QUESTION
Should I notify the other party of my personal injury?
Asked on Aug 02nd, 2011 on Personal Injury - Oregon
More details to this question:
Where I slipped and fell and getting bodily injury should I have notified the other party right away? If I did not and went to the emergency room that same night can I use that?
20 ANSWERS
2 Awards
You should always try to document all of your injuries and circumstances surrounding your accident. Whether you have the ability to complete an incident report, obtain witness names and statements or collect other critical evidence, it is important to preserve any and all possible support for your claim. I suggest to immediately speak with an experienced attorney who can properly evaluate your specific situation and advise you.
Answered on Sep 19th, 2012 at 10:37 AM
Automobile Accidents Attorney serving Portland, OR
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The Law Office of Josh Lamborn, P.C.
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It is usually preferable to notify a negligent party that they caused your injury as soon as it makes sense to do so. Obviously, it is most important to get prompt medical attention prior to anything else. Once you able to notify the other party of your injury, then you should do so, this is usually done in writing, asking them to forward the claim to their insurance company. As long as you are within the statute of limitations and there the tort claim notice time period, if there is one, you should be able to pursue your claim. Finally, medical records are essential, and certainly can and should be used to prove that you were injured and that you sought appropriate treatment in a timely fashion.
Answered on Aug 06th, 2011 at 9:46 AM
4 Awards
It is important that you document how, where and when any injury you have occurred, if you believe it could possibly be related to someone else's negligence. You should document, in whatever manner, how that happened, and one method is to immediately inform anyone who may be liable.
Answered on Aug 05th, 2011 at 6:54 AM
Personal Injury Attorney serving Austin, TX
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Law Offices of Earl K. Straight
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Failure to notify the other party right away does not invalidate your right to make a claim, but it will make it more difficult. Hopefully you have some witnesses to the fall, otherwise they may question whether you really fell or not. The emergency room visit backs up your claim of an injury, but doesn't prove you incurred the injury on their property.
Answered on Aug 05th, 2011 at 5:23 AM
Criminal Defense Attorney serving Anderson, SC
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The David F. Stoddard Law Firm
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It would have been helpful that you notify them, but it is not essential. You can use the fact that you went to the ER the same day.
Answered on Aug 05th, 2011 at 5:20 AM
Personal Injury Law Attorney serving Naperville, IL
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Law Office of Barry R. Rabovsky
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You may have a case, based upon the information that you have supplied. We would be happy to provide you with a free consultation if you call my office at either of the numbers listed below. If my office accepts your case, there is no fee charged unless we are able to obtain a settlement for you. Thank you for your email, and we look forward to hearing from you.
Answered on Aug 05th, 2011 at 5:18 AM
Criminal Defense Attorney serving Montrose, NY
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Law Office of Jared Altman
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Yes. You got treatment right away so that helps. It's good, but not required, to report your accident so that they can't say that you fell somewhere else and are trying to falsely blame them.
Answered on Aug 04th, 2011 at 11:18 AM
You should notify the other party whoever that might be. If you intend to seek redress for your personal injuries, perhaps, you should consult with a personal injury attorney.
Answered on Aug 04th, 2011 at 10:56 AM
Automobile Negligence Attorney serving Orlando, FL
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Kelaher Law Offices, P.A.
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You should have informed the owner of the premises where you slipped and fell at the time of the slip & fall. You can use your trip to the ER as evidence of your injury, and if the ER doctor took a good history and recorded that you slipped and fell, that would be evidence of the fact you slipped and fell, but not that you slipped and fell on the defendant's premises. You need to be able to prove what you slipped on or why you slipped before the landowner can be held negligent. You need to call a personal injury lawyer right away, and they usually don't charge for an initial consultation.
Answered on Aug 04th, 2011 at 10:23 AM
Family Law Attorney serving Bellevue, WA
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Dearbonn Law Offices PLLC
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You should notify the other party right away. there is a statute of limitations. you must notify theother party within the time frame otherwise you may be statute barred or the other party may disclaim responsibility for your injuries if sufficient time has passed. Please note that this is not legal advise and should not be construed as such.
Answered on Aug 04th, 2011 at 10:05 AM
Brain Injury Attorney serving Baton Rouge, LA
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The Lucky Law Firm, PLC
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It is always best to notify the alleged negligent party right away so that the scene can be documented and so that a report can be written. If you went directly to the ER and advised the provider where and how you were injured, then you may use that as evidence of where your injury occurred. Again, each case and circumstance are different and the facts control the situations.
Answered on Aug 04th, 2011 at 9:16 AM
2 Awards
It is usually a good idea to notify the owner of the premises where you fell as soon as possible to document the fall and the circumstances. It is not a requirement, but it helps to avoid situations where the owner may claim you were not there or could not have fallen the way that you did. If you did not notify the owner, then you may want to run the circumstances by a lawyer to see what the next step might be, particularly if you suffered serious injuries.
Answered on Aug 04th, 2011 at 9:15 AM
Wrongful Death Attorney serving Salem, OR
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Swanson Lathen Prestwich, PC
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It is not necessary to notify the other side right away but it is helpful, especially in a slip-and-fall case so facts can be gathered about the incident.
Answered on Aug 04th, 2011 at 8:18 AM
Workers Compensation Attorney serving West Palm Beach, FL
1 Award
Yes it is better to notify them sooner than later but u can still bring a case
Answered on Aug 04th, 2011 at 8:04 AM
Employment Law Attorney serving Beverly Hills, CA
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Dordick Law Corporation
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There is no obligation to notify them until you make a claim, but it certainly could not hurt to do so. If you dont have a witness to the incident now, it wont matter whether you tell them now or later. And yes you can use the hospital records to establish how you were hurt and the date of same.
Answered on Aug 04th, 2011 at 7:52 AM
Bad Faith Attorney serving Orlando, FL
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Riley Allen Law
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Yes, you can and need to notify them asap.
Answered on Aug 04th, 2011 at 7:33 AM
Plaintiff Animal Bites Attorney serving Missoula, MT
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Bulman Law Associates PLLC
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Yes, if the report mentions the fall.
Answered on Aug 04th, 2011 at 7:04 AM
Yes. If you sustain a personal injury, you need to notify the responsible party as soon as possible. The other party should then notify their insurance company. If you hire an experienced injury attorney, he or she will take care of all these matters for you.
Answered on Aug 04th, 2011 at 7:03 AM
Small Businesses Attorney serving Livonia, MI
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Klisz Law Office, PLLC
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It's always good to fill out an incident report at a business. It's not vital to a case however.
Answered on Aug 04th, 2011 at 6:12 AM
General Civil Trial Practice Attorney serving Beaverton, OR
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Vincent J. Bernabei, LLC
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You should alert the owner of the property where you were injured. You should also gather as much evidence as possible before it is lost.
Answered on Aug 04th, 2011 at 6:12 AM