If you were injured on your neighbor’s property in Sugar Land, you should reach out to an experienced personal injury attorney. Sometimes these accidents can result in serious injuries, including broken bones, traumatic brain injuries, back and neck injuries, and burns, and you could be facing expensive medical bills and other costs. An attorney can help you recover the compensation that you deserve.
What Role Does Insurance Play When You Are Injured on Your Neighbor’s Property?
Many people don’t seek compensation when they are injured on their neighbor’s property because they do not want to worry about ruining relationships. However, at least at first, this does not need to be a major concern.
Before bringing a personal injury lawsuit against your neighbor, you can file a claim against their homeowner’s insurance policy. In most cases, the insurance company will cover your damages, and your neighbor will not have to pay out of pocket.
If your damages (medical bills, lost wages, etc.) are greater than the insurance policy limits or the insurance company denies your claim, you may need to name your neighbors in a personal injury lawsuit. A few reasons that the insurance company could deny your claim include:
• The insurance policy was not in effect or valid;
• Your injury was outside of the scope of the policy; or
• The insurance company disputes the severity of your injuries.
If your claim is denied, your attorney will appeal the claim and will try to negotiate a settlement. Your attorney will deal directly with the insurance company and keep the situation from becoming personal.
When Should I Sue My Neighbor if I am Injured on Their Property in Sugar Land?
Typically, the type of claim you would need to file if you were injured on your neighbor’s property in Sugar Land is called a premise liability claim. These claims are complicated, and you must meet specific requirements under Texas law to be successful. You will not automatically be entitled to compensation if you are injured on your neighbor’s property.
To have a successful claim, you must prove that your neighbor was negligent in causing your injuries. A property owner is negligent when they fail to ensure that visitors are kept free from most types of harm. Different types of visitors (invitees, licensees, and trespassers) are treated differently under Texas law. For example, if you were invited on the property for the mutual benefit of yourself and your neighbor, your neighbor owes you a higher duty of care than if you were trespassing on their property.
In general, you will be able to recover if there was a dangerous condition on your neighbor’s property that posed an unreasonable risk of harm, your neighbor knew or should have known about the dangerous condition, and they failed to remedy it or provide an adequate warning.
Premise liability cases can be difficult to prove, so it is critical to have an experienced attorney on your side. Often, a qualified attorney can negotiate a settlement, and you will never even have to go to court.
What Should You Do If You Are Injured on Your Neighbor’s Property in Sugar Land?
If you were injured on your neighbor’s property in Sugar Land, there are several steps that you can take to help you get compensation:
1. Seek medical attention. You should seek medical attention no matter how severe you initially believe your injuries to be. This is critical for your health and safety and creates a medical record that is important evidence of the accident and the severity of the injuries you sustained. You should keep a copy of all your medical records and bills related to the injury.
2. Document the hazard. If you are able, take photos and videos of the accident scene immediately after it occurs. You should pay particular attention to any hazard, such as a spill or broken stairs.
3. Inform Your Neighbor of the Injury. You should make sure that your neighbor is notified of the injury. Avoid taking any blame during this conversation.
4. Reach out to an attorney. Contact a Sugar Land personal injury attorney as soon as possible. Insurance companies have time limits on claims, and you will be time-barred from filing a premise liability claim if you wait longer than two years.
Your Sugar Land Personal Injury Attorney
Adam Capetillo is an experienced Sugar Land attorney passionate about protecting the rights of his clients. If you were injured on your neighbor’s property, we encourage you to call our office today at (346) 444-1299 to schedule a free consultation.