An estate sale, also known as an estate auction or estate liquidation, is an event that’s held in order to dispose of objects after someone’s death. Alternatively, family members may hold an estate sale to sell off belongings of a relative that needs to be moved to a nursing home or another facility. These sales are an effective way to liquidate the estate as soon as possible and distribute the funds to the surviving family members. Estate auctions can also be ordered by the court if loved ones are unable to come to an agreement on what to do with the decedent’s property.
There are certain guidelines for how to conduct an estate sale, as accidents can occur very easily at these events. The majority of estate sale injury cases are due to the following incidents:
- Slip and fall
- Trip and fall
- Falling objects
If you had an accident at an estate auction, contact the lawyers of Normandie as soon as possible. If you were harmed due to negligence by the estate sale organizers, we can help you file a lawsuit and receive compensation for your monetary losses.
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Why are Accidents so Common at Estate Sales?
Estate sales can be crowded and tightly packed events, due to the sheer volume of stuff that’s on sale. Clothing, jewelry, furniture, auto parts, tools, and appliances are just some of the things people look for when they come to an estate auction. In short, there are a lot of objects and a lot of people packed into estate sales, which is the perfect recipe for accidents.
It’s not hard to imagine people tripping over things, either from a lack of space or people discarding things on the floor instead of putting them in garbage cans. Slip and fall accidents can happen as well from a variety of conditions, including poor lighting, wet floors, broken handrails, ice and snow, worn carpeting or tiles, and spilled drinks and food.
Falling objects are another source of injury at estate auctions. Keep in mind that these sales are normally held in people’s homes, and some of the items may be on shelves or hanging from the walls. Sometimes, there are tall pieces of furniture or home décor that can fall over and hit someone. Failure to properly secure objects at an estate sale can lead to extremely serious injuries, including brain damage, broken bones, and loss of function in the limbs.
Who Can I Sue if I was Injured at an Estate Sale?
Generally, estate auctions are arranged by private firms that are hired by family members or the executor of the estate. They handle every aspect of the process, which includes appraising the items, obtaining a permit to hold the sale, advertising the auction, and providing refreshments for the guests.
Security is another critical aspect that’s handled by these companies, though individuals that hold auctions on their own must also follow these standards. For example, organizers must ensure that only a certain number of people are the premises at any given time. This can be done by issuing numbered tickets so that only a specific number of people are allowed into the property. Some auctions have sign-up sheets instead of tickets, but the important thing is that there is a system in place to prevent overcrowding.
Auction firms are responsible for many other safety precautions, like removing slip and fall hazards and making sure items are placed in areas where people are unlikely to trip over them. Thus, if you fell down due to water or some other slippery substance on the floor at an estate sale, you may be entitled to monetary compensation from the organizers. If the sale is being conducted by the estate administrator, you may need to sue the decedent’s estate instead of a private company.
No matter who is responsible for your accident, there’s no denying that these are complicated lawsuits with different procedures, based on the entity you are suing. An estate auction injury accident lawyer at our office can guide you through the process and fight for the settlement you deserve. Contact us right away for a free consultation on your rights and legal options.
Monetary Compensation for an Estate Auction Injury Case
If you have grounds to demand compensation from the responsible party, you may be entitled to the following monetary damages:
- Expenses for medical treatments and services
- Income you’ve lost from your job / business due to your injuries
- Pain and suffering
- Emotional distress
- Value of lost or damaged belongings
- Attorney’s fees
- Punitive damages
You may not qualify to receive every payment listed above, but just the cost of medical bills and lost wages can be significant depending on the necessary treatments and how long you will be out of work. Non-economic damages, like pain and suffering, can be a valuable addition to any accident claim, but you will need help from an attorney to determine how much you can receive.
An estate sale injury lawyer can also help you figure out the total value of your case, which is different for each claimant. Fall-related accidents, like slip and falls, typically result in serious injury, and as a result, $125,000 to $2,500,000 is a reasonable settlement range. But some cases will be settled for less, while others are worth $5 million or more, based on the degree of injury and liability by the defendant.
How Long Does it Take to Settle These Cases?
Those who are injured at an estate auction are eager to receive payment as soon as possible and move forward with their lives. This process can unfortunately take longer than expected, though we aim to settle all cases within 6 months. For some claimants, 30 days may be enough to reach a settlement, while in other cases, it takes 2 or more years before the victim is compensated by the defendant. If you would like to learn about the issues that can impact the settlement process for an estate sale accident case, contact us to schedule a free case review.
Time Limit to Sue for an Estate Auction Injury
Your lawsuit must be filed within the statute of limitations, which is a time limit set by the court system. For a personal injury claim, you normally have a period of two years to file a lawsuit against the negligent individual or entity. Exceptions to the statute of limitations are only granted in rare circumstances, and they are very difficult to obtain. That’s why you should initiate the legal process immediately if conditions at an estate sale caused you to be injured from a trip and fall or any other accident. We can help you file a claim and fight for the compensation you are owed, so don’t hesitate to give us a call.
Legal Advice from an Estate Sale Accident Injury Attorney
An estate sale is very different than putting together a garage sale in front of your yard. These are large-scale events that attract tons of people, and there are many regulations pertaining to crowd control and prevention of injuries to others. No matter who is responsible for your accident, immediate legal action is essential to protecting your rights if you sustained injuries at an estate liquidation sale.
Our services include free initial consultations, as well as free second opinions. A second opinion can help you if you are in the middle of a case, but there are issues that you would like to discuss with another attorney. Whether you come to us as a new client or as a transfer from a different law firm, you won’t pay anything upfront, as we operate under a contingency-fee structure. In addition, we have a Zero Fee Guarantee policy, so that you won’t be responsible for any legal fees in the event we don’t win your case.
For more information on your legal rights, contact our law firm and schedule a free case evaluation.
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