Falling in a driveway due to ice or uneven pavement is no fun at all. In fact, it can lead to serious and long-lasting injuries. If you have recently fallen in someone else's driveway, then here is a look at your rights and what you can do to ensure you get the compensation you are due.
Seek Treatment Right Away
If you have any hope of receiving compensation for your injuries, then do not delay seeking treatment. Head straight to the doctor for an evaluation, even if you think it's just a headache or a sprain that will work itself out. Some injuries don't show symptoms until later, but if you wait a few days to seek treatment, the judge could argue that your injuries were not really due to the fall, which would mean you do not get the compensation you deserve.
File a Claim With the Homeowner's Insurance Company
Some people, when they fall on someone else's property, are scared to tell anyone what happened because they do not want the homeowner to get in trouble. This is probably how you'll feel if you're friend with the person whose driveway you fell in. You need to get your injuries covered, but you don't want to sue your friend! Luckily, you don't have to. As long as your friend has homeowner's insurance -- and most people are required to carry this insurance by law -- you will actually be filing a claim with the homeowner's insurance company rather than suing the homeowner personally.
If your injury is simple, you might just be able to file a claim, get a check in the mail to cover your medical costs, and go on with your life. It's only when you're more seriously injured that you'll want to take things a step further and contact a lawyer.
For instance, if your injury will keep you out of work for a year, result in $200,000 in medical bills, or change your quality of life significantly, the homeowners insurance company will likely refuse to honor your full claim. In that case, a personal injury attorney can help you sue the insurance company to cover your full damages. This may result in the homeowners' rates going up, but again -- you won't be suing the homeowner themselves. That's why they have insurance.
If you slip and fall in someone else's driveway, you deserve compensation -- and a personal injury attorney can ensure you get it fairly.