When you get hurt because someone failed to maintain a safe property, the consequences can follow you long after the accident. While you are trying to recover, insurance companies may push for a quick settlement that does not account for the full extent of your losses. Fortunately, an experienced premises liability lawyer can fight for your rights after an accident.
At Sweet James, we have over 25 years of experience helping injury victims. We take a personalized approach to these cases, focusing on the harm you have suffered and the compensation you may be entitled to pursue.
If you were injured because a property owner, business, or another responsible party failed to maintain reasonably safe conditions, contact us today for a free case evaluation with a personal injury lawyer.
How Our Premises Liability Attorneys Help Injury Victims
Premises liability claims can arise in many different settings, from private residences and apartment complexes to grocery stores, hotels, office buildings, parking garages, and public spaces. Depending on where the accident happened, more than one party may share responsibility for the conditions that caused your injuries.
Determining who is legally liable requires a close examination of the property’s ownership, maintenance responsibilities, and the events leading up to the accident. At Sweet James, we’ll begin by investigating how the injury occurred and identifying the parties who may be responsible.
When a case involves technical questions, we may consult qualified professionals who can help explain how a dangerous condition developed and whether reasonable safety measures were overlooked. We’ll also assess your long-term needs as we build a more complete picture of your claim. Throughout the process, we’ll keep you informed about important developments.
Compensation You Can Pursue in a Premises Liability Case
The amount of compensation available in a premises liability case depends on factors such as the severity of your injuries, the treatment you need, the time required for recovery, and the effect the accident has on your ability to work and enjoy daily life.
Depending on the applicable law and the facts of your case, recoverable damages may include:
- Medical expenses
- Future medical costs
- Lost wages
- Reduced earning capacity
- Pain and suffering
- Emotional distress
- Mental anguish
- Permanent disability
- Scarring and disfigurement
- Loss of enjoyment of life
- Property damage
Depending on the state in which your accident occurred and the specific details, punitive or exemplary damages may also be available. These damages are generally reserved for conduct that meets a demanding legal standard, such as certain forms of intentional wrongdoing or especially reckless misconduct.
At Sweet James, we’ll consider both the immediate costs of an injury and the potential consequences that may continue into the future. Our goal is to help you understand the potential value of your claim and pursue compensation supported by the available evidence.
Proving Negligence in a Premises Liability Case
When attempting to establish liability, you will generally need to show that a responsible party failed to exercise the legally required level of care and that this failure led to your injury. The precise legal requirements that apply to your case vary by jurisdiction and may depend on your status on the property when the accident occurred.
Evidence commonly used to support a premises liability claim may help establish that:
- A hazardous condition existed on the property
- The responsible party created the hazard, knew about it, or should reasonably have discovered it
- The party failed to take appropriate steps to repair the condition, remove the danger, or provide an adequate warning when required
- The unsafe condition caused the injury
- The injured person suffered compensable losses
The property owner’s knowledge of the hazard can be especially important. For example, evidence that a business received repeated complaints about a slippery entrance but failed to address the problem may help establish that it had notice of the danger.
Fault can also be disputed. Some states apply comparative negligence rules that allow an injured person to recover damages even when they share responsibility for an accident, although their compensation may be reduced. Other states use different approaches, and certain rules can restrict recovery when an injured person is assigned a particular share of fault.
Insurance companies may argue that you should have noticed the hazard or acted differently. At Sweet James, our premises liability lawyers will examine the available evidence and challenge unsupported attempts to shift responsibility away from the parties whose conduct contributed to the injury.
Strict Deadlines Apply for Filing Premises Liability Lawsuits
Every state has a personal injury statute of limitations that restricts the amount of time you have to file a lawsuit after suffering an injury. The time you have to file can vary significantly depending on where your accident occurred.
For example, in Kentucky, KRS § 413.140(1)(a) sets the general personal injury statute of limitations at just one year, whereas in Maine, Title 14, §752 grants injury victims six years to file the paperwork for a lawsuit after getting hurt.
Deadlines can vary further under certain circumstances, such as if the accident resulted in death or if you are filing a claim against a government entity. An experienced premises liability lawyer at Sweet James can help identify the exact deadline that applies to your case, complete all the necessary paperwork accurately, and file it on time.
Speak With a Premises Liability Attorney About Your Legal Options Today
After an injury caused by an unsafe property, you should not have to face the legal process without understanding your rights and available options. Sweet James helps injured people evaluate potential premises liability claims, investigate dangerous conditions, and identify possible avenues for compensation.
If you believe someone else’s failure to maintain reasonably safe property conditions caused your injury, contact us today to request a free case evaluation. Our team has taken over 500 cases to trial and has recovered over $1 billion in damages for those we represent. Past results do not guarantee future outcomes.
Don’t wait to reach out to us. The sooner we can get started, the stronger the case we can build.
