Premise liability is a legal concept in personal injury cases. Specifically, where unsafe conditions on someone’s property caused an injury. Usually, these cases involve you slipping and falling. Thus, these cases are commonly referred to as “Slip and Fall” cases.
If you get injured on someone else’s property, you may be able to make a premises liability claim. But, there must be proof that there was negligence involved. Our team at Essa, Janho, & Associates have years of experience with these cases. Below, there are five ways for you to strengthen your case.
As stated above, premise liability is when two things occur. First, there is a failure to maintain a property. Second, an injury occurred. Most premises liability claims settle, instead of going to trial. However, the amount of the settlement depends on several factors. Fortunately, there are steps you can take to strengthen your case. This will improve your position in negotiations. Here are five helpful suggestions to get the most favorable outcome.
1. Prove the “Causal Link”
In most cases, your doctor must connect the premises’ defect and your injuries. However, doctors usually do not like to provide depositions. So to ake the connection you must visit your doctor.
During your doctor’s visit, explain what happened. Next, disclose the claim to your doctor. Then, ask if they are willing to provide a letter. This letter must describe what injuries are due to the premises’ defect.
Most importantly, treat your injuries. This will help you heal. Additionally, it will show the severity of your injuries.
2. Prove “Notice” of Dangerous Condition
However, proving a hazardous property condition existed is rarely difficult. However, it is harder to confirm that the property owner was aware of the hazardous condition.
To win your case, you must either prove one of two things. First, the property owner had actual notice of the dangerous situation. But, even if they did not have actual notice, there may be constructive notice. This means it was present long enough for the owner to notice it. The most common way to prove the owner had notice of the dangerous conditions is to provide evidence. For example:
sworn testimony from someone who knows how long the defect existed
Providing evidence from the scene can help prove the dangerous condition. These can help prove that negligence occurred and there was a way for the injury to have been avoided.
3. Document Your Injury
Above all, documentation is crucial to help strengthen and prove your case. Your medical records can prove the extent of your injuries. But in addition, keep a journal. Use it to record all experiences you have related to your injuries. This can be highly beneficial to your claim.
4. Document Your Expenses
Importantly, keep a record of every expense you incur that relates to the injuries from your accident. Remember, any undocumented costs may not be eligible for compensation. You should make sure to document things such as:
- Medical bills
- Lost wages
- Loss of future earnings
- Reasonably necessary replacement services
- Domestic help
- Home and vehicle modifications
- Emotional distress
- Loss of enjoyment in life
- Pain and suffering
All the above documentation can help you get the compensation you deserve.
5. Call the attorneys at Essa, Janho, & Associates to help you with your premise liability case
Our attorneys have over 15 years of combined experience with premise liability and other personal injury cases. Call our office at 770-955-8322 to speak with an English attorney or 770-771-3658 to speak with our Spanish Translator.
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