Guilford Premises Liability Lawyer

Guilford Premises Liability Attorney

When you visit someone else’s property, whether it is a home or business, you have the reasonable expectation for the property to be safe and free of safety hazards. Every property owner is required to ensure reasonably safe premises, and when they fail in this responsibility, they face liability for the resulting damages. A Guilford premises liability lawyer is the ideal resource to consult if you have recently suffered an injury on another party’s property.

Common Challenges with Premises Liability Claims in Guilford

Premises liability cases involve situations in which someone is injured as a result of a defect on another’s property. Premises liability cases are generally brought against the landowner where the injury occurred, which can be a private individual, business, and/or a town or city. Examples of defects in premises liability cases include uneven sidewalks, broken steps and unsafe handrails.

Premises liability cases are usually more difficult cases to prove than those involving car accidents. Whereas it is almost always clear who is at fault in a rear-end car accident, defense attorneys will often try to pin blame on the injured party in a premises liability case. For example, defense attorneys may argue or insinuate, sometimes without a basis, that the plaintiff was not paying attention to their surroundings when they were injured.

Premises liability cases can be especially difficult against a town or city. Often, an injured party or their attorney is required to inform the town/city of their intention to bring a claim within 90 days of the fall. Furthermore, the injured party often must prove that the town/city was the “sole proximate cause,” i.e. 100% to blame for the plaintiff’s injuries. This can be a very difficult burden to overcome, so it is important to have competent representation when bringing a premises liability case against a municipality.

Ultimately, your case may be more challenging than it appears at first, but the right attorney on your side will enable you to approach the situation with confidence and peace of mind. The team at Dolan Injury Lawyers, PLLC, has a proven record of success handling a wide range of complex personal injury cases for clients in the Guilford area and surrounding communities of Connecticut, and we are ready to put this experience to work in your case.

Proving Fault for a Premises Liability Injury in Guilford

A premises liability claim is a type of personal injury claim, and in every personal injury claim, the injured party must prove the cause of their injury and establish liability before they can claim any compensation for the damages they suffered. If you intend to pursue legal recourse against a private property owner in Guilford, you will need to complete several procedural steps to succeed in this effort.

First, you must be able to prove that you were legally present on the property. This means that you had the property owner’s express or implied permission to enter their property for your own reasons or for their purposes. Property owners are not liable for injuries to trespassers or intruders as they do not have permission to enter the property; therefore, the property owner cannot reasonably be expected to account for their safety.

Second, you must prove that the property owner failed to address a foreseeable safety issue on their property. Once a property owner notices any such problem, they must either fix the problem immediately or take steps to ensure it cannot harm lawful visitors. This may include posting warning signs, blocking access to the area with the safety hazard, or providing clear verbal warnings to visitors.

If the hazard is an open and obvious danger, then it is likely for the victim to absorb some liability for the incident. The state upholds a modified comparative fault statute, meaning that if a plaintiff is found partially at fault for causing their personal injury, they will lose a corresponding percentage of their case award to account for this. However, if they are found more at fault than the defendant, they lose the right to claim compensation from them.

Your Guilford premises liability lawyer can help you gather the evidence you may need to firmly establish liability for your accident. This could include security camera footage, witness testimony, building maintenance records, and more. Once you have established fault, you can proceed with claiming compensation for the damages you suffered because of the property owner’s negligence.

Claiming Compensation in a Premises Liability Case

The primary objective for any personal injury case is for the injured plaintiff to recover compensation for the damages they suffered in the incident. Once they have proven fault, they must then show the full scope of their losses and prove they are the direct result of the defendant’s negligence and did not result from any other cause.

It’s possible for a personal injury plaintiff in Guilford to seek compensation for various forms of economic damages. These are the direct financial losses they suffered from the accident. Your attorney can help you gather any necessary documentation for proving that these losses resulted from the defendant’s negligence and for proving their exact amounts.

In most personal injury cases, the injured plaintiff can seek compensation for economic damages such as:

• Property damage. If the defendant’s actions resulted in the loss of any personal property, the victim can seek compensation for the value of the property lost in the incident.
• Medical treatment costs. Most premises liability claims pertain to physical injuries. The plaintiff has the right to seek compensation for all medical expenses they incur as a result of their injury. This not only includes immediate treatment costs like emergency room bills but also ongoing rehabilitative care costs, the costs of necessary medical devices, and the in-home care they require to recover.
• Lost income. When a plaintiff cannot work due to their injuries, the defendant responsible for those injuries will be liable for the income the victim cannot earn during this time. Your attorney can help you calculate these damages, and they can assist you with claiming compensation for lost future earning potential if your injury has left you permanently disabled and you cannot return to work.

The average person may be able to identify immediately recognizable economic damages such as hospital bills and lost wages, but accurate calculation of long-term damages will be difficult without an experienced attorney’s help. In addition to economic losses, the injured plaintiff also has the right to claim pain and suffering compensation, and this could form a large portion of their case award if they sustained serious injuries.

When it comes to calculating pain and suffering compensation, an injured plaintiff will need their attorney’s helpto determine an appropriate and realistic figure to include with their personal injury claim. Generally, the overall severity of the victim’s injury and the scope of long-term or permanent damage they suffered will determine how much pain and suffering compensation they can obtain from a successful case.

Remember that if a plaintiff is found partially responsible for causing their damages, it will be reflected with a fault percentage, and they will lose this percentage of their case award as a penalty. If you are concerned about the state’s modified comparative negligence rule or any other aspects of your case, you can discuss these issues with your attorney, and they can explain what you can expect.

Settling Versus Litigating a Premises Liability Claim in Guilford

After gathering the materials necessary for proving fault for your personal injury and identifying all the damages you are legally able to claim from the defendant, you should be ready to file your case andpursue the compensation you need to recover from your losses. However, it is important to know your options when it comes to actually resolving your case. Intense litigation may or may not be necessary, depending on the details of your situation.

Many personal injury claims, including many premises liability cases, are settled privately outside of court throughout the state each year. During the settlement process, the parties involved in the case meet privately to discuss mutually beneficial terms for resolving the case. As long as the defendant accepts liability for the accident and both the plaintiff and the defendant are willing to compromise, it is possible to settle a civil claim relatively quickly.

However, settlement is not always a viable option. A defendant may deny liability, accuse the plaintiff of causing their own injury, or the parties may fail to reach mutually acceptable terms in their attempts to negotiate. In any such situation, the case will need to be resolved through litigation. This is a long, stressful, and challenging process, but with the right attorney representing you, you can approach these proceedings with confidence.

What to Expect from Your Guilford Premises Liability Lawyer

The right legal team will be an invaluable asset for your impending premises liability case. Regardless of how simple or complex it appears to be at first, you could encounter a host of unexpected challenges that you would not know how to resolve on your own. Additionally, if you tried to handle your case by yourself, you would contend with strict filing requirements and procedural rules while managing the aftermath of your injury and your personal obligations.

When you hire Dolan Injury Lawyers, PLLC, to represent you in a premises liability claim, we can immediately get to work building the foundation of your case while you rest and recover with peace of mind. Trust our team to ensure your case meets all applicable filing deadlines and other statutory requirements, streamlining these proceedings as much as possible.

When it comes to your recovery, trust our firm to uncover every channel of compensation available to you and to do everything we can to maximize the case award you obtain after we win your case. Our firm has extensive experience handling complex premises liability claims, and we are confident that we can leverage this experience in your case.

If you are nervous about the potential cost of hiring legal representation, there is no cause for concern with Dolan Injury Lawyers, PLLC. We take personal injury cases on a contingency basis, meaning you pay no upfront attorneys’ fees and will only pay a fee to our firm if and when we win your case. Additionally, our contingency fee will be a percentage of the total compensation we secure for you.

The attorneys at Dolan Injury Lawyers have experience handling a wide range of premises liability cases.If you feel that you may have a premises liability case, call Dolan Injury Lawyers, PLLC, for a free consultation and case evaluation. Our team will review the details of your case and let you know how we can assist with your recovery.