What Can I do About Premises Liability
In premises liability cases, many injured people are unsure of what rights and options they have regarding filing a lawsuit against the negligent landowner. This is a serious situation that often requires the help of a skilled lawyer. Unfortunately, simply because they don’t know the legal system, many of those who have been harmed fail to take any action whatsoever because they feel as though nothing would come of it. This is not entirely true. Legal options are available to those hurt by negligence.
The Right to Compensation
When someone’s negligence causes you significant harm, there are legal avenues to prove the reckless actions of the land or property owner to maintain their grounds. If it is shown that a hazard existed with the knowledge of the owner without warning to the public or invitees, the owner would be liable for any injuries caused. Victims of accidents caused by the negligence of property owners can file what is called a premises liability claim. This is a form of personal injury claim that holds those responsible for injuries on their property accountable by having them pay compensation to those affected for the damages they suffered.
Damages and Your Premises Liability Claim
Individuals may seek compensation for economic damages—including medical expenses, rehabilitation costs, and lost wages—as well as non-economic damages, such as pain and suffering. These damages can add up to quite a bit depending on the accident injury but even seemingly minor injuries should not be disregarded since the damages they may cause can be significant. It is integral to any personal injury claim that these damages be calculated accurately so as to avoid disputes at the negotiating table.
How does a Premises Liability Claim Work?
When you file a premises liability claim you must know exactly who is the party that owns the premises you were injured on and exactly whose negligence resulted in your injury. This can sometimes be more difficult that one may expect since there may be multiple parties at fault or the accident may have occurred on a property with disputable owners. A claimant will typically have to file a claim with the insurance of whichever party is responsible as well as with their own insurance if circumstances warrant this.
With a claim open a claimant will then have to send a demand package thoroughly detailing their situation of the accident that occurred, the injuries sustained, the damages that have been suffered, as well as proof that the party in question is liable because of their negligence. Both parties may communicate with each other over various details regarding the accident and will negotiate a settlement that both sides can agree is fair and agreeable. However, there are a number of things that can occur that can make this process all the more complex. A claim may be rejected or denied when the liable party believes that it is not credible or that they can successfully fight it. Sometimes a settlement just cannot be reached and the matter can go on to a trial where a jury decides the matter of fair compensation.
Filing a Premised Liability Claim is the Right Thing to Do
Not only does taking legal action help you cover the expenses associated with the injury, but it also incites change and brings about justice. Injured individuals can force property owners to ensure their grounds are safe from potential dangers.
When a lawsuit is filed, the negligent action of the property owner is brought into the public light. As such, you can force them to change their policies, emphasizing on safety. This may help prevent others in the future from sustaining serious injury. Our Florida premises liability attorneys at Viles & Beckman are on your side, working to help you understand your rights and options when moving forward. You deserve to have strong legal advocacy in your corner at all times. Trust that our firm has the experience, skill, and resources necessary to help you seek the most favorable outcome possible.
Call us at (239) 334-3933 today and discover the legal options you may have.
About the Author of this Page: The above information was written or reviewed by one of the attorneys at Viles & Beckman LLC who have a combined experience of nearly 60 years: Marcus Viles, Michael Beckman or Maria Alaimo. The information provided in this article comes from years of experience trying legal cases outside and inside courtrooms throughout Florida along with extensive research.