premises liability lawyer An accident on someone else’s property can cause serious injuries and costs, not to mention lost work time. If you did not cause the accident, you should not be liable for these costs. However, you may need a solicitor to handle your premises liability case to accurately prove the owner’s negligence.
Hiring an experienced premises liability lawyer is often the best decision you can make after an accident on your property. You will need a professional on your side to help you gather evidence, build a strong case, and ensure that no one takes advantage of you in the process. However, it is important to make sure that you are working with the right lawyer for your needs.
Let’s take a look at the main ways a premises liability lawyer can help your case and how to choose a good one.
6 Reasons You Need a Lawyer
A lawyer is important in any personal injury case, but in a premises liability case, it is especially important to hire a lawyer.
Premises liability cases can be complicated, and sometimes it can be difficult to prove that the property or business owner is responsible for the accident. Many businesses also have their own legal team ready to fight liability claims and don’t want to admit any negligence.
Here are the main ways a premises liability lawyer can help you build a successful case
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Accident Investigation
Once the contract is in place, the premises liability lawyer will begin investigating your case. He or she will gather evidence of the accident that will be used to build your insurance claim. This evidence may include
- The accident report
- Medical records
- Pay slips
- Photographs of the accident scene (or a visit to the accident scene)
- Footage from the company’s security cameras
- Witness statements
The sooner you and your lawyer start gathering evidence, the better. Memories can fade, and over time it may be harder to get certain information. Even if you have gathered some of the evidence yourself, it is always best to ask an expert to determine what is most relevant to your premises liability claim.
2. Establishing Liability
The key to a premises liability case is negligence. To claim damages, you must prove that the premises owner or business owner acted negligently in the accident. You will need to show that they knew about the dangerous situation and failed to remedy it within a reasonable time, or that they did not know about it even though they should have.
An experienced attorney will know what evidence is need to prove negligence and how to present it most effectively. A lawyer can also help clear up any doubts about who is at fault for the accident.
If you believe you may have been partially at fault, he or she can help you recover compensation under the Georgia State Comparative Negligence Act (Georgia Code § 51-12-33). If other parties besides you may have been at fault, your attorney may be able to identify all of the at-fault parties, which may increase your potential compensation.
3. Damages Calculation
A premises liability claim must cover all damages resulting from the injury. These damages may include
- Medical expenses
- Lost wages
- Damage to property
- Pain and suffering
Damages may be given as compensation for personal harm under Georgia Code Section 51-12-4, which covers premises liability claims. Your attorney can calculate the value of these damages based on your injuries and expenses.
Your attorney will also take into account any future costs, such as ongoing medical expenses, disability, or emotional pain and suffering. Without an experienced attorney, it is often impossible to accurately determine all of your damages.
4. Creating a Level-Playing Field
If the insurance company knows that you have a lawyer on your side, it will show them that you are serious about your case.
Insurance companies know that most accident victims are unfamiliar with personal injury law and do not know how to claim full compensation for their injuries. However, if you work with an experienced attorney, the insurance company may take your claim more seriously and be more willing to offer you a larger settlement.
5. Obtaining Expert Witnesses
Public liability claims sometimes require the assistance of a claims adjuster. This may be a doctor, an economic expert, a deconstructionist, or anyone else who can help prove the severity of the damage suffered.
Lawyers that often defend clients in premises liability incidents have a large network of skilled claims adjusters to whom they may refer their clients when necessary.
6. Settlement Negotiation
Insurers often respond to claims with low offers. They may even send you an offer before you submit your claim in the hope that you will accept the money and close the case. However, you should not accept the first offer.
When you get a response from the insurance company, your lawyer can negotiate with the adjuster. The goal is to reach a settlement that fully covers your losses. This is easier said than done, but an experience lawyer knows how to negotiate professionally to get you the money you deserve. In the rare case where the insurance company refuses to negotiate, you need a lawyer who is prepare to work with you throughout the process.
You are also more likely to be offered a fair settlement by the insurance company adjuster if you have an attorney who has experience successfully handling premises liability cases.
How to Select the Best Lawyer for Your Premises Liability Case
Although a lawyer can make the difference between underpayment (or lack thereof) and full compensation, the right type of lawyer is important. Many personal injury lawyers claim to handle premises liability cases, but that does not mean they have sufficient experience.
The lawyer (or law firm) you are looking for should
- Focus primarily on personal injury law, particularly premises liability law
- Have extensive litigation experience
- Have a proven track record of success
- Be prepared to have the necessary resources at their disposal, such as expert witnesses
- Represent only accident victims and not work for insurance companies
- Work on a contingency basis (meaning they do not charge a fee unless they win the case).
Free consultation with a Georgia premises liability lawyer today
John Foy Solicitors meets these and many other criteria. We have been representing victims of premises accidents for over 20 years. For a free, no-risk consultation to go over the specifics of your case, get in touch with us right now. Call (404) 800-4408 or contact us online to get started with your free consultation.