5 Tips For A Successful Premise Liability Claim
Nov 16, 2021 03:13 PM EST
Have you been injured while on someone else's property and are certain that the premise-owner is responsible for your injuries? If this is the case, you may wish to file a premise liability claim to receive compensation.
While many premise owners may have insurance that covers incidents like these, it may be difficult for you to get to the point of receiving compensation. So, what you need to do is hire the best attorney, and if you're wondering where to find one, you could look into firms like Townsend Law, LLC.
The reason you may require the best attorney is that you'll need the best legal representative in every step of your case because even one element could lead to the failure of your case. So, this article will show you some tips you can use to have a successful premise liability claim. Read on!
1. Have Proof That You Have Sustained Actual Injury( If You Have)
When it comes to filing a premise liability claim, the evidence that you're truly injured is what matters. It could be an internal or an external injury; in either case, make sure to see a doctor as soon as possible after the incident. After you've done this, you'll know whether or not you've sustained injuries and up to what extent, and your medical report will be useful as evidence in court.
2. Establish Whether Your Injury Was Caused By Negligence
Accidents and other types of incidents occur daily, but what must be considered for you to file a premise liability claim is when the incident occurred as a result of the premise owner's or an employee's carelessness and negligence. If you fell because of dampness in a shop or any other type of establishment, there should be evidence that it's due to the negligence of the employee, who did not wear hazard clothing to indicate that there's a wet area ahead of them. If you have such knowledge and evidence, such as witnesses, you can ask them to testify before the jury and possibly win your case.
3. Determine If You're The Owner's Responsibility
Knowing whether or not the property owner had a duty to keep you safe is important so that you're not dissatisfied if your application for a premise liability claim is denied. So, you should be aware that if you're injured while making purchases in the property, doing business in the premise, or attending a social event, you'll be considered a responsibility to the premise owner, and it's their responsibility to ensure that their premise is safe for you.
However, if you're injured while trespassing, it's not the responsibility of the premise owner to ensure your safety because they'll simply claim that they're not expecting you. So, if you want to file a successful premise liability claim, make sure you know your place and the premise owner's place so that they can compensate you.
4. Prove That The Owner Was Uninterested In Resolving The Issue
After proving the premise owner's negligence, you may go on to show that they had enough time to correct the problem that caused the incident. If you're injured while riding an elevator and you're certain that the elevator had been operating in that poor condition for some time, it could be used as evidence to show that the operator didn't take their customers seriously by not dealing with the problem on time. However, if the incident occurred without any prior indication of the elevator malfunctioning, the premise owner may not be found to be at fault because they didn't anticipate the problem.
5. Prepare To Try And Convince The Jury
You may have passed all four of the preceding tips, but your job isn't done until you satisfy the jury. To satisfy the jury, ensure that you collaborate all of your evidence and that everything is clear. You must also consider the type of lawyer who'll represent you as this may play a role in convincing the jury that you're entitled to compensation. If you hire a qualified attorney to assist you in your case, chances are your case will be flowing smoothly and you won't be wasting your time.
Filing a premise liability claim can be difficult, and if you work very hard to prove that the premise owner is at fault and the jury thinks otherwise, it can be frustrating. However, if you follow the tips in this article, you'll be able to get compensation for your injuries in no time, most especially if you consider hiring an experienced attorney to provide legal advice and representation so that you can persuade the jury.