Maison Law represents pedestrians that get hurt in fast food parking lots across California. As an injury victim, you have the same rights and options in a Baskin Robbins parking lot as you would inside the store. Our California pedestrian accident lawyers can help guide you through the legal process. Contact us today for a free consultation
Do You Even Need a Lawyer?
When you or someone you’re with gets hurt in a Baskin Robbins parking lot, it’s almost unthinkable. Worse yet, these ice cream places are popular with families, meaning your children are the ones that could be hurt. But whether or not you need a lawyer depends on your individual circumstances. If the accident is minor, you probably don’t need to worry about taking legal action.
That said, if your injuries are more serious–and particularly if your child is the one that’s hurt–you will need more help. Our team will be there for you and your family. Here’s what we can do:
- Explain your rights and options
- Figure out who’s at fault
- Help you gather evidence
- Negotiate with insurance companies
- Properly evaluate your claim’s strengths and damages
- Make the process easier for you and your family
An injury makes every situation more difficult. That’s why we believe in our approach, but more importantly, in our ability to make the legal process easier for you. Even in situations where the accident happens in a Baskin Robbins parking lot, it’s important to first figure out who you need to file your claim against.
Who Do You File Your Claim Against?
It’s true that you have the legal right to file an injury claim when you get hurt in a pedestrian accident in a Baskin Robbins parking lot, but there’s a few things you need to figure out. First and foremost, you need to figure out who to file your claim against–and it’s not always Baskin Robbins.
In order to do this, you need to establish “negligence.” This is where someone either did something or failed to do something that caused the accident. In the context of a pedestrian accident, this makes things a bit clearer. For example, if a driver wasn’t paying attention and backs into you as you’re walking out of the restaurant, they’ll be liable for covering your damages.
But again, it depends on the circumstances. So, in these types of accidents, numerous people or parties can share liability:
- Other drivers
- Other pedestrians
- Owner or manager of the Baskin Robbins
- Baskin Robbins employees
- Parking lot attendants
- Local or state government agencies
- Parts manufacturers
Figuring out who you file your claim against is an extremely important milestone for your case. It basically sets the course for how things play out, and can even give you a better idea of how much you can get back in damages.
What Are Your Damages After a Pedestrian Accident at a Baskin Robbins?
The main legal protection in any injury situation is the ability to file a claim to recover “damages,” which refers to the losses you suffer because of the accident. You have two main options: filing an insurance claim or a lawsuit.
Both options follow a similar process, but the key difference is that insurance claims are resolved outside of court, while lawsuits go through the court system. Insurance claims are quicker but give the insurance company control over settlement offers. Lawsuits take longer but offer a more objective process and potentially higher damages.
Damages vary depending on your situation but typically include:
- Medical expenses and bills
- Lost income due to the injury
- Costs for repairing or replacing damaged property
- Financial support for pain and suffering and emotional distress
- Financial considerations for loss of companionship or quality of life
- Support for expenses related to fatal accidents
It’s crucial to remember that you have a certain deadline by which you need to file your claim. Currently in California, you have a two-year time limit for injury claims. Missing this deadline means you can’t file a claim or seek damages.
What Can You Do to Strengthen Your Claim?
Just having the legal right to file an injury claim is an automatic qualifier for your damages. Rather, you have to prove your claim with evidence and show the extent of your losses. Thus, the stronger your claim is, the more damages you can recover. One potential hurdle, though, is dealing with an insurance company that’s going to take any chance they can to devalue your claim. That’s why it’s important to take the following steps to make sure your claim stays strong:
- Get medical help right away – Even if your injury seems minor, see a doctor as soon as possible. Some injuries may not show up immediately but could worsen over time if not treated. You can ask Baskin Robbins staff for assistance or find first aid in the parking lot.
- Report the accident promptly – Report the accident to Baskin Robbins staff as soon as possible. This creates an official record and alerts them to any safety concerns. Be clear about how and where in the parking lot the accident occurred. Baskin Robbins management should take steps to fix the problem if it’s something they caused.
- Preserve evidence – Take photos or videos of the accident scene and keep any evidence, such as witness contact information and important documents, in a safe place. This evidence is obviously very important for your case.
- Keep track of your expenses – Accidents like these usually result in financial losses and other expenses. Keep a record of all these that are related to the accident. This will be helpful when you need to claim damages later on.
By following these steps, you can protect your rights and build a strong case if you need to seek compensation for your damages. While not all steps may apply to every situation, they’re good practices to follow after any accident.
Contact Maison Law After a Pedestrian Accident in a California Baskin Robbins Parking Lot
Any accident as a pedestrian can be overwhelming, but especially if it happens in a Baskin Robbins parking lot. What was probably a quick family trip can take on more serious implications when you get hurt. Our California pedestrian accident lawyers at Maison Law will be there to help, explaining your options and standing up for your rights. If you or a loved one have been injured as a pedestrian in a Baskin Robbins parking lot, contact us today for a free consultation.
