What is the process I should take if I sprained my ankle in a pothole visiting a friend?
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What is the process I should take if I sprained my ankle in a pothole visiting a friend?
I was visiting a friend in an apartment complex and fell in a pothole on the property. I went to the emergency room and was discharged with a sprained ankle. However must follow up. I submitted an incident report to the complex manager and took pictures of the hole and the property as well. They said that corporate will get with me. Should I get a lawyer or should I mediate?
Asked on June 14, 2012 under Personal Injury, Georgia
Answers:
S.L,. Member, California Bar / FreeAdvice Contributing Attorney
Answered 12 years ago | Contributor
It would be advisable to speak with a personal injury attorney.
When you complete your medical treatment and are released by the doctor, obtain your medical bills, medical reports and documentation of any wage loss. Your personal injury claim filed with the landlord's insurance carrier should include these items. Compensation for the medical bills is straight reimbursement. Compensation for wage loss is straight reimbursement. The medical reports will document the nature and extent of your injury and will be used to determine compensation for pain and suffering, which is an amount in addition to the medical bills. 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 your lawsuit for negligence against the landlord. If the case is NOT settled with the landlord's insurance carrier, you will need to file your lawsuit for negligence against the landlord prior to the expiration of the applicable statute of limitations or you will lose your rights forever in the matter.
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