If you recently suffered harm on someone else’s property due to their negligence, you may feel overwhelmed and wonder how to increase your chances of securing compensation for your losses. You likely have questions about the best way to proceed and wonder, “Should I hire a lawyer for my premises liability claim, or should I try to handle it myself?”
There are numerous reasons why you should not seek recompense for your losses without a lawyer. For example, to file a claim, you must correctly complete documents and ensure your paperwork is submitted within the appropriate window of time, which can be challenging if this is your first time dealing with this legal process. Additionally, if your claim escalates to the courtroom, you will want a lawyer who is already familiar with the details of your case representing you.
Do Not Pursue Compensation From a Property Owner Alone
You deserve compensation for the costs associated with the physical and emotional harm you suffered due to a dangerous condition a property owner or other party caused. While you do not have to hire a lawyer for your premises liability case, proceeding with a claim without an attorney’s guidance prevents you from accessing the necessary resources for filing a successful claim.
Your attorney will be able to create a strong case that shows you deserve compensation for your losses by collecting evidence such as surveillance footage, witness statements, and medical records. They will also manage communication with the property owner and insurance company, preventing you from dealing with these stressors while recovering from your injuries.
Let an Attorney Handle Your Premises Liability Case
Any time you are injured on someone else’s property due to their negligence, contacting a law firm with a team of proficient premises liability lawyers should be at the top of your list of priorities. Although not every accident has grounds for a premises liability case, many do.
At your initial consultation, your attorney will review the incident’s specifics and ensure all the required factors are present for a strong case. The sooner you contact an attorney following your accident, the sooner they can begin gathering information to strengthen your lawsuit.
A Lawyer Will Have Your Best Interests in Mind
The insurance company will not be concerned with ensuring you receive a settlement that wholly covers your sustained costs. You will need a lawyer to demand payment on your behalf and collect evidence proving you deserve an appropriate amount that is proportional to your losses.
If concerns over attorney fees have you questioning whether you should contact a lawyer, schedule a free initial consultation with Holman Schiavone, LLC. Our lawyers work on a contingency fee basis, which means we do not charge attorney fees unless we recover compensation for you.
What Are Premises Liability Claims?
Premises liability lawsuits hold property owners responsible for damages that arise from an injury occurring on an individual’s or entity’s property. When an accident happens because a property owner did not keep the property safe or failed to address dangerous conditions, “premises liability” is the result.
Premises liability cases are a type of personal injury case, which means they are negligence-based. In order to create the strongest possible claim, you will need a lawyer representing you.
Damages in a Premises Liability Claim
Legally, damages refer to the money a plaintiff (injured party or person suing) could be awarded in a lawsuit. In premises liability cases, a property owner’s negligence could result in them paying several types of damages to the injured party, depending on whether the victim received only bodily harm or if property damage or emotional suffering also occurred.
Multiple factors will impact the amount of money a property owner ends up paying the injured party, such as the type and severity of the injury the victim received, the amount the insurance company agrees to pay, and if the victim chooses to work with an experienced premises liability lawyer or not. Some damages you may claim in your premises liability case include the following:
Medical Bills
Premises liability cases involve injuries that require the injured party to seek medical attention. As a result, the medical costs typically make up the bulk of the damages a victim receives. Severe injuries can leave a victim needing multiple surgical procedures, extensive physical therapy, medical supplies, and prescriptions.
These expenses can have a devastating effect on your financial circumstances, and you have a right to pursue compensation for the injuries you received on someone else’s property. An experienced lawyer will gather evidence to highlight the severity of your injury, such as your medical records and expert testimonies, and use this information to seek fair compensation for your losses.
Pain and Suffering
Pain and suffering are considered non-economic damages, which means they are challenging to put a price on. Proving emotional distress and mental anguish in a premises liability case is not something you can do on your own. You will want to work with professional liability lawyers to increase your chances of getting a fair settlement for emotional pain. Consulting with a law firm specializing in premises liability offers you the best opportunity for a successful case.
Lost Wages
An injury can leave you in a financial bind, whether you are a business owner or an employee. You will likely miss work as you recover from your injury, and you should be compensated for your lost wages.
Since the insurance company wants to make the lowest settlement offer they think you will accept, they will try to undervalue your losses and may even try to pressure you into accepting a settlement before you realize the long-term impact the accident will have on your ability to earn a living. A personal injury lawyer who is experienced in handling premises liability cases can ensure the property owner is held accountable for how the injury impacted your future earning capacity.
Punitive Damages
When a property owner takes an action that deliberately prevents their private property from being considered reasonably safe premises, they may have to pay punitive damages. Punitive damages exist to serve as a deterrent and punishment for especially abhorrent or egregious behavior.
If the property owner committed a crime that resulted in dangerous conditions, the premises liability case outcome might involve them paying for this type of damage. To effectively collect evidence and prove a property owner acted maliciously and caused you personal harm, you will need a lawyer for your premises liability case.
What Must Your Lawyer Prove For Your Claim to Be Successful?
Not all accidents have the necessary elements to constitute a successful premises liability lawsuit. Premises liability law requires victims to prove four things about their accident for it to be considered a premises liability case.
Your attorney and legal team will investigate the circumstances surrounding your accident to ensure the necessary factors exist for a successful premises liability lawsuit. Your personal injury attorney will prove the following things:
- That the defendant leased, owned, or legally occupied the property in some way
- That the property owner or other party failed to provide a reasonably safe environment or caused a dangerous condition that caused your injury
- That you were actually injured in the accident
- That your injuries directly resulted from the defendant’s negligence
Common Injuries From a Premises Liability Accident
While just about any injury you imagine could end up as the basis of a premise liability case, there are certain injuries that appear more frequently in claims. Premises liability and personal injury lawyers regularly seek justice for clients who have suffered the following common injuries after an accident on someone else’s property.
- Brain injuries
- Bruises, contusions, and lacerations
- Broken bones
- Burn injuries
- Drowning
- Spinal cord injuries
Contact a Missouri Premises Liability Lawyer Today
While you do not have to work with a premises liability lawyer, you do need a lawyer to increase your odds of receiving fair compensation for your injuries. At Holman Schiavone, LLC, our law firm is prepared to go the extra mile to get you the best outcome attainable under the law.
Whether that means making phone calls to gather witness statements or collecting evidence from the incident scene, our legal team is committed to your case and eager to do the work necessary to prove you deserve recompense for your losses.
Schedule a free consultation with an experienced lawyer today; call Holman Schiavone, LLC, at 816-399-5149.
