Premises Liability Accident Lawyers
If you suffer an injury while on another person’s property, and that injury is due to an act or omission by the property owner, you may have a premises liability claim. Negligence on the part of the property owner is essential. The nature and extent of the injury will be important considerations, of course, but that goes to the issue of damages. If you are hurt and it is the responsibility of the property owner, you are able to seek recovery of all damages that the law allows.
if you are seriously injured, you may face high medical expenses and be out of work for months or more. You might even be permanently handicapped. Since many people are not aware of the claims process, they should hire experienced attorneys. A good attorney is essential to obtaining the compensation you deserve for your injuries.
At Thomas Hunter Law Firm in Savannah, GA, we have experience representing clients in premises liability cases. Please do not hesitate to contact us for a free consultation or with any questions concerning a potential premises liability case.
Why Is It Important To Hire An Experienced Lawyer For Your Premises Liability Case?
Hiring an attorney is essential in almost any personal injury case, and it is especially so in a premises liability case. In many states, special, and sometimes unusual, laws have developed that favor premises owners. Sometimes, it seems that it’s not what you say, but it’s the way that you say it! It is challenging to prove the property owner’s or business’s fault in a premises liability accident. These owners and their insurance companies will rarely admit fault or offer you compensation that is fair and just. Here are some of the ways a skilled lawyer can help you in your case:
1. Investigate Your Assertion/Claim.
Your accident will be investigated extensively by an experienced attorney. The sooner your lawyer can get started, the more and better the evidence he or she can obtain and preserve. Evidence might include copies of an accident report, photographs, medical records, pay stubs, statements of witnesses, and company security videos that may have captured your accident. In addition, your lawyer may go to the accident scene or have an expert evaluate the accident scene. To show the business’s or property owner’s negligence and the extent of your losses, you’ll need to fully investigate your claim and gather evidence.
2. Interview Witnesses
Soon after your accident, your attorney would speak with witnesses and get their statements. Witnesses may drift away or forget about your accident if this is not pursued promptly. Furthermore, if locating a crucial witness becomes difficult, your lawyer may be able to assist you.
3. Identify All Accountable Parties
More than the business or property owner may be liable to compensate you in some premises liability claims. Identifying all possible parties can help you get a complete settlement. When an attorney investigates your case, he will be able to identify all parties who may have been involved in the incident and pursue compensation on your behalf.
4. Identify Your Claim Value.
Based on the merits and limitations of your claim and your lawyer’s expertise settling comparable claims, a personal injury lawyer will have a good idea of how much your claim is worth.
5. Engage The Services Of Expert Witnesses.
To prove some elements of your case, including, perhaps, the degree of your injuries and the mechanism of your injury itself, you may need to employ one or more expert witnesses. Your treating physician or another doctor may be an expert. Other specialists may be required to substantiate liability and the amount of compensation you are awarded, such as an accident reconstruction expert, flooring expert, vocational rehabilitation therapist, or economist. A lawyer should have access to a network of skilled experts.
6. Negotiate Your Settlement.
When negotiating your claim, an experienced lawyer will do a better job that you can. He will be prepared for the insurance adjuster’s attempts to deny or minimize your claim, and he’ll have facts, arguments and methods to deal with them. Your lawyer will have more success if he is ready and prepared to file suit, and to take a case to trial, if necessary. That show the insurance company that he means business! If the adjuster knows that your lawyer will not tolerate lowball offers, the adjuster will be more likely to be fair in settlement negotiations.
7. File A lawsuit
Even a skilled attorney may not resolve a dispute through settlement negotiations. If settlement negotiations fail, he has the option to file a lawsuit on your behalf before the statute of limitations expires.
Frequently Asked Questions
What Is A Premises Liability Lawsuit?
Property owners might be held accountable for injuries on their property due to their negligence if a liability claim is filed. These cases may involve people who are occupiers of property as well as owners of property. As with all negligence claims, the owner must have been negligent in some way, which resulted in a dangerous or hazardous condition; the victim must have suffered some reasonably foreseeable harm, and; and the injury must have caused the victim’s damages. In many cases, the owner must have known, or in the exercise of reasonable care, should have known of the hazardous or dangerous condition.
What Qualifies As A Dangerous Condition?
Any condition that a reasonable person would construe as potentially dangerous might qualify. In premises liability proceedings, the following are examples of conditions that might be considered as “dangerous”:
- The risk of someone slipping and falling is increased by loose rugs or flooring.
- In a parking lot or on a sidewalk, snow and ice accumulation, raised or broken sidewalks, unfilled potholes.
- Inadequate security personnel and lighting puts people at risk of being assaulted or hurt
- Dangerous canines roaming freely on the premises, raising the risk of a dog bite.
- Swimming pools and hot tubs that aren’t fenced.
With so many potential possibilities for a premises liability lawsuit, it’s critical to seek sound legal advice. The Thomas Hunter Law Firm will evaluate the scenario and variables to determine whether you have a prospect of recovering your losses.
Is It Possible To File A Premises Liability Lawsuit If I Slip And Fall In A Public Space?
Whether you fall on private property or public property, the injuries are the same, the elements of proof are the generally same and the defenses are generally the same. If you are injured on public property, you will need to determine what governmental entity owns the property and whether the government has sovereign immunity, or limited sovereign immunity, from suit. Many, if not most, governments carry liability insurance to some limit and waive sovereign immunity up to the limit of their insurance coverage. Claims against governments can be tricky, however, so make sure you cross your Ts and dot your Is! If a governmental entity – city, county, state or federal government – requires ante litem notice, be sure you comply. That notice, like statutes of limitation, can bar recovery if you fail to comply with it. Your lawyer will know what to do.
Premises Liability Accident Attorney In Savannah, GA
If you are hurt on someone else’s property, let Thomas Hunter Law Firm in Savannah, GA, help you get the compensation you deserve.
Mr. Hunter has over 40 years of experience and is familiar with the processes used by insurance companies to deny claims or pay less than that to which the victim is entitled. In addition, having experience with insurance companies, he is not hesitant to take your case to trial, if necessary.
Personal injury law applies to any injury that one person causes to another. A Personal Injury lawyer will always be able to assist those who experience these types of situations and have been wrongfully harmed!