If you or somebody you care about is injured due to the careless or negligent actions of a property owner or operator, you may have to file a premises liability lawsuit in order to recover compensation for your losses. However, these cases are not always easy to prove. The team at Soloff & Zervanos, P.C. wants to discuss how premises liability cases work.
What the injured victim needs to prove
There are certain elements they need to be present in every personal injury case, including claims made against property owners or operators.
Duty: It needs to be shown that the person that caused the injury (the defendant) owed a duty of care do the person injured (the plaintiff). In general, property owners and operators have a responsibility to keep anybody who has a right to be on their property safe from known hazards.
Breach: Once a duty of care is established, it needs to be shown that the defendant breached their duty of care in some way. Establishing negligence is vital, and could include showing that the property owner allowed an unsafe condition to persist or failed to take steps to remedy an unsafe condition.
Injuries: The plaintiff must have suffered some sort of injuries in order for a case to be successful.
Causation: The plaintiff’s injuries must have been caused by the breach of duty of the property owner.
You should use an attorney for a premises liability case
In most cases, a person injured in a premises incident will not have the resources or legal experience necessary to properly pursue maximum compensation for their claim. These cases can become incredibly complex, and a premises liability attorney in Philadelphia will be able to:
Obtain all evidence related to the incident, including accident reports, video and photo surveillance, eyewitness statements, and more.
Gather your medical records and work to properly calculate the total losses you have sustained due to your injuries.
Negotiate with all parties involved, including aggressive insurance carriers, to obtain the compensation you are entitled to.
If a property owner or their insurance carrier refuses to offer a fair settlement or denied a claim, it may be necessary for your attorney to file a personal injury lawsuit on your behalf. Sometimes the threat of a personal injury lawsuit will convince the negligent party to offer a settlement. In other cases, it may be necessary to take the case to trial.
Our team is ready to help
If you or a loved one had been injured due to the careless or negligent actions of a property owner or operator, you may be entitled to significant compensation. At Soloff & Zervanos, P.C., we pledge to thoroughly investigate the incident that caused your injury and work to secure any compensation you are entitled to. This can include:
Compensation for your medical bills
Lost income if you were unable to work
Coverage of physical therapy if needed
Pain and suffering damages
Loss of enjoyment of life damages
Possible punitive damages against the property owner or operator