Questions We Are Asked Each Week By Clients...
We are often asked questions like how much should the insurance company pay? How are my weekly benefits calculated?, etc. So we have put together some of the questions we here the most and the answers to them. We hope this helps you avoid making a mistake in your Iowa personal injury, car accident, dog bite, work injury or other injury matter.
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If I cannot prove negligence can I still make a recovery?
Maybe. Most property owners have insurance that is called medical payments coverage which pays medical expenses caused by the fall up to a certain amount usually from $1,000 to $10,000. However, some companies are self-insured and do not have medical payments coverage available.
If I fall on someone's property are they liable for my injuries?
Not necessarily. A claim against a property owner for a fall is known as a premises liability claim. In order to recover damages against a property owner you have to prove that the property owner was negligent also known as fault. The fact finder, usually a jury will consider many factors to consider which include:
(1) The foresee ability or possibility of harm;
(2) The purpose for which the entrant entered the premises;
(3) The time, manner, and circumstances under which the entrant entered the premises;
(4) The use to which the premises are put or are expected to be put;
(5) The reasonableness of the inspection, repair, or warning;
(6) The opportunity and ease of repair or correction or giving of the warning; and
(7) The burden on the land occupier and/or community in terms of inconvenience or cost in providing adequate protection.
If the injured party proves that the property owner was at least 50% at fault then they must prove that his/her injuries were proximately caused by the fall. Also, the fact finder will evaluate if the injured party was at fault for the fall. If the fact finder finds the injured party 51% at fault or more, then they are not allowed to recover any damages.