Regardless of the injury you’ve sustained, verifying fault for premises liability can be complex. You don’t just need to prove that you incurred an injury; you also must substantiate the claim that your injury arose because of some hazard that exists or existed on someone’s property.
Moreover, you should provide evidence to support the claim that your injury was due to the negligence of the property owner.
If you’re a victim of negligence and have suffered devastating physical impairment and financial loss from costly medical bills you need to hold the negligent party liable for compensation. But like many, you might not even know where to seek legal help. You’ll want to hire a proficient premises liability lawyer to increase your likelihood of receiving the deserved compensation. Here’s an in-depth look at what this option entails.
This legal concept applies in personal injury cases where some kind of defective or unsafe condition on somebody’s property caused your injury. Therefore, premises liability denotes the legal accountability of a proprietor if you sustained injuries due to unsafe property conditions in their premises.
Such situations can take place virtually anywhere, whether in an open space or within a structure. Common instances include construction site accidents, swimming pool mishaps, and animal bites. It’s worth noting that sustaining an injury in somebody’s property doesn’t imply negligence on the owner’s part.
Moreover, just because the property was in an unsafe condition, which led to your injury, doesn’t automatically imply the owner’s negligence, either. You must prove that the property owner was aware of the unsafe conditions, or should have known, and didn’t adopt appropriate measures to improve them.
Although you want to hire a lawyer in virtually any personal injury case, retaining an attorney’s services is particularly important. Remember, it can be difficult to prove the owner’s fault in a slip and fall, or an accident in another’s premises.
Additionally, business owners and their insurers will rarely admit liability for compensating you or will offer a low settlement. Retaining a lawyer will inform the insurance adjuster that you’re serious about your claim and in obtaining the deserved claim amount.
Most clients involved in such cases lack the legal resources or the experience required to pursue a claim on their own. Navigating this process can also be overwhelming, more so if the injuries have led to considerable medical costs and incapacity to work.
Beware of insurance companies that prey on such claimants and don’t have your best interest at heart. You might even feel considerable pressure to accept an initial settlement offer that doesn’t adequately compensate for your injuries.
Your best recourse is to hire experienced attorneys such as Oliveira Law to secure the maximum possible compensation for your injuries.
Evidence can take numerous forms, and the kinds you’ll need will partly depend on the distinct facts surrounding the dispute and accident. Some helpful proofs in such cases include:
You’ll want to take pictures of the dangerous condition that caused the accident, for instance, a water puddle, debris, or crack in a parking lot. You should take the photos immediately after the incident, before the owner has the opportunity to repair the hazard.
Insurers will want to obtain and evaluate the insurance policies of the negligent party. If the property owner is a different party, or if other potentially responsible lawyers exist, experienced attorneys will evaluate their policies as well.
Since your injuries are your claim’s basis, medical records concerning your treatments and the corresponding bills are important pieces of evidence. These will aid your attorney in verifying the extent of damage, and consequently, the compensation amount you must receive for medical costs.
Based on the disputes of the case, you might need witnesses with various expertise. Medical professionals are always necessary to demonstrate the degree of your injuries, the essential treatments, and the final prognosis.
If the accident’s cause is in dispute, you might require the services of an accident reconstruction professional. Engineers, economic specialists, and vocational and physical rehab counselors are other experts that could reinforce your claim.
If you’re debating whether or not to hire a lawyer for your premises liability case, here’s a list of things a lawyer will do for you during the duration of your case:
Premises liability decrees vary across states. However, all property owners are legally mandated to maintain a safe setting for everyone visiting their property. For instance, business owners must ensure their premises are safe for employees, customers, and visitors.
However, this doesn’t always imply that the owner is at fault when somebody sustains an injury at the premises, particularly if the injured party ignored instructions for safety or acted negligently.
Winning such a case isn’t simply about filing a lawsuit against the premises owner. The burden of proof lies with you, so you must convince the court that the defendant’s negligence caused your injuries. To achieve this, you’ll require solid evidence.
It would be unwise to presume that your videos and photos of the scene are sufficient. You require an experienced attorney like Oliveira Law to gather evidence, including witness testimony, to help you win the case.
You deserve compensation if you sustained injuries as a result of a property owner’s negligence. Thankfully, our proficient legal team is ready to take you through this process. Contact us today for a consultation.