Legal Question in Personal Injury in California
My husband was hit by a car in a private parking lot--are we entitled to compensation from them as well as the insured for pain and suffering? We do not want to go to court, but their insurance companies must have clause for this type of settlement.
5 Answers from Attorneys
Where you in the car at the time? Where you injured, even a little? It is injury that gives rise to pain and suffering.
The phrasing of your question is a bit confused. I understand your question to be this: in addition to recovering compensation from the insurance company for the driver of the car, can you also pursue compensation from the insurance company for the owner of the private lot?
This answer to this is MAYBE. Compensation depends on liability. If the parking lot owner did nothing wrong, then of course they don't have to pay. Just the simple fact that the accident happened on their property is not enough by itself. There has to be something that they did which helped make the accident happen, or something they should and could have done to help prevent it which they failed to do.
This is called the "theory of liability." It can be a very subtle and tricky thing, and when a serious injury is involved, you should always have the facts reviewed by an experienced attorney, to make sure you're not missing something.
We handle cases all over southern California, including your area, so if you want to discuss the case in detail I will be glad to help. There's no obligation of course, the consultation is free, and you can call anytime--no need to wait till Tuesday. Just call toll-free (877) LION FOR LAW (546-6367).
I have to agree with the prior comments that essentially the issue of the parking lot's liability is open and presently unclear as there are insufficient facts to make a determination. It depends on whether the owner of the parking lot breached a duty of care to your husband in some fashion and thereby increased the risk the this accident would occur. If so then there would be some negligence attributed to that owner for your husband's injuries and damages. I hope this helps. Bob Worth (818) 222-2433
Haven't heard from you, so I'm just following-up to make sure you're getting the help you need. Feel free to call anytime: (877) LION-FOR-LAW (546-6367) or email [email protected]