A claim for a fall in an establishment is filed against the insurance company of the premises. The claim is made for the damages suffered by the victim that were not due to his exclusive fault.
Since this is a judicial procedure, it will always be necessary to have the advice of a lawyer specializing in civil liability that arise from accidents within premises or establishments. The compensation to which you are entitled as a result of the fall will not be allowed if the legal action is not taken in an appropriate manner. There is a significant risk of losing the claim altogether. You would then be responsible for paying the legal costs of the establishment where you fell.
HOW DO YOU MAKE A CLAIM?
The lawsuit initiates civil legal proceedings against the insurance company of the establishment where the fall took place. In order to get to the point of filing a claim, there is first a process in which the basis must be laid for assessing whether or not it is feasible to file such a claim and whether we have sufficient evidence to initiate the legal proceedings.
It is important to bear in mind that the burden of proof lies with the plaintiff, that is to say, the injured party who wants to claim, and that, therefore, it is the person who must compile as much documentation as possible to prove, not only the existence and dynamics of the accident, but also the damages suffered, whether material or personal.
It is also important to bear in mind that the claim cannot be filed until the healing process of the injured person has been completed, that is to say, if we have suffered injuries in the fall, we will have to wait until the healing process has been completed, and we will have all the medical documentation that proves the extent of the damage, the time we have taken to heal and how we have been left after medical discharge.
Throughout this process, the victim must be permanently advised by a lawyer who specializes in falls in establishments, since the case must be built correctly from the beginning to ensure that the claim against the insurer is successful.
Once the injured party has compiled all the documentation, and the prior request to the insurance company has been made, without an amicable or extrajudicial agreement having been reached, our lawyer will proceed to draft the claim, attaching all the necessary documentation to prove the liability, on the one hand, and to accredit the damages suffered by another. It is necessary in the case of having suffered injuries to refer to a medical expert where the damages suffered and the time of healing and sequels is collected, on the basis of which the amount of the compensation to be requested will be evaluated.
FALLS IN PUBLIC PLACES
A fall can occur in either a public or private establishment.
When we talk about public establishments, we are referring to accidents that occur in places such as shopping centers, restaurants, leisure establishments, supermarkets, shops, etc. In any of these places we can suffer, for example, a fall from an oil or water stain or any spilled product, or in other cases from a tile in poor condition, an anchorage that protrudes, defective escalators or revolving doors that malfunction.
Damage can be of various kinds, ranging from minor injuries, such as bumps or bruises that heal over time, to serious personal injury, such as broken bones in an arm or leg, hip fracture, shoulder injuries, or head trauma.
In public establishments it is necessary, as soon as the accident occurs, to call the emergency services for initial assistance on site and also the police, in order to be able to prove how the incident occurred. Take photographs of the place, of the cause of the accident, and to have eyewitnesses who, in the event of filing a claim, will be essential to prove guilt, and may be summoned to testify if necessary.
It is also essential not to leave the establishment without making a claim, or in the event of being evacuated because of the injuries suffered, to go as soon as possible to present your claim, attaching photos, the emergency report with the injuries, and the information of the eyewitnesses.
FALLS IN PRIVATE ESTABLISHMENTS
When we talk about falls in private establishments, we are referring to cases of accidents in private homes, farms, or buildings of horizontal property.
The causes of this type of accident can be very varied, and liability cannot always be attributed to the owner of the property where the fall occurs or to the community of owners of the house where the accident has occurred. In many cases these are accidental or fortuitous falls where the only person responsible is the victim himself, in which case he cannot claim any compensation since the liability is solely the victim himself.
In these cases, the home insurance of the home where the accident occurred, or the community insurance if the fall occurs in common areas, the doorway, the stairs, the landings, etc., will normally also be covered.
In any event, it is always very important that the victim should consult a liability lawyer as soon as possible to see whether there is a right to claim compensation and whether such a claim is viable.
WHAT CAN WE ACHIEVE WITH THIS LAWSUIT?
We assume that civil lawsuits are only brought when an amicable or out-of-court settlement has not been possible, as an order for payment will be made to the responsible insurance company before legal action is taken.
Logically, what we are trying to do with the lawsuit is to obtain fair compensation in accordance with the damages we have suffered, which we have not been able to obtain amicably.
When the order for payment is not complied with by the insurer or the offer of compensation for the injuries and damages is insufficient or does not match the actual damage suffered by the victim, this is when the legal action is brought, which must be underwritten by a lawyer and a solicitor.
These judicial procedures usually take longer, due to the saturation of our Courts and Tribunals, among other things.
However, it is important to bear in mind that, at any time during the judicial process until the oral hearing, an agreement can be reached between the parties, and it will be our lawyer who will negotiate the terms of the agreement, which in any case must be accepted by the client.
If no agreement is reached, the procedure will continue until the trial, where all the evidence proposed by the parties and admitted by the judge will be taken, and the case will be considered for sentence.
This sentence can be appealed by either party, which would generate another trial that could last several months and culminate in another confirmatory sentence or not, like the one issued by the First Instance Judge.
In Avrek, we have a team of lawyers who specialize in falls in establishments, and have successfully handled many lawsuits in this area. You will be represented by group of professionals in the field who are at your service to ensure that your claim prospers.