Accident Compensation for a Tenant in a Rented Property

by - July 28, 2021

Tenants who get hurt on the landlord's property due to accidents can claim personal injury against the latter for compensation. If you are an injured tenant, you may end the matter without filing a lawsuit and without having to attend a trial.

But, at times when injuries happen, who is responsible? Is it the landlord or the tenant? This question will always be there. While the tenant thinks the landlord is liable, the landlord tries to shirk his/her responsibilities. Compensations for minor accidents are received after negotiating with the landlord and their insurer. You may not hire a lawyer in such cases. However, if you suffer serious injuries, do not hesitate to consult a lawyer. You may bring a claim of lost income over $10,000 and medical costs, massive exposure to toxic substances or an injury that disables you permanently.


What Should You Do Right After You Have an Accident?


Immediately after you have an accident, seek medical attention. Pursue legal action against the landlord only after consulting a doctor. Besides providing first aid and treatment, seeing a doctor can help you document the severity and scope of your injuries. His testimony and report are critical to persuading a jury or the insurer about the level of compensation you deserve.

Follow the medical practitioner's instructions and course of treatment. If you do not, the landlord will utilize that opportunity to argue that since you acted irresponsibly and unreasonably, your injuries have worsened, and he is not liable to compensate you for that.

Besides your medical documents, you need loads of other evidence to support your claim. Record your impressions of the accident as quickly as possible. Gather documents of your financial losses like pay stubs, doctors' bills, and transportation receipts. You should also click a picture or take a video of the hazard that caused the injury.

Contact anyone who saw your accident first-hand to act as a witness. Their version may differ from yours. But, listening to them or keeping a record of what they say will help you prepare to refute their comments.

Now, it is time to inform the landlord of the accident and ask him to get in touch with his insurance provider.

The landlord may not comply readily, doubting the value and authenticity of your case. In such a circumstance, file a lawsuit until the landlord takes you seriously and takes action.


What are the Different Types of Compensations You Can Get?


Personal injury cases cover two types of compensations - economic and non-economic. In general, future treatment costs, monetary damages, lost earning capacity and lost income caused by permanent disabilities are included in the economic damages. Non-economic damages are suffering and subjective pain, disfigurement, and emotional distress resulting from damage to personal relationships. Though you might find it tough to prove non-economic problems, your acquaintances' and doctors' testimony and prescriptions for medications can strengthen your claims.

The landlord may argue that your accident was caused due to your own fault and that you were not careful. If he can prove that, your reduction of damages will get reduced. However, the percentage of reduction will depend on the state.

So, every time you think 'when injuries happen, who is responsible,' first go to a doctor and then go ahead with your plans of filing a lawsuit.

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