If data is to be believed, more than 40 Million Americans saw a doctor last year because of being injured on someone else’s property or premises.
In very simple words, premises liability refers to the process of getting injured on someone else’s property as a result of the carelessness or negligence of the owner of the property.
Premises liability covers both individuals who visit the property as well as casual trespassers. You might be thinking that premises liability only covers internal areas. However, that is not true; it also extends to and covers external areas and locations as well.
In this article, we will shed some light on premises liability lawsuits. We will discuss how you can build a case for claiming compensation basis one and hiring the best legal expert to help you.
- 1 How to make a Premises Liability Lawsuit and Claim: What you need to know
- 2 Do you need a Legal Expert to Fight your Premises Liability Lawsuit?
- 3 The Bottom Line
How to make a Premises Liability Lawsuit and Claim: What you need to know
According to legal experts, to make a case for premises liability and claims, you need to have and prove four major things-
1. Establish Ownership and Control of the Property-
The first thing that you need to prove is that the person/group you are filing the case against owns has the lease and occupies possession of the property. This will help in establishing that the premises are under someone’s control and ownership.
2. Proving Negligence and Ignorance of the Premises Owners-
Secondly, to make sure that there is a premises liability lawsuit, you need to ensure that the injury could have been avoided if the owner was negligent. Not putting up signs, or maintaining the property without any proper care has resulted in the injury.
3. Proving that there was a definite injury as a result of the carelessness-
If you have been injured as a result of the carelessness, you need to prove the same. This can be done by getting medical records and tests that establish that you have been hurt. Getting the prescription and treatment plans for your injury can help do this as well.
4. Creating a Direct Link between the Injury and the Carelessness-
The last thing that you need to do is ensure that you can prove that the injury was not a pre-existing condition but happened as a result of the injury you suffered on someone’s premises. This is essential if you are planning to win compensation through a settlement.
Do you need a Legal Expert to Fight your Premises Liability Lawsuit?
Many people believe that filing a premises liability lawsuit is an easy task. However, what they do not realize is coordinating with everyone from the judicial officers to insurance companies is not an easy task. This is why you need a legal expert to help you with many aspects of your lawsuit.
Insurance companies are tough as nails. They thrive on denying compensation amounts to aggrieved victims. For normal people who are unaware of all the processes and how it works, insurance companies are difficult to deal with.
A well-qualified attorney can help you in different types of cases including stabbing incidents and mass shootings. If you are wondering, can I sue someone for stabbing me, the answer is yes you can!
A trained attorney that has the experience of dragging these insurance companies to court for compensations can help you win a justified amount of compensation. Trained attorneys also coordinate with medical institutions to ensure that the victim gets the best medical treatments and stands the strongest chance at recovery.
The Bottom Line
You need an attorney that is skilled, experienced and understands the intricacies of your case. If you have one, chances are you will be making a full medical recovery and also receive damages for lost wages and salaries. If you have any other questions that you would like us to answer on personal injury lawsuits or choosing an attorney, let us know in the comments below.