There are several reasons why one could get seriously injured anywhere. It can be a pet biting you or a simple slip-and-fall injury. But sometimes you don’t want any legal trouble that’s why you just leave it and go on your way. And that is when you have to pay all the bills for your treatment and diagnosis because you didn’t hold the property owner liable for that.
Yes, you should know when to choose a Premise Liability Lawyer because that can save you a lot of money as well as legal trouble. But don’t worry in this guide we’ll tell you how premise liability law governs your rights.
When to choose a Premise Liability lawyer?
There is a premise liability law that governs your rights to injuries because of someone else’s negligence. You can hold the property owner liable for all your losses because of that injury including the emotional ones. Hence, you don’t need to think even twice about finding a Premise Liability Lawyer because they are very professional. Here are some simple examples of why and when you should choose a Premises Liability Attorney for your case.
Understand your status on the premises.
There are some limitations of filing a case against the premise owner and you need to be aware of those limitations.
- Invitees
If you are invited to someone else’s property, this gives you the right to exercise your full liability rights. Like, you can be in a store or delivering something to a customer’s house. In that case, they have to pay the highest duty of care towards you and your protection.
- Licensees
When somebody is invited onto someone’s property because they both (invitee and host) have mutual benefits, then the guest is a licensee. It’s because he/she has the license to visit that property anytime without invitation.
- Trespassers
Sometimes someone people/person gets on someone else’s property illegally or unintentionally. Those people are called trespassers. That’s why they do not have the right to demand full duty of care from the property owner for them. But just that the person should not get involved in a life-threateningly dangerous situation.
So, you must be between the first two categories of visitors to someone’s property to get your case end with a reward for your claim. Otherwise, you cannot claim anything from someone even if you really got hurt because of their negligence and you could prove it. Only if you fall in the first two categories of visitors, only then your lawyer help with a maximum liability claim for you.
Identify all the defendants possibly liable to you
There can be from none to many possible defendants in your liability case. It is quite tricky how you would define your defendants against your claim. And for someone who doesn’t know all this, a premise liability lawyer is what you need at the moment.
You may not know this but even the owner of the store you visited and got injured can easily be held liable for that. Yes, it can even be a company office that you visited as a guest or maybe just for an official meeting.
Understand the maximum liability you can claim
There are certain limitations to how much liability you can claim from some property owners. The law dictates some rules like how big is the property, how much can a property owner pay, or how much the insurance company can cover for the owner.
That’s not as important as how much you lost because of that injury. So you just need to think about the losses you had to take because of that accident. It can be of many types like economic, physical, mental, and even psychological damage, we’ll talk about that in the following section.
Evaluating the types of losses
Even if you know you have suffered from a lot the maximum you can think is that your medical bills should be paid by the defendant. But that’s not it, you can even claim for many types of your losses. That includes your medical bills, ongoing treatment costs, and your loss of quality of life; such as a fracture that doesn’t allow you to move for months. Loss of limb and physical damages like your assets getting broken or damaged because of the injury.
Still thinking that must be it? No, there’s even psychological trauma that you may suffer for a very long time, even for a lifetime in some cases. And the liable party has to pay for that at least, if cannot fix it.
Preparing legal documents
If you’re not a lawyer –whom you must not be if you are reading this article, you may not know anything about how the legal system works. Sometimes, some pieces of information are left abandoned by us but our lawyers know what can and cannot be used against the defendants as a strong argument. That’s why, if we ought to claim the liability, we must consult with a lawyer first so that we don’t miss anything.
This is where lawyers get their hands to work magic and use their legal sense to prove the cases. So, a premises liability attorney may help with that if not fight the whole case for you.
Negotiating the claim with insurance companies
This is the most crucial part of your liability claim. That’s where most of the self-advocating people get confused because all the insurance companies have the best lawyers for this. They trick you into getting the least liability claim. And once you’ve settled for less and signed the document; that’s it. That’s all you got now.
However, an experienced and professional premises liability lawyer can do wonders with your claim. That’s why it is said that if you’re going to fight a legal battle, never do that without a professional lawyer. They can negotiate your claim up to 200 or even 300 percent just by providing all the proof that you may miss on your own.
Wrapping up
A premise liability lawyer can help you with everything and you get your money and the lawyer’s fees after winning the liability claim. Please note that it’s not just for money, but for the negligent property owners who don’t care about people’s safety. It is to fight for others’ safety because if you can get hurt, anyone else can get hurt as well. If you have any questions about this, you can ask in the comment section below.
FAQs – Frequently Asked Questions
What is the difference between negligence and premises liability?
Premises liability cases can arise for many reasons including simple slip and fall injury to a full robbery attempt. You can sue the property owner if you got hurt even because of a dog bite for their negligence in paying attention to your safety.
What are premises liability principles?
The premises liability principle dictates that all property owners must make sure that everyone will be safe visiting their property. There are certain levels of duty of care for different kinds of visitors but in short, they should all be safe there.
What is the major difference between strict liability and negligence?
In a strict liability case, the plaintiff claims that the defendant’s negligence caused the injury and they got hurt. That’s why he/she is liable for that preventable accident and should pay for the damages that occurred.
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