Some of the most common causes of personal injuries and even deaths are unsafe premises. If a property owner’s negligence resulted in your physical injuries and/or emotional suffering, you deserve fair compensation. You will need the help of an Atlanta premises liability lawyer as soon as possible. A premises liability case is far from simple. A negligent property owner may pass on the liability to you, accusing you of comparative negligence and even fraud. Therefore possibly hurting your case in Atlanta, GA. To ensure that you are one step ahead, you have to rely on a committed personal injury lawyer.
Premises Liability and Accidents: What Your Attorney Will Tell You
Unsafe premises can result in serious injuries and even deaths. Some of the common injuries in a premises liability case are the following:
- Slips, trips, and falls;
- Accidental drowning in public pools;
- Dog attacks and bites;
- Elevator accidents;
- Falling merchandise in stores, etc.
The Centers for Disease Control and Prevention has reported on millions of emergency visits of unintentional injuries in 2015. Cases of unintentional fall deaths reached as many as 33,381 across the U.S for the same year. Annually, as many as 800,000 individuals are hospitalized due to falls and resulting fall injuries. The Consumer Product Safety Commission has reported that 2 million injuries annually are attributable to flooring and flooring defects.
Responsible Parties in a Premises Accident in Atlanta, GA
Certain laws in Georgia mandate that all property owners in Atlanta, GA should maintain safe premises at all times. Negligence laws in the state, furthermore, determine the eligibility of a plaintiff’s claim for compensation. In the same way, it can affect the amount which a civil court may award as compensation.
When an accident takes place on a property owner’s premises, certain factors can affect liability. It may be necessary to determine whether the injured party is an invitee, a social guest, or trespasser. It will also be important to determine the state of the premises. Would an accident have been foreseeable?
To assign premises liability on a property owner, it will be crucial to prove negligence in the matter. In addition, this negligence should have primarily contributed to the plaintiff’s sustained injuries. These injuries should not have been pre-existing at the time of the accident. Also, any shared negligence on the part of the plaintiff can significantly affect compensation claim outcomes.
What Compensation Types Can You Expect with the Help of Your Atlanta Premises Liability Attorney?
The injuries that result from accidents on unsafe premises can vary from minimal to life-threatening. In the worst cases, these injuries may lead to death.
Accidents on unsafe premises can result in the following health risks:
- Cuts, bruises, lacerations
- Broken bones
- Torn ligaments
- Head and neck injuries
- Animal bites
- Food poisoning
If your injuries or suffering are the consequence of a property owner’s negligence, you can fight for rightful compensation.
An Atlanta premises liability lawyer can help you recover the following as damages:
These are losses arising from a loss in present income, future earnings, medical expenses, future medical costs, and others. In order to be compensated fully for monetary losses, your expenses and lost income opportunities will be factored into the computation.
General compensatory damages allow you to recover non-monetary losses. Examples of general or subjective damages are pain and suffering, loss of limb, and loss of companionship.
- Punitive/wrongful death damages
These damages serve to compensate you for gross negligence or malicious intent on the part of the liable party. If the accident has resulted in wrongful death, the courts will determine an amount as compensation. Although no amount will ever approximate a lost human life, the amount could be estimated based on several factors. The computation may factor in pre-death hospitalization expenses, funeral and burial, loss of finances, and others.
Should Your Premises Liability Attorney Go for a Settlement or a Lawsuit?
When dealing with a case such as this, you have two options: go to trial or seek a settlement. This is where you will need the valuable counsel and strategic legal help of an Atlanta premises liability lawyer. Choosing either a settlement or a trial process should ideally result in your best interests. An Atlanta premises liability attorney will have handled similar cases in the past. Hence making them an excellent source of information and specific legal knowledge in Atlanta, GA.
Choosing an Atlanta Premises Liability Settlement
There are many reasons why your Atlanta premises liability attorney may advise a settlement. Prior to arriving at this decision, they will have already studied and evaluated your case thoroughly. Some of the areas of consideration include whether there has been any settlement offer from the defendant’s side. An Atlanta liability premises attorney may advise for a settlement in the presence of a good offer because if the settlement amount is commensurate to the liability itself, a settlement is often a better option.
Although your Atlanta liability premises lawyer may advise for a settlement, the final decision should rest with you. Some plaintiffs may choose to accept a settlement, and for good reasons. First, opting to settle is less costly than going to trial because a lawsuit can stretch for months or years, resulting in more legal fees and other costs. Second, a settlement guarantees the plaintiff an amount as recompense. Finally, a settlement can be more time-efficient. Typically done out of court, a settlement meeting can be concluded in hours or a few days.
Should litigation commence, there is no guarantee that the judge will favor the plaintiff. There is no assurance, furthermore, that the courts will award the same compensation amount as the settlement amount. Although your Atlanta liability premises attorney will do his or her best, they can only do so much. It will be up to the jury or the judge to determine who wins and who loses.
Commencing with a Premises Liability Lawsuit
While there are clear advantages to a settlement, your Atlanta liability premises lawyer may still advise against it. Not all premises liability cases will be able to fully benefit from a settlement in Atlanta, GA. This is especially the case if the defendant’s party negotiates an unfair amount as compensation. This is sometimes done by an insurance carrier to ensure they pay as minimal a settlement amount as possible. While the settlement can be processed swiftly, the amount may prove insufficient later on. Some injuries or complications of a premises liability case can require long-term care and future expenses. This is always something that an Atlanta liability premises attorney will consider prior to a settlement decision.
In addition, a premises liability resulting from gross negligence or malicious action often deserves to go to trial. Sometimes, no settlement amount will ever compensate for your lifelong disability or the death of a loved one. At this point, your Atlanta liability premises lawyer may advocate for the filing of a lawsuit.
Regardless of the decision you wish to take, you will need the assistance of an Atlanta liability premises attorney. The ways in which a committed lawyer can help your settlement negotiations or lawsuit in Atlanta, GA are many. However, the important thing is to choose an Atlanta liability premises lawyer you can trust.
How Can a Lawyer Help in Your Premises Liability Settlement or Lawsuit in Atlanta, GA?
The legal aspect of personal injury claims is often a challenging turf to navigate for many civilians. The challenges are even more complex for a premises liability case. Here, you will need to prove that the defendant is responsible for upholding the safety of the property. You will also have to prove that the defendant has been negligent. Finally, you need to demonstrate that you have suffered damages as a result of this negligence.
Given the complexity of a premises liability lawsuit or settlement, prioritize hiring an Atlanta premises liability lawyer. Outlined below are some of the important means by which your lawyer can help. An Atlanta premises liability attorney will be able to:
The evaluation of your case is a crucial step in the decision to settle or go to trial. Not all cases can benefit from one or the other without a careful consideration of all facts. Since a lawyer is knowledgeable about the legal process, an expert is in the best position to do the evaluation.
In any premises liability or personal injury case, there may just be one or multiple liable parties. Your Atlanta premises liability attorney will examine the background of your case and identify possibly liable parties. Will it be the landowner in Atlanta, GA? Will it, perhaps, be the landlord or the owner of the recreational facility? Your lawyer can also give an honest assessment of your own negligence. Since participatory negligence can affect your ability to obtain compensation, this will deserve due attention as well.
- Identify and interview witnesses.
Witnesses can serve to strengthen your claim that the property owner has not been able to exercise due care. They can also narrate the events leading up to the injury or attack from a more objective standpoint. As much as witnesses are highly important, reaching out to them will be difficult to do on your own. A dedicated premises liability lawyer, however, will be able to identify which witnesses are relevant. With resources at their disposal, attorneys are better able to reach out to witnesses and invite them to participate.
- Compute the value of your claim.
Valuing your premises liability claim is important because your lawyer will need to have an estimate with which to base a negotiated settlement on. The valuation of your claim should be approximate to your monetary losses, general damages, and pain and suffering. The assistance of an Atlanta premises liability attorney helps to ensure that your claim is neither overvalued nor undervalued.
- Seek out relevant experts.
Since the accident took place on specific premises, reconstructing the event may be necessary to illustrate negligence. To do this, your lawyer will need to hire the services of a scene reconstruction expert. Many premises liability injuries and accidents take place due to poor maintenance of facilities. To illustrate certain structural problems your lawyer may need to reach out to engineering professionals as well.
- Represent you during negotiations.
Not all cases will reach the trial stage. Both parties may agree to negotiate and strike a settlement. Although a settlement can be time-efficient, it can nevertheless be stressful. The defendant’s insurance carriers may attempt to work their way out with a very nominal settlement amount. Without an Atlanta premises liability attorney, you may not be able to value your claim on your own. This is why you will need your lawyer with you, even during settlement discussions.
- File a lawsuit and observe deadlines.
Finally, a dedicated attorney will be your most important ally during litigation. Your lawyer, moreover, can help in observing filing deadlines to avoid technical lapses. Your attorney can represent you during court hearings, as you recover from your injuries and seek treatments.
Get in Touch with a Lawyer at Schneider Hammers for your Premises Liability Case in Georgia
If a premises accident in Atlanta, GA has resulted in severe injuries, you have to take appropriate action immediately. Not only will you need to take the necessary medical measures. You also have to ensure proper and full compensation. Above all, a dedicated Atlanta premises liability lawyer can help you obtain the compensation you deserve. Property owners and non-owning dwellers in Atlanta, GA have the responsibility to ensure the safety and security of their premises. So if their negligence is responsible for an accident and your consequential injuries, you can always make a claim. Get in touch with an Atlanta personal injury lawyer at the Schneider Hammers law firm today.