Do I Need a Lawyer for My Premises Liability Case?
You do not need a lawyer for your premises liability case, but it can benefit your case to have a legal professional who is familiar with the legal process fighting for you. If you’ve been injured as a result of the dangerous conditions on someone else’s property, you deserve compensation for your injuries and losses. Premises liability laws mandate that business and property owners and others act reasonably to protect the safety of all persons on that property. Failure to do so can result in legal liability.
Premises liability laws can be complex and vary from state to state. Working with an experienced personal injury attorney can mean the difference between being fully compensated for your losses and accepting an unfairly low settlement. Very often self-represented victims settle their claims for pennies on the dollar.
Steps to Take If You Are Injured on Someone Else’s Property
If you are injured on someone else’s property, you should:
- Call the police so that they can document your incident.
- Try to obtain the names and contact information of any witnesses.
- Take photographs of the cause of your accident or ask someone else to do so.
- Seek medical attention as soon as possible and document the visit, the associated cost, the diagnosis, and all recommended treatment procedures.
- Consult a premises liability or personal injury attorney for guidance in how to best protect your rights.
Elements of a Successful Premises Liability Claim
In order to bring a claim against a business or property owner, managing agent, tenant, or other party, victims must prove that their injury resulted from a failure to act reasonably under the circumstances.
A personal injury lawyer can prove:
- That the property owner or other party knew or should have known about dangerous conditions on the property that caused your injuries
- That the property owner or other party caused or created a dangerous condition that resulted in your injuries
- That the property owner or other party failed to address the dangerous condition or adequately warn visitors of its existence
An attorney will review the unique details of your incident, communicate with the business or property owner, secure evidence before it is lost, take reports from eyewitnesses, request surveillance footage, and consult with experts in the field to clearly demonstrate the role negligence played in your injuries.
The Advantages of Seeking Legal Counsel
The law can get complex when issues of ownership or legal fault come into play. For example, if you’ve tripped as a result of a sidewalk that’s been left in disrepair, who “owns” that sidewalk? In some instances, the town or city owns the sidewalk. In other instances, the business or property owner is responsible for the maintenance of the surrounding sidewalks. Determining ownership – and, therefore, liability – will be the first step an attorney takes when fighting for fair compensation.
An experienced injury attorney will know the specific laws, requirements, and statutes of limitations that apply to your case. With this knowledge, your attorney will gather required documentation and evidence to build a case that clearly outlines the expenses you’ve incurred and the pain you’ve suffered.
An attorney can fight for fair and reasonable compensation for all of your damages including:
- Pain and Suffering: This includes the physical pain of your bodily injuries, mental anguish, and emotional pain and suffering and covers any costs associated with restoring your quality of life and emotional well-being.
- Medical Expenses: This includes expenses related to doctor visits, emergency room trips, hospital stays, surgical procedures, medications, rehabilitation services, and more.
- Lost Wages and Reduced Earning Capacity: This includes any wages lost as a result of an immediate inability to work and any loss of future earning capacity resulting from an inability to return to work in the same capacity as before the accident.
Call Our Attorneys Today for a Free Consultation
If you sustained injuries as the result of negligence, don’t accept less than you deserve. Regardless of the specifics of your case, our goal is to protect the rights of you and your family. Call us to speak with a lawyer for premises liability in NYC now.
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