Premises liability is a legal term that refers to someone’s responsibility for injury on their property, typically in the form of dangerous conditions or lack of security. In Scranton, PA, similar to other places, premises liability lawsuits is often filed when someone sustains an injury due to unsafe conditions on the premises of another person or entity.
For example, if you fall down a flight of stairs because there was no handrail present, then you may be entitled to compensation from those responsible for maintaining that stairwell. In this article, we will discuss some tips for how your Scranton Premises Liability Attorney can help you win your lawsuit against those responsible for causing your injuries.
- Timely Claim Filing
One of the most important things your lawyer can do to help you win your premises liability case is to file your claim as soon as possible. In many cases, specific deadlines must be met to preserve your right to sue. If you miss these deadlines, you may lose your chance to recover any damages for your injuries. Your lawyer will be well-versed in the applicable state laws and will make sure that all of your paperwork is filed on time.
- Investigation of the Scene
To win a premises liability case, it is often necessary to conduct a thorough investigation of the scene where the injury occurred. This may include collecting evidence, interviewing witnesses, taking photographs, and more.
Your lawyer will advise you on what information would be most helpful for your case. They can also speak with the insurance company about any potential settlement offers that might arise during negotiations between parties involved in a lawsuit over premises liability issues.
- Negotiations With Other Parties Involved In The Case
Your lawyer will also be responsible for negotiating with the other parties involved in your case. It may include the insurance company of the person or entity you are suing, as well as their attorneys. In some cases, these negotiations can result in an agreeable settlement for all parties involved. If a settlement cannot be reached, then your lawyer will be prepared to take your case to trial and fight for the compensation you deserve.
- Preservation of Evidence
You must preserve any evidence related to your injuries. It includes taking pictures of the scene where they occurred, writing down descriptions of how it happened, and anything else that might be useful in proving fault on behalf of those responsible for maintaining safe conditions at their property. Your lawyer will advise you on what documentation needs to be preserved to act as evidence during litigation proceedings.
- Compensation for Damages
The lawyer will help you receive compensation for any damages resulting from the accident that led to your injuries. This could include medical bills, lost wages due to missed work time or an inability to return to previous employment, pain and suffering – both physical, and emotional distress related to the accident and its aftermath, as well as any other costs incurred directly because of what happened.
It is also vital that your lawyer identifies all potential sources of compensation. This includes any insurance policies held by the defendant and their employer or landlord and any other individuals who may be at fault for what occurred (such as building owners). Your attorney will investigate these issues thoroughly to ensure you receive maximum financial recovery.
- Estimating the Potential Value of Your Claim
In any premises liability case, it is crucial to have a realistic idea of the potential value of your claim. It will allow you to make informed decisions about whether or not to pursue legal action and help during negotiations with the insurance company. Your lawyer will be able to estimate what they believe your case is worth based on their knowledge of the law and experience with similar issues.
- Prove That You Were Injured
The first step in proving that you were injured is to show how the accident occurred. Your attorney will gather evidence, such as photographs of your injuries or medical records showing treatment received after the incident took place. They will also work with expert witnesses who can testify on behalf of their clients at trial if necessary.
This is why having a medical journal is essential. You want to make sure all of your appointments and treatment dates are well-documented, so there’s no question about when things happened. If you’re not keeping track of these details, it will be difficult for someone like an attorney or doctor to do so either.
If you were injured while on someone else’s property, the defense will try to prove that you were trespassing. They might say this even if there was no sign indicating it should be a private space and no fence or other barrier preventing entry onto their land. Your lawyer can show how trespassers do not have rights under premises liability laws because they are considered on the property illegally.
They will also argue that you were not trespassing if you had permission from the owner or an authorized representative to be there, such as a police officer investigating a crime scene. This is known as lawful presence and can help your case significantly.
- Prove That the Defendant Owned the Property and Was Negligent
For you to win a premises liability case, your lawyer must be able to prove that the defendant was negligent in their duties to maintain safe conditions on their property. They will do this by gathering evidence such as witness statements, safety inspection records if they are available, and expert testimony about how the accident could have been preventable.
This information will help establish that the defendant knew or should have known about the hazardous condition that caused your injuries and did nothing to correct it. Your lawyer will also argue that the defendant’s negligence directly resulted in your injuries. It means they must show that, but you would not have been injured by the unsafe condition on the property.
A premises liability attorney can help you win your lawsuit by filing your claim as soon as possible, investigating the scene, negotiating with other parties involved in the case, preserving evidence, and estimating the potential value of your claim. They will also ensure you receive maximum compensation for any damages related to the accident. If you have been injured due to unsafe conditions on someone else’s property, contact a lawyer today to discuss your case.