Frequently Asked Questions about Premises Liability

1. After the accident, you should try to find out the name of the property manager and owner and report the accident to that person immediately. Do not permit a recorded statement to be made of your conversation. Only give the bare minimum of information to the property manager/owner sufficient for them to notify their own insurance company. Do not go into any depth about your medical injuries.
2. Gather as much information as possible about the accident and scene of the accident and bring it to our office on your initial appointment. A diagram is often helpful. You should obtain photos of the scene if possible before any changes are made as well as photos of any injuries or scars. You should also obtain witness information. Finally, provide us with the names and addresses of all medical providers who treat you for injuries sustained in the accident.
3. If you are injured, make sure to consult with your treating physician or an emergency room as soon as possible. However, do not prolong your treatment just for purposes of a legal case. When you are feeling better or if a physician recommends a discharge from further medical treatment, call us so that we can obtain a final report and bill from the physician in order to attempt to settle your claim with the insurance company.

In most cases there are two claims that can be made. Often, the property manager or owner has insurance coverage that is called Med Pay. This coverage provides payment of medical expenses incurred as a result of the accident up to the limits of the policy. Often, the limit is low so it is important that you also provide your medical providers with your own medical insurance coverage for all expenses not covered by Med Pay coverage. Payments under Med Pay are usually made regardless of any dispute as to fault.

The other claim that can be made in a premises liability accident is a liability claim in the event another party was negligent concerning your injury. The at fault party will hopefully have liability insurance coverage that will compensate you properly for your injuries.

Generally, there is a three year statute of limitations for this type of personal injury liability claim in Maryland and the District of Columbia . If a lawsuit is not filed within that period of time, your claim will be forever barred by the statute of limitations. If the accident involves a death, the statute of limitations for a wrongful death claim in Maryland is three years and in the District of Columbia is one year.