Legal Question in Personal Injury in Delaware

Re: Injury in the parking lot of my apartment.

The proper way to approach your case is not to request a discount on your rent but to substantiate a personal injury case properly through an attorney. You have two years to file such a case from the date of the accident and we usually make recovery before two years. In that event, no case would be needed to be filed at all.

In short, the owners of the apartment complex are covered by business insurance (required by law) and it consists of liability coverage for these types of accidents. The apartment complex has a reasonable duty to keep the grounds safe under negligence law. The particular facts of your case will determine whether they met the level of that duty (how deep was the hole, where was it located, did it remain covered by leaves after accident, how long was it obscured prior to your fall, etc?). You are very smart to have kept photos and notes.

The money awarded is determined by the actual extent of your injuries, medical costs, lost wages etc. The standard practice among attorneys is to take personal injury cases without any money up front. We only get paid if we win your case in court or make a good settlement for you with the insurance company. If you have a good case, you can apply your portion of the money award to a lot more than rent.

Re: Injury in the parking lot of my apartment.

You have plenty of time to file suit. The main question is how long the condition existed before your fall which would put the landlord on notice had he made a reasonable inspection. Also in issue is your knowledge of the condition prior to the fall. Get your doctor to help your condition. You will no doubt need an attorney to get the insurance company involved. I have practiced in civil matters since 1985 and am licensed in Indiana and California. I worked for insurers and know the things they do to frustrate a claimant. You can call me at 219-340-3890 for more information.