Premises liability issues can lead to serious injuries and significant expenses for the victims of these incidents. Sometimes, that isn’t always recognized, given how frequently we might be involved in something like a “slip and fall” and end up with little more than bruises.
However, these incidents can end up causing tremendous harm, particularly in the form of traumatic brain injuries. These injuries can create significant costs, and a Manassas premises liability lawyer can help victims get the compensation that they need.
We’ve handled a wide array of premises liability issues at Whitlock Law, LLC. We understand the complexities involved in such cases and what it takes to make the case for fair restitution. Many of our clients have gotten the compensation they need through settlement or litigation, as we are prepared to handle either, depending on what’s needed.
A Manassas premises liability lawyer is responsible for taking the steps necessary to help their clients get fair compensation for their injuries. That process often begins with an investigation of the circumstances that led to the injury.
Investigating premises liability issues can have a variety of unique issues, particularly when determining who should be held responsible. Especially in commercial situations, it can be difficult to identify the party that’s liable, as there are often several parties involved in the management and operation of the property.
Gathering evidence can also sometimes be a challenge, as there are times when someone may try to hide or fix the issue before we get a chance to look at it.
The complexity of premises liability investigations is one of the reasons why working with an experienced team, like the one at Whitlock Law, LLC in Manassas, is so important. We’ve seen a lot of these issues before and can identify some potential problems.
We also understand how to gather the most valuable evidence to both demonstrate liability on the part of the responsible parties and defend against accusations of your own liability, which may be used to prevent you from collecting damages.
Once the liable parties have been identified, we can see if it’s possible to negotiate a settlement with them or their insurance company, which will likely be the one covering the costs. The negotiation process can often be challenging, as the opposition will usually be looking for anything that they can use to preserve their bottom line.
Our involvement as lawyers, though, can often encourage the process along, particularly if they wish to avoid going to court.
There is always a possibility that a settlement can’t be reached. If that is the case, then we can be prepared to take the path of litigation. Through this process, we need to make the case for the defendant’s liability and why you should receive the compensation that you’re seeking.
We may also need to defend against the idea that you share a portion of the liability as well, as that could impact your opportunity to collect damages.
Premises liability stems from the concept that someone has a duty to ensure that their property is safe for lawful visitors. If there are any hazards, the owner or manager of that property should set up proper notifications and precautions to warn anyone who is lawfully present on the premises.
A broad range of potential problems could constitute a premises liability issue. The common element among them is that whoever was responsible for the property could have and should have taken measures to prevent the situation. Some of the more common examples of premises liability issues include:
One of the most important elements of a premises liability situation is identifying who is actually responsible for the incident and the injuries that you suffered. There are some circumstances where this can be straightforward. For instance, if you are hurt on a homeowner’s property, it’s very likely that the homeowner is liable, and their insurance will be responsible for paying the claim.
Other circumstances can be far more complex. This is especially the case when it is a commercial property involved. It’s not uncommon for this situation to involve a property owner leasing to a tenant, who’s subleasing to another business, who is contracting with someone else to work with them on the premises.
There may even be further subcontractors as well. Identifying the properly liable party in these situations can be challenging.
In most situations, the liable party will be any person or group that should have taken the proper precautions in that situation, as doing so could have prevented you from suffering your injury. Your lawyer must sort out who that is in whatever context your injury occurred.
The compensation that will be covered in a premises liability situation must address only those costs that are a direct result of the injury that you suffered. Your lawyer is required to prove this connection between the costs and injury, as this is one aspect of your claim that the defendant’s lawyers may choose to challenge.
It’s important that you maintain good records of the costs that you experience as a result of your injury, as bills, receipts, and other documentation are needed to prove their validity. Once this is established, the restitution will come in two forms of damages:
Contributory negligence is a legal doctrine that could negatively impact your ability to collect damages. Under these rules, the defendant is given the opportunity to make the case that you are at least partially responsible for the injuries that you’ve suffered. If they are successful in proving that, it could prevent you from collecting any damages at all.
Having an experienced premises liability lawyer is critical when facing the possibility of these claims. We understand how to prepare for the potential that the defendant may make these kinds of accusations and how to defend against them. Having a strong case to reject these claims is essential to preserving your right to collect damages.
One of the decisions that you may have to make at some point is whether you would rather take a settlement or bring the claim to court. This will be a personal decision specific to your interests and the case, but there are generally two primary benefits of a settlement that are worth considering:
Premises liability claims can often be complex and challenging to navigate. That’s why it’s critical that you work with an experienced Manassas premises liability lawyer who understands how to navigate these cases, find the liable parties, and prove their liability.
Premises liability issues can create significant medical costs and other expenses for those injured in these incidents, and they deserve to have those losses covered by the properly liable parties.
At Whitlock Law, LLC, we have experience with a wide variety of premises liability issues, and we have a deep understanding of the complexities that are involved in these cases.
We’ve worked with insurance companies to negotiate fair settlements and, in situations where that wasn’t possible, we’ve obtained proper compensation for our clients through the litigation process.
If you’ve been injured in a premises liability situation and want to understand what your options are, contact us today.
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