Legal Question in Personal Injury in California
I was injured on private residential property where I went to help my friend who was renting the house there. I do not know what happened but was found on the property by my friend, I had a head wound and was unconscious and bleeding. I woke up a week later in the hospital with severe head trauma, in restraints, and had had brain surgery. I have balance, vision, and hearing issues, can't drive, work, etc. But have still no idea how I was injured but was told by drs. I may have been hit in the back of the head and fell on my face, as both face and back of head were injured. Is there any recourse for landlord or insurance liability or responsibility in a situation like mine
4 Answers from Attorneys
There may be insurance, and liability, and claims against the property owner, the renter, and / or someone who 'hit' you.
You will have to research and investigate to find the answers to those questions, since you don't now know what happened.
The logical thing to do is hire an attorney to represent you and get that info so you and he can decide what your options are. You can consult with an experienced PI attorney, like one of us, to do that for you. The sooner the better, as evidence and memories tends to disappear with passing time.
I am sorry to read about your situation. You’re not alone. Other people have suffered a head or other injury without knowing how it happened.
If you have not spoken to your friend who rented the property or other person who was there when you were injured you or someone else including an attorney should talk with that person or anyone else present to find out how you were injured. It may have been a dangerous condition on the property or may have involved another person based on your comment about the injury to the back of your head. Perhaps an object on the home /apartment building, nearby tree or branch fell and struck your head. Clearly an investigation has to be completed and your injury should be reported both to the property owner. But I caution you to not give any statement to the property owner’s insurance carrier’s claims person. Seek the advice of a lawyer in your state where the incident occurred first.
I agree with my colleagues, an investigation is needed to determine the cause of your injury. I recommend you contact the police and hire a lawyer to assist you with the investigation.
Those of us that handle these types of cases offer free consultation. Feel free to call 323-782-0099.
I'm so sorry to hear about your ordeal, and I wish you a full and speedy recovery.
Owning the property isn't enough, by itself, to make the landlord liable. But he may be liable for other reasons, if his actions (or inaction) caused your injuries. Note that he might share responsibility with others.
My colleagues are right that you should have an investigator look into what happened. In the meantime, though, you may want to speak with local attorneys about your case -- especially if other information available to you gives some sense of who caused your injuries.
Be sure to notify your own insurers (health, disability, etc.), if any, about your injuries. Insurance policies set deadlines for such notification. If you miss the deadlines, you may be denied benefits to which you would otherwise be entitled.
Finally, I recommend reporting this incident to law enforcement if you haven't already since you were probably the victim of a crime. (EMTs or the hospital may have done this even if you didn't. But unless you have already spoken with police, you shouldn't assume that they are aware anything happened to you.)