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By Paul Benson February 1, 2026
Why Is It Crucial To Reach Out To A Lawyer Soon After An Accident? Contacting a lawyer promptly after an accident is vital to preserve crucial evidence from the accident scene. Evidence like skid marks, surveillance videos, and witness statements can disappear quickly. By involving a lawyer early on, you ensure that all necessary evidence is collected and preserved, which can significantly impact the outcome of your case. Why Do Some People Delay Contacting A Lawyer After An Accident? Many individuals delay contacting a lawyer due to the misconception that they are not "lawsuit people." However, when faced with insurance companies refusing to compensate them fairly, they realize the need to protect their rights. By waiting to involve a lawyer, important evidence may be lost, such as video footage or witness accounts, which can weaken their case significantly. What Are The Potential Problems Individuals Face When Insurance Adjusters Reach Out Early? Insurance adjusters often aim to elicit statements that downplay the severity of injuries or shift blame away from their policyholders. By recording conversations and obtaining seemingly innocuous statements, they can later use discrepancies to undermine a claim. Consulting with a lawyer before engaging with insurance adjusters is crucial to avoid inadvertently harming your case. What Key Evidence Can Be Lost If Individuals Wait Too Long After An Accident To Seek Legal Counsel? Delaying legal representation can result in the loss of crucial evidence such as video footage, debris placement at the scene, and witness recollections. Additionally, timely medical documentation is essential for accurately assessing and documenting injuries. Without early involvement, individuals risk missing out on vital evidence that could strengthen their case. How Does The Timing Of Medical Bills And Documentation Impact An Insurance Company's Evaluation Of A Claim? In Wisconsin, the timing of medical bills and documentation is critical due to the collateral source rule. Health insurance coverage may pay medical bills upfront, but individuals can still recover the full amount from the at-fault party's insurance. However, delays or discrepancies in submitting bills can lead to reduced compensation and financial risks for the injured party. What Tactics Do Insurance Companies Employ To Settle Claims Quickly Without Individuals Fully Understanding The Implications? Insurance companies may use tactics like sending blank medical releases or offering immediate settlement checks to expedite claim resolutions. Individuals may unknowingly sign away their rights or settle their claims prematurely, leading to potential long-term repercussions. It is essential to seek legal guidance to navigate these tactics and ensure fair compensation for injuries. What Steps Should Individuals Take After A Minor Accident To Protect Their Legal Rights? After a minor accident, individuals should document the scene thoroughly, report the incident to their insurance company, and consider seeking a legal consultation. It is crucial to accurately relay their version of events to the police, report any injuries promptly, and consult with a lawyer to understand their rights and potential legal options. Is It Advisable For Individuals To Seek Medical Evaluation After A Minor Accident Even If They Feel Only Minor Discomfort? Yes, it is recommended for individuals to undergo a medical evaluation after a minor accident, even if they experience minor discomfort. Prompt medical assessment can uncover hidden injuries that may worsen over time if left untreated. By seeking timely medical attention, individuals protect their health and establish a documented record of injuries for potential legal claims. What Are Some Early Moves Insurance Companies Make That Individuals Should Be Cautious About Following An Accident? Insurance companies may attempt to obtain blanket medical releases or offer immediate settlement checks to expedite claims processing. These tactics can lead to individuals inadvertently signing away their rights or settling for inadequate compensation. It is crucial to seek legal guidance to navigate such tactics and protect one's legal rights effectively.
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A man is laying on the floor next to a yellow caution sign.

Can I Sue a Business if I Was Hurt on Their Property?

According to the National Flooring Safety Institute (NFSI), slip and fall accidents are responsible for about one million emergency room visits annually. Getting injured during your visit to the local grocery store or supermarket can be a painful experience. If you or a loved one were injured on a business's property, you may be entitled to pursue compensation.


The Paul Benson Law Firm is committed to providing experienced legal guidance and strong representation to personal injury and premises liability victims. As an experienced Wisconsin premises liability attorney, I can fight compassionately to protect your rights and help in pursuing fair financial compensation for your injuries and damages. I'm proud to serve clients throughout Janesville, Rock County, and Beloit, Wisconsin. Contact me for a free case evaluation.

What is Premises Liability?

"Premises liability" is a legal term that is often used to describe a situation in which a person becomes injured or hurt in an accident on another person's or business's property due to an unsafe, dangerous, or hazardous condition of the property.


In Wisconsin, victims who are injured or hurt on another person's or business's property are allowed to seek damages. However, you must prove that the casual negligence of the business or property owner caused the accident.


Pursuant to Wisconsin Negligence Law (Stat. 895.045), if a person who has a duty of care to another fails in that duty, the person may be responsible for any resulting injuries. 

Types of Premises Liability Claims

Injuries that occur on another’s property may result from:


  • Slip and fall accidents
  • Dog bites and other animal attacks
  • Negligent security leading to assault or injury
  • Defective and broken stair accidents
  • Automatic and garage door accidents
  • Swimming pool accidents
  • Wet floor accidents
  • Fire accidents and injuries
  • Water leaks or flooding
  • Toxic fumes or chemicals


Such accidents can cause severe injury, or in some cases, even death. 

Private Property vs. Public Property Claims

Premises-related injuries can occur on both private and public properties. Private properties include residential apartments and commercial buildings such as the local grocery store, retail stores, restaurants, and supermarkets. Public properties include public schools, theme parks, sidewalks, public playgrounds, parking lots, public libraries, roadways, and other government establishments.


In premises liability lawsuits, there is no difference between private or public property negligence. Just as victims are eligible to seek damages for getting injured on private property, they are also within their rights to pursue fair compensation from the government for premises-related injuries suffered in public places. Whether it's your neighbor, local grocery store, or even a government entity, you are entitled to file claims or seek damages against any negligent property owner.

Modified Comparative Negligence in Wisconsin

Wisconsin uses the modified form of comparative negligence. According to the rule, victims are eligible to recover damages only if they are less than 50 percent at fault for the injury or accident. Nonetheless, the amount of damages you are able to recover will be reduced by the percentage at which you were at fault for the accident. So for example, if you were texting and walking and failed to notice a hazard that you would have seen if you’d been paying attention, it may be determined you were partially at fault. If it was determined that you were 25 percent at-fault and $20,0000 damages were awarded, you would receive $15,000.

How The Paul Benson Law Firm Can Help

Individuals who are hurt on another person's or business's property may be eligible for financial compensation for their injuries, provided their accident was caused by the negligence of the business or property owner. However, proving negligence in such circumstances can be quite complicated. This is why it is important to retain a knowledgeable Wisconsin personal injury attorney for proper guidance and to protect your rights.


At The Paul Benson Law Firm, I have dedicated my career to offering compassionate representation in matters of personal injury, negligent security, slip and falls, and premises liability. As an experienced Wisconsin premises liability attorney, I will attempt to prove that:


  • The business or property owner was responsible for your safety
  • The business or property owner owed you a legal duty of care
  • There was an unsafe or dangerous condition on the business premises
  • The business or property owner was aware of the unsafe condition on the property, but failed to do anything about it, thus, resulting in the accident
  • The accident or injury occurred due to the business or property owner's casual negligence


As your legal counsel, I will review your case, carry out a private, detailed investigation, and establish fault and liability. Also, I will determine case-value and help pursue fair financial compensation for your injuries and damages. I will fight passionately to protect your rights and help you negotiate a fair settlement with the insurance company.


Call The Paul Benson Law Firm today to schedule a free one-on-one consultation with a knowledgeable Wisconsin premises liability attorney. I proudly serve clients throughout Janesville, Rock County, and Beloit, Wisconsin.