Apartment stair broke in Clovis, do I call insurance or sue?
Everyone says "just call the insurance company," but actually the insurer's goal is to close the claim cheaply and fast.
From the insurance company's perspective, this is a simple property claim. They may act like the apartment owner's policy will "take care of it" if you give a recorded statement, sign medical releases, and accept a quick check before the end of the year. They may also suggest your fall was just bad luck, worn shoes, age, or a preexisting condition if you use Medicare or already have back, knee, or balance problems.
That is what they want you to believe.
In reality, a broken stair at a Clovis apartment can be a premises liability claim against the property owner, landlord, or management company if they knew or should have known the stair was unsafe and failed to fix it or warn people. In New Mexico, the usual deadline to file a lawsuit for a personal injury is 3 years under NMSA 1978, Section 37-1-8. If the property is owned by a city, county, or other public body, the notice rules can be much shorter under the New Mexico Tort Claims Act.
What you do first matters:
- Report the fall to the apartment manager in writing
- Get photos of the stair, railing, lighting, and any warning signs
- Ask for the names of anyone who saw it
- Keep the shoes and clothes you were wearing
- Save every bill, Medicare summary, and prescription receipt
If they offer money quickly, that usually means they want a release signed before the full cost is clear. Once you sign, the claim is usually over.
If an ambulance came, request records from Clovis Fire Department EMS. If code violations may be involved, the City of Clovis Building Safety office may also have useful inspection information.
The information above is educational and does not create an attorney-client relationship. Every injury case turns on its own facts. If you're dealing with this right now, get a professional opinion.
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