How to Win Premises Accident Cases

49

A premises liability case is one in which a person alleges they were injured on another person’s property due to the property owner’s negligence.

If you’re dealing with a premises liability claim, there are a few things you can do to increase your chances of winning.

1. Hire an Experienced Attorney

If you don’t have experience handling premises liability cases, it’s best to hire an attorney who does.

An experienced attorney will know how to navigate the complexities of these types of cases and will have a network of professionals they can call upon for expert testimony, if necessary.

2. Gather Evidence

Be sure to collect any evidence related to the accident, including photographs of the scene and any injuries sustained, eyewitness statements, and medical records. This evidence will be crucial in proving negligence on the part of the property owner.

3. Get Medical Attention as Soon as Possible

Seek medical attention as soon as possible after the accident occurs. Not only will this ensure that you get the treatment you need, but it will also create a paper trail that can be used to support your claim for damages. Be sure to keep all records and receipts related to your medical treatment.

4. Establish a Damages Claim

In order to win a premises liability case, you must be able to show that the property owner’s negligence resulted in actual damages.

These damages could be physical injuries, emotional distress, or financial losses such as lost wages or medical bills.

5. Don’t Give a Recorded Statement

The insurance company will almost certainly try to get you to give a recorded statement about the accident and your injuries.

It’s important that you don’t do this without first consulting with an attorney. The insurance company will use anything you say against you in an effort to minimize or deny your claim.

6. Prove Negligence

There are three main ways to prove negligence in a premises liability claim: by showing that the property owner must have known about the hazard that caused the accident; by demonstrating that the owner failed to remedy the hazard in a reasonable amount of time; or by establishing that the owner created the hazard that led to the accident.

7. Be Prepared to Go to Trial

Many premises liability cases are settled out of court, but some do end up going to trial. If your case does go to trial, be prepared with all of your evidence and arguments so you can present your strongest case possible.

8. Be Cautious About Social Media Use

Anything you post on social media (Facebook, Twitter, Instagram, etc.) can and will be used against you by the insurance company in an effort to minimize or deny your claim for damages.

As such, it’s important that you refrain from posting anything about the accident or your injuries online until after your case has been resolved.

Conclusion

In case you have been injured on another person’s property due to their negligence, contact an experienced premises liability attorney right away.

By gathering evidence, establishing claims for damages, and proving negligence, you can increase your chances of winning your case and receiving the compensation you deserve.

Click here if you were hurt on somebody else’s property and you need help!