If you have been injured as a result of someone else’s negligence, you may be wondering who to turn to for help. This is a difficult decision, and there are a lot of factors to consider. In this blog post, we will explore the basics of what premises liability entails, what steps should be taken before seeking legal advice, and what you should know about the process you will take to resolve the dispute.
What is Premises Liability?
Premises liability is a legal term that refers to the responsibility of someone or something for damages sustained as a result of damage to your property caused by someone else’s negligence on your premises. Slip and fall lawsuits, product tampering, and even physical attacks can all qualify as premises liability claims. This type of case typically has three parties: you, the property owner; the person whose negligence caused the damages (the “party to the case”); and the person who prevails in the case (the “defendant”).
You may be wondering what your next steps are after deciding to file a premises liability case. Before you start talking to an attorney, take a few simple steps.
Log into your state’s bar association’s free legal information database. Find out what steps you need to take in order to hire an attorney, including forms to fill out. Read and understand your state’s relevant laws.
You are probably unsure where to start talking to an attorney. Do some research and read online case law to answer basic questions like Who should I call? What should I do to make sure my case is heard? Learn about the general procedure for working on a premises liability claim. This can vary from state to state and your specific situation.
Preparing for Your Consultation
Your lawyer is likely going to ask a lot of questions about your specific case, and these are more likely to go well if you do some research before your consultation. Have medical records or a copy of your insurance company policy handy, and look online for information about the situation that could be helpful to your lawyer. Proving damage to property is extremely important, so you may need to show your lawyer photos and other evidence of your injuries. Write a detailed outline of your case before your lawyer starts talking with you. This will help the conversation flow smoothly.
What to Expect from Your Attorney
The goal of your attorney is to help you meet the state’s requirements for claiming damages, and determine whether you should be compensated. Your premises liability attorney is likely going to investigate your situation, provide you with expert testimony, and help you draft a report documenting your damages.
Your attorney may also offer you advice about other matters related to your injury, such as medical expenses and unemployment insurance.
Reaching a Settlement
After a successful investigation, your lawyer will report back to you the results of their analysis of your case. If you and your lawyer are able to agree on a set of damages, your attorney will help you draft a final report and will represent you during the actual litigation process. All lawsuits may not be finalized within a year, and your lawyer will also work with you during this time to set a compensation amount and make sure that your case is being handled appropriately. Not all proceedings lead to court cases, so your lawyer may also discuss the possibility of a settlement without going to court.
Keep in mind that the details of your case may differ from the information given to your attorney during the consultation. If you have additional questions, ask them now so that you can be prepared.
Premises liability lawsuits can be extremely complicated. If you have questions, you should speak with an experienced lawyer before you file suit. They can advise you about the process and the law in general. If you file a suit, a qualified, experienced premises liability attorney will help you document and analyze your damages, prepare a report, and represent you during the litigation process.
Navigating the law can be confusing, but every step in your recovery process is within your power to determine. You can take care of the legalities and have the information and knowledge you need to proceed. Make sure that you consult with a qualified attorney at each step of the process so that you do not wind up in court.