Can I sue my apartment for my injury?
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Can I sue my apartment for my injury?
Would falling down 1 flight of stairs, breaking my pinky finger and breaking my dentures count as something I could sue my apartment for? This happened about 3 weeks ago and the finger healed but it is still crooked and hurts when I bend it, it snaps and clicks. I slipped on some bird poo that my wife and I asked the apartment 4 times to clean but they never did, even though they said they would. The dentures are smashed and they jabbed my gums too. I have bone spurs in my mouth now too. I am not sure what to do now. Should I get a lawyer and push for some restitution since they endangered my life and hurt my physical well being?
Asked on November 6, 2018 under Personal Injury, Colorado
Answers:
S.L,. Member, California Bar / FreeAdvice Contributing Attorney
Answered 6 years ago | Contributor
Prior to filing a lawsuit against your landlord, it may be possible to settle the case with your landlord's insurance carrier. Notify that insurance carrier in writing that you will be filing a personal injury claim.
When you complete your medical/dental treatment and are released by the doctor/dentist or are declared to be permanent and stationary which means having reached a point in your medical/dental treatment where no further improvement is anticipated, obtain your medical bills, dental bills, medical reports, and dental reports, and documentation of wage loss.
Your personal injury claim filed with the landlord's insurance carrier should include those items.
Compensation for the medical/dental bills is straight reimbursement. The medical/dental reports document your injuries and are used to determine compensation for pain and suffering which is an amount in addition to the medical/dental bills. Compensation for wage loss is straight reimbursement.
If the case is settled with the landlord's insurance carrier, NO lawsuit is filed.
If you are dissatisfied with settlement offers from the landlord's insurance carrier, reject the settlement offers and file a lawsuit against the landlord based on premises liability.
If the case is NOT settled, your lawsuit against the landlord must be filed prior to the expiration of the applicable statute of limitations or you will lose your rights forever in the matter.
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