Filing a Cherry Hill Premises Liability Claim
After sustaining a serious injury because of another person’s negligent upkeep of his or her property, the legal options you have against that person may seem overwhelming. Additionally, medical bills may continue to pile up, depriving you of the rest you need.Filing a Cherry Hill premises liability claim is best left to professionals while you focus on what you need: recovery. Contact a knowledgeable premises liability attorney who could help you recover by shouldering the burden of litigation, negotiations, and evidence gathering.
Required Premises Liability Qualifications
For a case to be considered a premises liability case, the accident had to occur on a property whether it is a public property, private property, business property, or residential property. The person must be able to claim that there was a defect or dangerous condition within the property that caused his or her alleged injury. Fortunately, there are experienced attorneys familiar with property mismanagement that could help your case if you feel it meets these requirements.
What Information an Attorney Might Need for A Claim
To assist people with their cases, the premises liability attorneys first needs to know:
- The location of the accident
- The time of the accident happened
- The facts surrounding the incident including the dangerous or defective condition
- The nature and severity of the injuries
- The treatment received for the injuries
Attorneys determine whether there are any photos of the dangerous or defective condition and whether there is any surveillance available in the area. They examine the medical reports to identify whether the individual has any prior conditions or injuries of a similar nature. The attorney establishes whether an incident report was completed or if someone on the premises was placed on notice of the incident. It is also important to know if anyone at the premises apologized or offered assistance in connection with the happening of the accident. They confirm whether repairs were made to the mechanism of the injury after the accident happened.
Evaluating Standard Requirements of Property Upkeep
One example of the standard requirements of examination that must be met is whether the incident was something foreseeable to the owner that they should have remedied prior to the injury occurring. Another example is whether there were any prior instances of a similar nature on the property. When there is a history of a specific problem at the premises, that should be addressed sooner than later and is always helpful to the case to establish negligence.
How Types of Property Affect Premises Liability Claims
The type of property is important because different standards apply to different types of property. Different duties apply to different types of property owners. Residential property owners have different duties to people who come on to their property than business owners or commercial owners have for business invitees. Different standards apply to properties owned by public entities such as municipalities and schools.
Possible Recoverable Losses from Trial or Settlements
Typical damages, commonly refereed to as recoverable losses, recovered in premises liability cases are compensatory damages intended to compensate the person for any out of pocket expenses they might incur in connection with their medical treatment. Additionally, claim holders could vie for more conceptual losses called non-economic damages. A person could look for damages for pain and suffering incurred as a result of their injuries. There can also be damages for a per quod claim for loss of consortium and services of companionship that may be brought by the spouse of the injured individual. In rare cases, a person could pursue punitive damages which is only afforded in the most egregious of cases when the conduct by a property owner is borderline criminal in nature and justifies the emphasis of punitive damages designed to punish the entity or the individual responsible for the accident.
Why Victims Should Consider Hiring an Attorney Familiar with Premises Liability Cases
One reason that someone should hire a premises liability lawyer at the outset of the case is to protect the person’s rights to obtain compensation at the beginning for medical bills or things that could be pursued earlier in the claim before any litigation is necessary. The second specific reason is to make sure that all proper evidence is preserved in a timely fashion. The success in a premises liability case often hinges on the evidence that is produced to establish that the incident occurred as the person alleges to make sure that nothing is done to change the condition at issue. For example, when a property owner has a pothole that is alleged to have an caused an accident, the attorney ensures that the property owner is put on notice not to alter or change the condition until there is an opportunity to inspect it, photograph it, and get an accurate portrayal of the condition prior to it being altered.
Connect with a Legal Representative Today
Defense attorneys in premises liability cases often focus on the credibility of the plaintiff and look at whether the person has made similar prior claims. They look at the nature of the injury claims and identify any history of similar injury claims from other incidents the person in the past or injuries due to degenerative conditions. The last thing a defense attorney focuses on is the type of defect or dangerous condition. They evaluate the severity of the condition to determine if it is a mild or de minimis defect that would not be responsible for causing the incident as opposed to the plaintiff failing to pay attention to their surroundings.
Because of this, it is critical to connect with a legal representative who could rebuke and claims made by the defense and help with filing a Cherry Hill premises liability claim. Do not waste time and let the time limit on your case expire. Call today for a confidential consultation.