Premises Liability and You: Information from a Personal Injury Attorney Longwood, FL Offers
Premises Liability is a legal concept that describes the responsibility of a property owner if someone sustains an injury from an accident on their property. If you believe you suffered an injury due to the negligence of a property owner, you may be entitled to compensation from the property owner. Consult a personal injury attorney in Longwood, FL from David & Philpot, P.L. if you have questions or concerns. For now, you may find this general guide on premises liability helpful.
Basic Information About Premises Liability Law
Personal injury law includes premises liability cases. Usually, premises liability injuries happen because of hazardous conditions in a building or on a property. To gain compensation from the property owner with the help of a personal injury attorney in Longwood, FL, you must be able to prove that the injury was a direct result of the property owner’s negligence. There is a wide variety of accidents that can fall under premises liability and they can happen under a number of circumstances. Some of the most common reasons for premises liability injuries include:
- Slip and fall accidents.
- Property owner fails to disclose potential hazards on the property.
- Lack of adequate security around the property.
- Animal attacks, typically dog bites.
- Exposure to chemicals or toxic substances on a property.
What Was Your Relationship to the Property Owner at the Time?
Property owners have a duty of care owed to people who enter the premises. In particular, they are responsible for visitors’ safety and comfort while they visit. However, the relationship between the property owner and their visitor can determine to what degree the property owner is responsible for the injuries sustained on the property. The three types of relationships considered in premises liability cases:
- Invitee: Someone a property owner invites onto the premises. This can include friends, family, customers, or others.
- Licensee: Someone the property owner has permitted to be on the property. Typically, they have been allowed on the property to complete a job, such as a plumber or a contractor.
- Trespasser: Someone who has no business being on the property, who may have criminal intention.
Trespassers rarely win premises liability cases, and invitees have the highest chance out of the three to succeed in gaining a settlement. A personal injury attorney in Longwood, FL can review your case and determine the strength of it before you decide to pursue a claim.
Proof Needed to Win the Case
- The defendant is the property owner where the accident happened.
- The injuries sustained by the plaintiff are directly related to the accident on the property.
Premises liability is not always direct and simple. In some cases, complications may arise due to state laws. However, the aforementioned points are what a Longwood FL personal injury attorney will need to prove in order to win a settlement from a personal injury claim.
Comparative Fault System
Many states refer to the “Comparative Fault System” in premises liability cases. This means that the court is able to declare both parties responsible to some degree for the accident. When that happens, the defendant is responsible for only a percentage of the victim’s damages.
If you have any questions about a premises liability issue, consider talking to a personal injury lawyer to determine damages and level of responsibility for the accident. They can discuss the particular details of the incident and determine if you have cause for a claim. Schedule a free consultation today David & Philpot, P.L.
How a Personal Injury Attorney Can Protect Your Rights
People suffering extreme pain from an accident that wasn’t their fault will often consult with an experienced personal injury attorney Longwood, FL residents turn to from David & Philpot, P.L. Our attorneys have successfully fought for the rights of clients for decades.
We have many success stories of our clients receiving the maximum possible compensation from those who caused their injury. Do not battle the legalities of a personal injury claim alone. You can greatly benefit from the services of a seasoned Longwood personal injury attorney from David & Philpot, P.L. to ensure your case has every chance of a positive resolution.
It’s possible that the seriousness of your injury has not yet become clear. A personal injury attorney Longwood, FL victims trust understands that your future medical needs must also be considered. Below are several examples of common personal injury cases.
We Can Protect Your Rights If You Sustained Any of These Types of Injuries:
- Head and brain injuries
- Can be caused by a severe blow to the head.
- They can range in severity and type of symptoms.
- Can be permanent or long term.
- Traumatic brain Injury
- Liability can be difficult to prove.
- These types of claims are often dismissed by insurance insurance companies because they do not want to pay out a large sum of money.
- Documentation of medical tests and medical treatments are necessary to build a strong case.
- Lost limb or limbs.
- May require additional amputations or surgeries in the future.
- Keep records of recovery process for claim documentation.
- Neck and back injuries
- Vital areas of the body that can cause great discomfort or severe pain.
- Can require multiple surgeries.
- Full recovery may not be possible.
- Paralysis may result and be long term or permanent.
- May include muscles, tissues, spine and discs in injured area.
- Shoulder and knee injuries
- Commonly occurs as a result of a slip and fall accident while visiting a property or place of business.
- These types of injuries can require significant and long term physical rehabilitation.
- Tissue tears
- Insurance companies often try to deny soft tissue claims which is why a personal injury attorney Longwood, FL families rely on can make all the difference.
- Your David & Philpot, P.L. attorney can negotiate with your insurance company on your behalf to work toward a fair settlement.
- Broken bones
- The time it requires to heal completely can be extensive.
- Painful and debilitating type of injury.
- Construction accidents
- Can file under workers’ compensation if the injury occurred while on the job.
- May also be eligible to file as a personal injury claim, or a lawsuit in some circumstances. Talk to us about your legal options.
- Scarring of skin and disfigurement
- May not heal completely.
- Marks and physical changes can last forever and create emotional pain as a result.
By choosing a personal injury attorney Longwood, FL locals recommend from David & Philpot, P.L., you can gain a full understanding of how we can get repayment for your injury. The medical costs should not come out of your pocket, and we can fight relentlessly on your behalf to recover your damages.
How does an insurance adjuster handle a personal injury claim?
If you’ve filed a personal injury claim, it is likely that you will be dealing with an insurance company. For example, in a car accident case in a fault state, you will probably seek a settlement with the at-fault drivers’ insurance company. If you’re suing a store for a slip and fall, you may pursue their premise liability or business insurance for compensation. Even if you have a personal injury attorney in Longwood, Florida helping you out, and you should, it’s important to understand how insurance adjusters tend to work.
What You Should Know About Insurance Adjusters
Insurance adjusters who work on your case will be assigned to handle it after a claim has been filed. They will be responsible for investigating the facts, finding evidence, and determining the value of the case. Insurance adjusters do not work for you; rather, they work for the insurance company. Their interests are on the side of the insurance company and they will try to keep the payout to a minimum.
At the same time, they don’t want to engage in a lawsuit. If you don’t reach an amicable settlement, you do often have the right to file a civil lawsuit. If your case goes this far, a judge or jury will make a decision. In general, the jury is not friendly with insurance companies. This means that, usually, an insurance adjuster will offer a settlement. Typically, the first settlement is between 25 and 50 percent less than what you could potentially recover. This amount is first offered to leave room for negotiation. Because of the all the legal nuances involved in negotiations, it is crucial for an accident victim to have a Longwood, FL personal injury attorney representing them.
How an Insurance Adjuster Comes Up with an Offer
In a personal injury case, the insurance adjuster will typically consider all of the factors that a jury would consider when determining what amount of compensation would be fair. Examples of what they may consider include:
- Your related medical expenses
- Your future related expenses
- Any actual losses, such as lost wages
- Pain and suffering
- Emotional anguish
If you are filing a wrongful death claim on behalf of someone who lost their life, funeral and burial costs, as well as, other losses may be considered. Your personal injury attorney in Longwood, FL will determine what losses you have suffered will qualify for financial compensation.
Other Important Considerations
Additional considerations for determining an amount of compensation to offer the claimant, are the limits of the policy and the strength of the case.
Policy Limits – An insurance company will almost certainly not pay out more than the limit of the policy. For instance, if an auto insurance policy is set at $75,000, the maximum amount the adjustor will pay is $75,000 in damages, legal fees, and related expenses. If your losses equate to more than this, you will need to seek alternative options. A personal injury attorney can discuss these with you.
The Strength of Your Case – If your case is strong, there is a good chance you will be offered a large settlement. However, if your case is weak or lacks solid proof, you may be offered less.
Insurance companies can be difficult to work with which is why you should find out if a personal injury attorney can help you with your claim. By doing so, you may recover maximum damages. For a consultation with a personal injury attorney, call David & Philpot, P.L.
Call a Personal Injury Attorney Longwood, FL Community Members Respect
Please call us to speak with a personal injury lawyer at David & Philpot, P.L. who may be able to help you. We hope to start working for your rights and repayment immediately. You can reach us 24/7 to schedule a complimentary case review with a respected personal injury attorney Longwood, FL offers.
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