Accident at the Shopping Center
Every time we walk into a Shopping Center, we tend to be cautious with the access doors from automatic opening and closing for fear that they might fail and get us in trouble for an improper closure.
This happened to a customer at this law firm in Alicante, and the consequences for her have been very bad because of the significant physical damage which has caused him a Error in the door opening and closing system and, as we'll see later, they're going to let him aftermath for life.
Alicante-Based Personal Injury Lawyers: Carlos Baño León had to step in Just recently, over the past Christmas holiday, when our client had a brutal collision with the doors of a very well-known large center from Alicante, the capital city when the doors were abruptly shut in her face just as she was entering the Center.
MALFUNCTION OF OPENING AND CLOSING SENSORS
According to expert report The report we commissioned concluded as follows: “…it was established as proven that the malfunction or improper operation of the opening and closing sensors of the doors, and the author signed to confirm that he understood he had sufficiently justified in his report that the cause of the accident was due to this fact.
In other words, the cause of the accident was the door malfunctions.”
The events, following THE ACCIDENT, These are clear examples of the behavior typically exhibited by the injured party following an accident, and one of the purposes of this article is to draw your attention, dear reader, so that you know how to act in a similar situation, thereby ensuring that you are not later disadvantaged by a lack of evidence.
When our client accessed the large area She felt a brutal blow to her shoulder and head that caused her to fall suddenly to the ground, leaving her momentarily unconscious due to the severe impact caused by the the doors closing incorrectly due to an obvious malfunction that had opened when she entered, and as she was moving.
She was revived at the Center by a security guard and her friend, with whom she had gone to the Shopping Center and left him just minutes after the ambulance that she had been called.
TIPS ON WHAT TO DO AFTER AN ACCIDENT
At that time, she was not in a position to gather statements from third parties as potential witnesses But his friend could have done it—though in those moments it's not easy to react, which is why our advice is that if this happens to you, accident and, to the extent possible, gather statements from potential third parties witnesses, and collect your personal information so that we can locate you if it becomes necessary in the future.
Nor did they collect data from the security guard That could have helped them, but at that moment all they could think about was getting medical attention—not to mention that she was pretty much unconscious.
An ambulance picked her up and took her to a Hospital Complex where she received emergency care, and she has been undergoing medical treatment ever since.
At this point Lawyers Specializing in Personal Injury Cases: Carlos Baño León We always recommend that when the doctor asks us questions and gathers information about the cause of the injuries You must be clear that you need to explain the cause of the accident And it is important to accurately recount what happened and then ensure that it is properly documented, in order to prevent any controversy on this point from arising later on in the event of a lawsuit.
In the event of a trial (the insurance companies They are unlikely to accept or compromise outside of the Courts) the testimony given by the harmed as soon as the accident It is a very important piece of evidence because it is given immediately after the accident occurs, and therefore it is understood to be a sincere and truthful statement (no one is going to lie at that moment). If we haven't described the events or if they have made a mistake, the medical staff who helped us at the Service of Emergency Room Or if they haven't made this clear, it will later become a problem because it could be interpreted as a contradiction that might work against them.
A spontaneous statement made after the incident has occurred will always be given greater weight. accident that a statement made months later in the context of a legal claim.
Please note that if the Insurance Company refuses to take on the sinister He will eventually need all the best possible evidence, as well as the ability to demonstrate consistency at all times between his account of the facts and his behavior.
PRELIMINARY LEGAL PROCEEDINGS TO OBTAIN EVIDENCE
In the specific case we are analyzing, a few days after the accident Our client, through other attorneys, tried to contact the Shopping Center, and they did not receive an adequate response, so our client was faced with the problem that no one was taking responsibility for the damages she had suffered, and she did not know how to prove it.
Given this lack of evidence Lawyers specializing in personal injury cases in Alicante Carlos Baño León's team gathered and obtained certain evidence regarding the occurrence of the accident, and all of this because if it is not immediately recognized by the insurance company responsibility for the sinister It would be advisable to gather evidence of what happened, because as time passes, it may become more difficult to obtain.
Our civil lawyers In addition, as a top priority, they requested a preliminary proceedings in the Court in order to obtain a copy of the camera footage from that facility on that day and at that time so that we can demonstrate how the accident, how it caused the damage head and shoulders, and how our client was completely unaware of his idea, which was solely and exclusively that of a malfunction of the access doors and therefore the responsibility of the Shopping Center.
We will discuss this procedure separately on our website very soon, given its importance and this law firm in Alicante We've already done a lot; and as a result of our claim filed with the court required the company to provide the video tapes, which it did by providing a copy to Lawyers Specializing in Personal Injury Cases: Carlos Baño León that, within the time limit established by law, they filed a lawsuit against the company seeking damages, and we are now waiting to reach an agreement with the insurance company.
