We Had an Injury During Our Party - What Should We Do?
Feb. 12, 2020
Parties at your home are great, but there can always be some uneasiness if there has been an injury. You might be wondering if they can sue you, your next steps, are you responsible for their medical bills? It can be overwhelming, but it’s important to take a deep breath and relax. Take a moment and evaluate the circumstances under which the accident happened. Here are the most important things you need to consider, and the next steps you should be taking to protect yourself.
First you need to establish if they can sue you, and in total transparency the initial answer is yes. However, there are some stipulations to this. Generally, the law requires that property owners warn their guests of any hazards and that they must maintain their property to a reasonable standard. Does it need to be immaculate? No. But if there are debris spread about the yard and holes everywhere you could be liable. In terms of hazards, if you are aware that you have several holes in your yard you need to warn your guests of this ahead of time. Here are some general hazards that you should keep an eye out for, and make sure are fixed:
Holes in yard
Debris in the yard or sidewalks
If the can sue you, or you are unsure, the next step will be an investigation. This is not an investigation conducted by police, but one by your attorney. There are a few things that your attorney will be looking for:
Witnesses - Was anyone there who can testify to what happened? Did anyone else see what happened besides yourself and the plaintiff (person suing)?
Incident Report - Was there any incident report? If it was not a commercial property, the answer is most likely no.
Weather Records - What was the weather that day? Was there anything that could have caused the accident?
Police Report - Was the accident so bad that the police were called? The lawyer will want to see any police reports that were filed.
Medical Records - What are the medical reports associated with the accident?
The next step will be that the plaintiff’s lawyer will develop a claims package and submit it to the insurance company - the claims package will ultimately include a settlement demand as well. The insurance company can accept it, encourage mediation, or take the case to trial. Claims packages typically include:
Evidence of liability
Evidence of damages
The idea is that the claims package will help the plaintiff move on, and maintain a sense of normalcy. When it comes to being sued, keep in mind that your lawyer will be your best friend. They can help guide you on the appropriate course of action and help to build a defense for you. No matter what side of the coin you are on, it’s important to work with a lawyer to get the best possible outcome for yourself.
If you are looking for an attorney to assist in your case, there are a few things you should look for:
Focused practice - make sure the attorney is focused in personal injury law
Trial experience - make sure your attorney also has trial experience
Record - Do they have a record of winning? That’s the best indicator that they can help you
Resources - your personal injury attorney should also have plenty of resources to dedicate to your trial
Mark A. Simon is someone who will fight tirelessly for your rights and ensure that you receive the highest possible settlement for each individual case. He will begin the investigation process immediately, ensuring you receive the best representation possible. When it comes to a personal injury attorney in Denver, you shouldn’t sacrifice quality for convenience and opt for the first person you find. Select an attorney who will get you the outcome you desire and the settlement you need. If you are in the Denver metro area and require legal help or assistance, contact him to discuss your legal options during a free consultation.