Fairfax Premises Liability Lawyer

Fairfax Premises Liability Attorney

Premises liability describes a broad range of potential issues with a property that can cause injuries. However, all these issues arise from one general concept: Anyone who is legally permitted to be on a given property should be safe while there.

If an injury should occur, any negligent party that is involved with the property is liable to provide proper compensation. A Fairfax, VA, premise liability lawyer may be able to help see that this happens.

At Whitlock Law, LLC, we have experience resolving a variety of potential premises liability issues. We’ve worked with the insurance companies that are often involved in these matters to settle claims When that option doesn’t work out, we’ve also sought that restitution in court. We fight for the fair treatment of our clients and the compensation that they need.

What Does a Premises Liability Lawyer Do?

The primary objective of a premises liability lawyer is to get fair compensation for their clients’ injuries. However, this process requires us to perform several tasks. Each is critical to ensuring that we can get our clients what they are owed. The primary functions we handle are:

Investigation

The foundation of a strong case for our clients is a good investigation. There are many different parties involved in the ownership, use, and management of a particular property, and it’s important that we seek restitution from the properly liable parties.

Our investigation can help us understand precisely who these parties are and find the evidence that we need to prove it if the case is contested.

Negotiation

Before taking a claim to court, it’s wise to see if a fair settlement can be found that both parties find acceptable. We represent our clients through this process of negotiation. Having us take on this task can often lead to representatives on the other side taking the situation more seriously than they might otherwise. They will usually realize that they must put forth a serious offer to settle the matter.

The possibility of litigation, if an agreement can’t be reached, is more present when a lawyer is directly involved, and that can encourage better negotiation.

Litigation

In cases where, despite our efforts, a settlement can’t be reached, we can prepare to take the claim to court and seek restitution under personal injury law. We understand what courts are looking for in these situations and how to make a strong argument on your behalf.

What Is a Premises Liability Issue?

Premises liability covers a broad spectrum of potential issues. The idea of premises liability, though, stems from the basic principle that those who are lawfully present on a particular property should either be protected from potential hazards or be given sufficient warning of their presence.

Failure to take these precautions is what makes the liable party responsible for the injuries that occur due to these dangers.

Some of the more familiar examples of premises liability injuries include:

• Dog bites
• Slip-and-fall accidents
• Trip-and-fall accidents
• Unsafe building conditions
• Poor maintenance
• Negligent security
• Swimming pool hazards
• Toxic exposure

When these incidents lead to injuries, the costs that result from those injuries become the responsibility of whoever’s negligent actions caused the accident in Fairfax, VA.

In some cases, this may be a single party, but there are many circumstances, especially in commercial scenarios, where multiple parties could be at fault.

Who May Be at Fault in a Premises Liability Claim?

If you are hurt in a premises liability incident when visiting someone’s home, it’s likely that the issue of liability is a fairly simple one. The property owner is often the liable party, and their homeowner’s insurance is probably responsible for compensating the claim.

There are many other situations where the idea of deciphering who is at fault can be significantly more complex. Commercial locations, in particular, often involve a complicated assortment of owners, tenants, contractors, subcontractors, and other parties.

Your lawyer must untangle this situation and identify precisely which of these parties was at fault for your injury. This means that they must determine which party committed an act of negligence, without which the injury would not have occurred. Some of the potentially liable parties include:

• Property owners
• Property managers
• Tenants
• Occupants
• Contractors working on the property
• Third-party maintenance and cleaning companies

What Restitution Is Available in a Premises Liability Claim?

The restitution that you can seek in a premises liability claim must only address the costs that are a direct result of the injuries that you suffered from the incident. Part of the trial process involves proving these connections, which is why it’s important that you keep good records regarding the various costs that you incur. Medical bills, receipts, and other documentation can all be used to help prove this connection.

The compensation that you receive, though, will be paid in two forms of damages:

Economic Damages

All costs that are clearly financial in nature are addressed through economic damages. In a premises liability case, this largely means the medical bills that you collected as a result of your injury. In the case of more serious injuries that caused any missed work, any lost wages will be repaid through these damages as well.

Additionally, if your injuries are going to have a longer-term or sustained impact, then your future medical bills and lost earning capacity are addressed as well.

Non-Economic Damages

Those costs, like pain and suffering or mental anguish, that are more psychological in their nature are compensated through non-economic damages. These are an acknowledgment of your suffering and can indirectly help with these issues, even though they cannot be directly solved by money.

Could Contributory Negligence Take Away Your Restitution?

Contributory negligence is an aspect of personal injury claims in Virginia that you must consider, particularly when deciding whether to settle a claim or go to trial. These rules allow the defendant in the trial the opportunity to show that the plaintiff was negligent in the circumstances involving the incident and that their own negligence led to their injuries.

Should the defendant’s lawyers be able to successfully argue for your fault in your injuries, no matter how minor your role, then you could be barred from collecting any damages. This is a significant risk when taking your case to trial.

This is also a key reason why you should consider working with an experienced Fairfax, VA, premises liability attorney who understands how to defend against claims of contributory negligence.

Should You Settle Your Claim?

Some individuals may be hesitant to consider settling a claim, as it will likely involve you receiving less, in terms of overall compensation, than if your trial went perfectly. However, a trial doesn’t always go absolutely perfectly, and there are some real advantages to settling a claim that are worth consideration.

Reduces the Risk of Losing Some or All Compensation

One of the most significant benefits of settling a claim is the removal of risk. It’s critical to remember that every trial carries some level of risk that it might not work out your way. In Virginia, where personal injury claims include the element of contributory negligence, this risk is particularly acute.

However, if you choose to settle a claim, you can avoid the risk of a trial and receive whatever amount both sides have agreed to.

Takes Less Time to Obtain Compensation

Another important option to consider is the element of time. Settling a case will typically allow you to receive your funds within 30 days of the settlement being finalized or however else the settlement dictates.

Going to trial, though, could be a long process and significantly delay the time when you will finally receive the funds that you’re seeking. By settling, it’s possible that you will be receiving funds months, or even years, ahead of when you might otherwise.

Of course, for a settlement to be worth consideration, it still must be a sufficient compensation package before it makes sense to accept it. We work to negotiate the highest possible offer that we can get.

However, assuming that the compensation is fair, a settlement can be a good option for those who want to get their funds sooner while avoiding the potential risks that are involved in taking a claim to court.

Get Restitution After Your Premises Liability Injury

Premises liability claims can be complex situations. Many of these happen on commercial property, and it can be difficult to understand who should be held liable. Furthermore, the cases themselves can be difficult to decipher, especially when determining what the exact responsibility of the defendant was in the situation. Despite this complexity, though, the victims of these situations have real costs that require proper restitution.

Working with an experienced Fairfax, VA, premises liability lawyer, like the one at Whitlock Law, LLC, may be critical to obtaining the compensation that you’re owed.

We have experience handling the complexity of these cases and understand what’s needed to demonstrate liability. Whether by settlement or through litigation, we know how to get premises liability victims the restitution they deserve. Contact us today to discuss how we may be able to help in your situation.