Frequently Asked Questions about Premises Liability

  1. What should I do if I am involved in a premises liability accident?
  2. What claims am I able to make in a premises liability accident and when do I have to make them?
  3. Can any lawyer handle my claim?
  4. How do you determine the value of my claim?
  5. How long do these cases typically take to resolve?
  6. What are the legal fees involved in my case?
1. What should I do if I am involved in a premises liability accident?
  1. After the accident, you should try to find out the name of the property manager and owner and report the accident to that person immediately. Do not permit a recorded statement to be made of your conversation. Only give the bare minimum of information to the property manager/owner sufficient for them to notify their own insurance company. Do not go into any depth about your medical injuries.
  2. Gather as much information as possible about the accident and scene of the accident and bring it to our office on your initial appointment. A diagram is often helpful. You should obtain photos of the scene if possible before any changes are made as well as photos of any injuries or scars. You should also obtain witness information. Finally, provide us with the names and addresses of all medical providers who treat you for injuries sustained in the accident.
  3. If you are injured, make sure to consult with your treating physician or an emergency room as soon as possible. However, do not prolong your treatment just for purposes of a legal case. When you are feeling better or if a physician recommends a discharge from further medical treatment, call us so that we can obtain a final report and bill from the physician in order to attempt to settle your claim with the insurance company.

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2. What claims am I able to make in a premises liability accident and when do I have to make them?

In most cases there are two claims that can be made. Often, the property manager or owner has insurance coverage that is called Med Pay. This coverage provides payment of medical expenses incurred as a result of the accident up to the limits of the policy. Often, the limit is low so it is important that you also provide your medical providers with your own medical insurance coverage for all expenses not covered by Med Pay coverage. Payments under Med Pay are usually made regardless of any dispute as to fault.

The other claim that can be made in a premises liability accident is a liability claim in the event another party was negligent concerning your injury. The at fault party will hopefully have liability insurance coverage that will compensate you properly for your injuries.

Generally, there is a three year statute of limitations for this type of personal injury liability claim in Maryland and the District of Columbia . If a lawsuit is not filed within that period of time, your claim will be forever barred by the statute of limitations. If the accident involves a death, the statute of limitations for a wrongful death claim in Maryland is three years and in the District of Columbia is one year.

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3. Can any lawyer handle my claim?

Although any licensed attorney can represent you on your premises liability accident or other premises liability claim, there are issues in these types of accidents that an experienced personal injury attorney will know about and be able to fully develop while representing you. Foran & Foran, P.A. is a personal injury law firm handling all types of personal injury cases. If you want to be represented by an experienced personal injury attorney, please use our services.

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4. How do you determine the value of my claim?

Primarily, the value of a claim depends on the nature and extent of the injuries involved, need for surgery, amount of medical bills, length of treatment, need for future treatment, lost wages past and future, and non economic loss such as pain and suffering, inconvenience, disfigurement, embarrassment, mental anguish, loss of consortium. We consult with you to make sure that you agree with our analysis before attempting to finalize any settlement.

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5. How long do these cases typically take to resolve?

Once you have completed treatment, we try to settle your claim with the insurance company promptly. Usually, we have a good idea if the case will settle within several weeks of filing a demand letter with the insurance company. However, there are numerous factors that can prolong any attempt at settlement. If we need to proceed with a lawsuit, the length of time sometimes depends on which court and/or in which jurisdiction the lawsuit is filed. If the claim is a particularly difficult claim, it can take approximately one year to get it through the court system.

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6. What are the legal fees involved in my case?

Our fees for all premises liability cases are based upon the outcome of the case. The fee is a contingent fee and is based on a sliding scale depending upon when the case resolves. If we settle your case our fee is 33 1/3% of the gross recovery. If we go to court or arbitration and obtain a verdict/result in your favor, our fee is 40% of the gross recovery. Please review our retainer agreement for all the details of our fees and any costs involved.

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The legal information on this site is not intended to be legal advice. Contact one of our experienced premises liability attorneys or lawyers today to get specific information and answers for your specific situation.

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