Should I Sue a Neighbor for Personal Inury?

After an accident that occurs on your neighbor’s property, such as a slip and fall, you generally have two options: settle the injury claim out of court, or sue and follow through with a personal injury lawsuit. All property owners have the responsibility to keep their public spaces free of hazards, and if they violate this responsibility, people who suffer injuries are entitled to fair compensation.

Here at Fitch & Stahle Law Office, our personal injury attorney will tell you that there is no one size fits all approach to dealing with this situation. There are pros and cons to filing a personal injury suit, and sometimes settlement is the best option. In either case, hiring a personal injury lawyer will help you navigate these tricky waters.

When Can You Sue a Neighbor for Personal Injury?

The primary reason people choose to file a personal injury lawsuit against their neighbor is due to a slip and fall accident that occurs on their property. If your neighbor failed to exercise a reasonable level of care in preventing you from falling, they may be liable for your injuries. These are some instances where you may be able to successfully sue for personal injury:

• Leaking ceilings
• Loose floorboards
• Uneven walking surfaces
• Wet floors due to a spill
• Recently waxed floors
• Tripping hazards
• Defective or dangerous sidewalks

The Pros and Cons of Filing a Personal Injury Lawsuit

If you think your neighbor is responsible for your slip and fall accident, there are a few ways in which you can recover compensation from them, the first being a personal injury lawsuit. Here are the pros and cons.

Pros

• When you take a case to trial, the insurance company is making a settlement offer based on what they expect the court to rule. So if your case is strong, there is a good chance that you can end up with a larger amount of money than what was offered in the settlement.
• You may be able to win an award for pain and suffering beyond that which was offered initially. There is also a possibility that you will be awarded punitive damages.

Cons

• One major risk of taking a personal injury lawsuit to trial is that you may receive less than the initial settlement amount. In some cases, you may receive nothing at all.
• Civil lawsuits such as personal injury lawsuits are subject to a time limit called the statute of limitations. If the accident occurred years ago, there is a chance that you will no longer be able to pursue a personal injury lawsuit.

When to Settle

If you decide to file a personal injury claim against your neighbor, the first step is that they will send you a settlement amount. At this point, it is advisable to contact our attorney, who can help you determine if this amount is fair.

Siouxland Personal Injury Attorney

The personal injury lawyers at Fitch & Stahle Office are licensed to practice in both Iowa and Nebraska. If you have suffered an injury due to the negligence of your neighbor, contact us at 402-494-3012, and we will help you decide the best course of action.