity timely (within six months) with a written application detailing the injury or financial damage incurred.

Can I File A Personal Injury Claim Against The Government Without A Lawyer?

Yes, you can file a personal injury claim against the government without a lawyer, a process called Pro Se, but you might face a lot of issues. Personal injury cases require evidence, investigation, and a deep understanding of legal principles. 

Without knowledge of the basics of law and how to present a case with strong evidence, you may struggle to persuade the opposing party. This is why it’s important to hire a personal injury lawyer. They can take the burden from your shoulders and ensure you succeed. 

Investigation Process

The job of the claim adjuster begins with the investigation of the accident case. The claim adjuster thoroughly checks all the evidence, your statement, and the CCTV footage videos of the accident scene.

After gathering the evidence the claim adjuster may also ask you for an interview to gather your perspective on the accident. You will be asked to provide the medical bills, proof of loss of wages, and your overall financial loss.

Assessment of Compensation 

The evidence you’ve provided to the claim adjuster will help understand the seriousness of the accident and how much you’ve suffered. Then they’ll assess a compensation amount according to their policy and the case details. 

It’s important to be aware that sometimes insurance companies try to shift blame onto the victim, undermining their confidence in the case. If you find yourself in this situation, it’s advisable to seek legal representation from a personal injury lawyer to negotiate on your behalf.

The Decision For The Claim

In the last step, the insurance company makes a decision regarding the validity of your personal injury claim. Upon confirming the legitimacy of your claim, they will compensate you for your losses or deny the claim.  

If you think the insurance company did an injustice by denying your claim you have the right to appeal. In case the appeal is unsuccessful, you can take the case to court. In court, a judge will determine responsibility for the accident and whether your claim is justified.

3 Proven Tips To EnSure You Receive Rightful Compensation

Here are a few tips that we suggest the injury victims follow to receive rightful compensation. By following the tips you can increase the likelihood of receiving the fair compensation you deserve for the personal injury claim.

• Document Your Case: Timely documentation of the accident is a crucial point. It’s best to complete this task within 24 hours of the incident, as evidence from the accident scene can quickly vanish over time. 
• Keep Records of Your Financial Loss: You should always keep records of your finances. The evidence that can be used to prove loss are hospital bills, proof of lost wages, damage to your vehicle or property, and other related expenses.
• Don’t Accept Early Offers: It’s common for insurance companies to offer lower settlements after investigating the case. You should not accept these early offers without consulting the case with an experienced lawyer.

2. Client-Centered Approach

If your lawyer’s approach is client-centric, congratulations as you’ve found the best lawyer for the case. You can easily find out about the client centric approach during the consultation period of the case. 

Ask questions like how the lawyer will handle your case, update you, and the services they offer. The answer to these questions will tell how good a lawyer is, whether they’ll be able to provide exceptional service or not. 

3. Strong Communication Skills

Effective communication is a non-negotiable attribute for a good lawyer. Many lawyers lack the ability to listen attentively or provide clear solutions during consultations, which is a clear red flag most individuals avoid. 

If you’ve noticed the red flag of lack of communication it’s best to not hire the lawyer. Hiring someone who struggles to communicate effectively can easily jeopardize the success of your personal injury case.

4. Availability of The Lawyer & Team 

The fourth indication of a skilled lawyer be it a personal injury or any other area is the availability. Remember you’re not only the victim of the case but also a client to the lawyer. Therefore, it’s the lawyer’s responsibility to be accessible and responsive to your concerns. 

If your lawyer isn’t available, there should be someone else from their team whom you can turn to for assistance. In our Law Firm at MCCRARY we offer 24/7 free case evaluation for our clients, and a free consultation for the first time. 

5. Compassion For Your Case & Fee 

Another important sign you should look at the lawyer is how much compassion the lawyer has for your loss or it’s only about the case. A lawyer who’s spending time understanding your loss, and offering the solution is likely to provide a better service.

Also, don’t forget to consider the fee structure. Opting for lawyers who handle cases on a contingency fee basis can be advantageous. This arrangement not only shows lawyer confidence in the case’s success but also relieves you from the burden of hefty upfront fees.

2. Assist Determining Settlement Amount 

Personal injury lawyers also help determine how much compensation you should seek in a settlement. They carefully examine all the details of your case, such as medical records, car repair bills, and hospital records.

After reviewing every aspect of your case, lawyers provide advice on the appropriate amount to request as compensation. Lawyers ensure that the claim is neither excessive nor insufficient but accurately reflects what you’ve lost.

3. Negotiate On Your Behalf

In almost every personal injury case, the other party’s lawyer or the insurance agent proposes settlement offers, which isn’t a problem if the offer is fair. The issue with these initial offers is they tend to be the bare minimum.

Insurers or lawyers may attempt to shift blame to you or claim the settlement amount is unreasonable. This is where having a lawyer can help as they’ll negotiate on your behalf based on evidence and secure a fair settlement.

4. Help Gathering Evidence 

One of the biggest challenges for accident victims who want to represent themselves in court without hiring a lawyer is gathering evidence. Not everyone knows which evidence can be helpful in the case and how to collect it effectively.

However, with a lawyer by your side, this hurdle becomes much easier to overcome. Lawyers have the expertise to identify the types of evidence important to your case, whether it involves obtaining CCTV footage, capturing post-accident photos, or securing witness statements.

5. Present Your Case Professionally

After guiding you through the legal process, determining the settlement amount, and gathering evidence, personal injury lawyers also present your case in court. This is a crucial aspect of their role, as it influences your chances of winning the case.

It’s an important process because the opposing party will also have legal representation advocating on their behalf. If you don’t have a lawyer, your claim may be vulnerable to counterarguments, which will potentially weaken your case.

6. Peace of Mind For Accident Victims

The last and most important reason to hire a lawyer for a personal injury case is for peace of mind. Having a lawyer by your side means you won’t have to worry about the legal process anymore. Your lawyer will always be there to provide guidance and support.

Many lawyers in Northern California operate on a contingency basis, adding to your peace of mind. This means you don’t have to concern yourself about paying upfront fees. Instead, your lawyer will receive a percentage of the settlement amount (only if they win your case).

3. Evidence To Prove Negligence 

In a personal injury claim, the victim demands compensation from the party who is responsible for the accident. However, you can’t just simply allege someone guilty of the accident without strong evidence. 

The evidence of proving negligence depends upon the case. For example, in the case of a machine malfunction, a report regarding the machine’s condition is needed. If the accident resulted from a driver’s negligence, witness statements or CCTV footage are important.

4. Victim Statement 

Along with the evidence mentioned above, you should also attach the victim’s statement (your statement). The statement will detail your perspective about what happened before or during the time of the accident. 

It’s a crucial part, so ensure to include all details while recording the statement. For a comprehensive statement, legal experts suggest taking notes of the memories of the accident. This is because it’s common for victims to forget the details after some time.

5. Police Reports 

The first government official who comes to the injured person is typically the police. They arrive at the accident scene to document the incident, capture photos, and videos, and obtain victim statements. 

After acquiring all of these details, police create a detailed report. This report can be helpful to prove your claim as it includes every little detail. You can take the report copy by visiting the police department and paying between $15 to $20 fee (depending upon the type of report).

6. Evidence of Financial Loss 

The sixth important piece of evidence that could be helpful for the personal injury claim is the proof of financial loss. If you were hospitalized or recovering at home due to your injury, you can use the records to show your loss of wages and ask for fair compensation. 

You can bank statements reflecting decreased income. Records of missed work days resulting in lost wages, or any documentation like hospital bills that show the financial impact of your injury can also be used as evidence. 

Limitation Period For Personal Injury Claims In California

It’s crucial to note that every state sets a deadline for filing personal injury claims. This deadline is known as the limitation period, which can be one year or more depending upon the state you live in. After this time, it becomes challenging to gather evidence to support the claim.

In California, the limitation period is specifically three years from the date of the accident. If your injury occurred more than three years ago, you may not be eligible to seek compensation from the at-fault party, and the claim won’t be valid.

2. Report Injury To The Supervisor 

The second step is to report the injury to the supervisor or the employer. They may request that you submit a written report detailing the specifics of the accident. Once notified, they will take appropriate action against the responsible party for the incident.

Supervisors are also obligated to provide you with the necessary forms for State Compensation Insurance Fund (SCIF e3301) and Workers’ Compensation Claim Form & Notice of Potential Eligibility form (DWC 1 /e3301). 

It’s important to note that the State Compensation Insurance Fund form must be provided by the employer within one working day following the injury. The statute of limitations for the Worker Compensation claim is 1 year from the date of the accident.

3. Document The Accident 

Remember to thoroughly document the accident scene as it’s one of the most important steps and also the one accident victims neglect in the aftermath of an injury. Only avoid this step if you are physically unable to do so due to the severe pain of injury. 

Take photographs of the accident scene from various angles. Record every detail, including the time of the incident and how and when it occurred, in a notepad so you can share every detail with your lawyer in case of a court case.

4. Gather All The Evidence

Gather as much evidence as you can to prove your compensation claim. Medical reports, hospital bills, and doctor’s notes are valuable pieces of evidence that show the severity of your injury and the financial impact it has had on you. 

If possible, try to identify individuals who witnessed the accident. These witnesses can provide testimony in a court case, which can significantly strengthen your case and enhance the credibility of your claims.

5. Go For Legal Claim

After submitting your worker compensation and state compensation insurance fund claims, there are two potential outcomes. The insurer may either deny your claim or accept it and inform your employer, who will then provide further instructions to you. 

If your claim is denied, you can request reconsideration or proceed to file a case in court. For legal proceedings, you can reach out to our law firm, MCCRARY, to schedule a free consultation with one of our experienced lawyers.