The types of damages you could receive for a premises liability claim depend largely on the details of your case. As a victim, you could have experienced many different forms of losses and suffering.
Potentially Recoverable Damages in a Premises Liability Claim
If you can prove another party was liable, it is possible to recover these damages.
Noneconomic Damages
We can fight to recover compensation for non-economic damages, such as pain and suffering, mental anguish, and loss of enjoyment of life.
Medical Bills
You can recover compensation for any medical expenses you incurred due to your injury. This could include emergency transportation and treatment, ongoing care, prescription medications, surgeries, and assistive devices.
Lost Wages
You may be entitled to compensation for any wages you lost due to your injury.
Diminished Earning Capacity
We can demand compensation if your injuries will cause you to work fewer hours or retire from the workforce.
Loss of a Loved One
If you lost a loved one due to an injury on another party’s property, we can help you recover compensation for funeral and burial expenses, loss of services and support, lost wages and benefits, and loss of companionship.
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Premises Liability FAQs
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It is important to prove that the liable party in your case was negligent if you are seeking damages. Some victims choose to hire a lawyer with knowledge of premises liability cases to help them secure justice. The other party could be liable in your case in several different ways.
Negligence, a common cause of liability in premises liability cases, includes any failure to act in a reasonable or safe manner. This might include:
- Failure to remove snow and ice
- Failure to maintain safe walkways, elevators, or stairways
- Poor electrical wiring
- A lack of security
- Fire hazards
There are many ways in which you could have been injured or experienced losses at the hands of another party. If you think that another party was liable in any way in your case, you may be able to recover compensation. A lawyer with our firm will be able to help you understand what damages you can receive for a premises liability claim, as every case is different.
Ways Victims of Premises Liability Cases Suffer Damages
Sometimes the types of compensation you could be eligible for depends on your suffering and loss. There is no question that an accident or incident taking place on someone else’s property can change your life. There are several forms of suffering you could be experiencing in this circumstance, including emotional repercussions, physical trauma, and financial loss.
- Physical injuries: Physical injuries in premises liability cases can be both minor and severe. While even a minor injury can affect your life, more severe injuries could lead to disability or wrongful death of a loved one. If you were injured in any way, you could be entitled to compensation.
- Emotional suffering: If you suffered emotionally from stress, anxiety, or in other ways following your accident, it is possible to recover damages. More serious emotional repercussions from an accident can require many medical visits that can become expensive over time.
- Property loss: Thefts, vehicle accidents, and other types of loss are common in premises liability cases. Another party might have been at fault, in which case you could be compensated for your loss.
- Financial difficulties: Medical bills, property loss, and other factors can contribute to financial difficulties. You do not deserve to be under financial stress because of the negligence of a liable party. Remember that you have options as a victim.
Hiring a lawyer could be beneficial as you weigh your options.
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How Hiring a Lawyer From Our Firm Can Help
Hiring a lawyer from our firm to help you on your legal journey could help you in several ways, including:
- Filing paperwork and other tedious, time-consuming tasks
- Answering your questions
- Supporting as you struggle during this challenging time
- Fighting to recover a fair amount of compensation on your behalf
You do not have to go through this difficult chapter in your life alone. Remember that one of our lawyers is standing by to help. You could have a limited amount of time to act based on the statute of limitations imposed by OCGA §9-3-33 or OCGA §36-33-5.
Your Lawyer Will Deal With the Insurance Company
The owner of the residential or commercial property where your injuries occurred is responsible for your financial compensation if they negligently allowed the property to fall into disrepair. However, this compensation is likely to come from their insurance company.
When you have legal representation, they will handle the insurance company on your behalf by:
- Assigning liability to the insurer’s client
- Handling all verbal and written communication
- Collecting and presenting compelling evidence
Your lawyer also handles a critical aspect of your case—negotiating a settlement with the insurer. Therefore, their guidance can ensure your settlement is fair and accurate in detail and financial assessment. In addition, because your state has laws regarding insurance company actions, your lawyer can ensure the insurer disburses your compensation on time.
Settling Your Lawsuit Can Take Time
Reaching a settlement agreement is the likely outcome of your premises liability case. Unfortunately, it can take time to reach a settlement agreement. The following factors influence your negotiation timeline:
- The time it takes to collect evidence
- How long the insurer takes to review evidence
- The number of back-and-forth negotiation rounds
As the plaintiff, you also play an essential role in your settlement timeline. You, not your lawyer, have the final say in accepting a settlement offer. Your lawyer may advise you to reject a speedy—but insufficient—settlement. Instead, they will fight for a favorable outcome and ensure you make a well-informed settlement decision.
Leave it to your lawyer. They will ensure the insurance company complies with all legal parameters and timelines. The goal will be to obtain the best possible outcome for your case within a reasonable amount of time.
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Proving the At-Fault Party’s Financial Liability
Before your case gets to the negotiation phase, the property owner’s insurer will want proof of their policyholder’s liability. To prove liability, your lawyer must document how the owner:
- Owed you a duty of reasonable care
- Breached their responsibility to provide it
- Caused your accident through their negligence
- Forced you to incur financial consequences
You do not have to prove negligence by yourself. While you focus on your physical recovery, your lawyer can do this for you. Your legal team will collect physical evidence and documents establishing negligence’s legal elements. In addition, they will organize and present the accumulated evidence on your behalf.
What to Expect if Your Insurance Claim Turns Into a Lawsuit
Your premises liability case is a type of personal injury case. Rarely do cases like these result in a lawsuit. However, if yours does, your lawyer will use the discovery process to understand the details of your case. They will also conduct depositions and interrogatories.
Your lawyer will assist you in preparing for any court appearances. They will also prepare your evidence for trial. In addition, an insurance settlement can occur at any time until a judge or jury returns a verdict. Therefore, your lawyer will continue to fight for an out-of-court settlement that adequately compensates you for the physical and emotional injuries you’ve sustained.
Getting Legal Help
If you were hurt or experienced losses in an accident on the premises of another party, remember that you are not alone. Whether you are ready to act today or simply want to explore your options, Bader Scott Injury Lawyers are here for you.
Contact us today for a free, no-obligation consultation with a team member. You could be eligible to receive damages for your premises liability case. You pay nothing upfront and owe us no attorney’s fees unless you recover compensation.
Call or text (404) 888-8888 or complete a Free Case Evaluation form
