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The attorneys at Viles & Beckman understand premises liability law and handle cases in which individuals have suffered harm due to hazardous conditions on another person’s property.
Let’s delve into the important role of a premises liability lawyer and how they can guide you through the intricate legal process, ensuring your rights are protected, all relevant evidence is gathered, and you receive the fair compensation you deserve for your injuries and damages.
What Is Premises Liability?
Before delving into the role of a premises liability lawyer, it is beneficial to understand the concept of premises liability.
Premises liability refers to the legal responsibility of property owners to maintain a safe environment for visitors. When a property owner fails to fulfill this duty, and someone is injured as a result, a Fort Myers personal injury lawyer can aid in holding them liable for damages.
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How Will I Know If My Premises Liability Case Qualifies for a Settlement?
One of the primary roles of a premises liability lawyer is to evaluate the strength of your case. They will gather evidence, review medical records, interview witnesses, and assess the extent of your injuries. This evaluation helps determine the viability of your claim and the potential compensation you may be entitled to.
Will a Lawyer Work With Insurers to Investigate My Claim?
Insurance companies play a significant role in premises liability cases and will usually conduct their own investigation into the claim. However, a premises liability lawyer will work diligently to establish liability on the part of the property owner.
They will investigate the circumstances surrounding the accident, gather evidence, and consult with experts if necessary. By proving that the property owner was negligent or failed to maintain a safe environment, the lawyer can build a strong case that will positively impact the outcome of your case.
Click To ContactDoes a Premise Liability Lawyer Help With Negotiating With Insurance Companies?
When you hire a premises liability lawyer, they can handle the communication and interaction with insurance companies on your behalf. Your lawyer will engage in negotiations with the insurance company’s representatives to discuss the facts of the case, the extent of your injuries, and the appropriate compensation.
A skilled premises liability lawyer’s sole purpose is to advocate for your rights and maximize your chances of obtaining a fair settlement.
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How Do Premise Liability Lawyers Handle Litigation and Trial?
As negotiations progress, your lawyer will guide you through settlement discussions with the insurance company. They will analyze any settlement offers that are presented and provide you with advice on whether the offer is fair and in your best interest.
If a fair settlement cannot be reached through negotiation, a premises liability lawyer will be prepared to take your case to court. They will represent you during the litigation process, presenting your case before a judge and jury. With their experience in premises liability law, they will find loopholes or uncover additional funds to win you maximum compensation.
What Possible Defenses Might a Lawyer Use in a Premises Liability Case?
It is the job of your premises liability attorney to be prepared for the defenses of the alleged offender. To win your case, your lawyer may have to create legal strategy that counteracts the following defenses:
- Challenging negligence: The defense may argue that the property owner took reasonable care in maintaining the premises, refuting any negligence claims or attributing the accident to the plaintiff’s own negligence.
- Comparative negligence: If the plaintiff’s actions contributed to their injuries, the defense may claim that their failure to exercise reasonable care or disregard for warning signs diminishes the defendant’s liability.
- Assumption of risk: The defense may assert that the plaintiff willingly accepted the known risks associated with the premises, making them partially or entirely responsible for their injuries, especially in cases involving obvious and inherent risks.
- Open and obvious hazards: Arguing that the plaintiff should have recognized and avoided the hazard due to its obvious nature, the defense may contend that the property owner or occupier cannot be held liable.
- Notice of the hazard: The defense may argue that the property owner or occupier lacked sufficient awareness or reasonable time to address the hazardous condition, absolving them of liability.
- Independent contractor liability: If an independent contractor’s negligence caused the injury, the defense may argue that the property owner should not bear direct responsibility for the contractor’s actions.
- Statute of limitations: The defense may claim that the lawsuit was filed after the expiration of Florida’s statute of limitations, potentially barring the plaintiff’s claim.
Want to Know if Hiring a Premise Liability Lawyer is Right for You?
Schedule a free consultation with Viles & Beckman law firm today! If you or a loved one has been injured on someone else’s property due to negligence or unsafe conditions, meet with our skilled premises liability lawyer to learn if being represented by us is right for you. Our risk-free case evaluation will cover the strength of your case, any concerns you may have, and your timeline.
Our experienced attorneys have positive testimonials from personal injury clients in every practice area, including premises liability. We are dedicated and will fight tirelessly to protect your rights and secure the compensation you deserve.
Call or text (239) 334-3933 or complete a Free Case Evaluation form
