If you get injured on someone else’s property, you could have grounds for a lawsuit against a liable property owner. To find out, consult with an Elk Grove premises liability lawyer. This allows you to discuss your injury with an attorney, determine who is at fault, and, if warranted, sue a negligent property owner for compensatory damages.
Triumph Law, P.C. is a California personal injury law firm dedicated to your triumphs. With more than two decades of legal experience, our team can assist you with your premises liability case. Schedule a free case consultation with our Elk Grove personal injury lawyer.
What You Need to Know About a Premises Liability Claim
You could file a premises liability claim if you get hurt on someone else’s property. Generally, it is reasonable to expect a property owner to eliminate hazards from their premises that could put you or others in danger. If this individual chooses not to do so and you suffer an injury as a result, they can be held responsible for your injury-related losses.
An Elk Grove premises liability attorney could help you get compensation via a home/residential insurance claim. Yet, even if you file a claim through a property owner’s insurance carrier, there is no guarantee you will get compensation. This is due to the fact that this individual’s insurer could dispute your claim or offer a lowball settlement.
At Triumph Law, P.C., we believe your triumphs are our triumphs. Our team can negotiate with a liable property owner’s insurance company on your behalf or file a personal injury lawsuit for you. Contact us for more information.
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(916) 500-0000How an Elk Grove Premises Liability Lawsuit Works
The deadlines to sue someone based on a personal injury are restrictive. In California, you may have up to two years from the date you get injured on another person’s property to seek damages from them. A premises liability lawyer in Elk Grove can help you submit your lawsuit in alignment with California’s statute of limitations.
Filing a lawsuit does not ensure you will recover damages. It is your responsibility to prove that a property owner was negligent and that their acts led to your injuries. Your attorney can provide tips and recommendations on how to prove negligence in a personal injury claim.
To show that a property owner was negligent, you must prove that they had a duty of care to you. This duty is a legal obligation to avoid doing anything that could be considered careless or reckless and may put you at risk. Along with this, you must verify that the party violated their duty, which contributed to your injuries and caused you to incur damages.
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Damages You Can Request in Your Lawsuit
A premises liability attorney in Elk Grove can explain how damages are calculated in personal injury claims. They may encourage you to request economic and non-economic damages. Reasons why you could get damages in your lawsuit include:
- Loss of income
- Medical bills
- Pain and suffering
- Loss of enjoyment
To maximize your damages, it helps to have a lawyer who has received many positive client reviews at your side. Your lawyer commits time and resources to your case and explores ways to build a compelling argument. They may gather a wealth of evidence to help you make it clear to a judge or jury that you deserve full damages.
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Evidence You Can Use in Your Lawsuit
Saying you were injured on someone else’s property and should be awarded damages is not enough to secure compensation via a personal injury lawsuit. You may need an abundance of evidence to support your argument. Proof you may use in your case against a liable party can include:
- Accident scene photos
- Video surveillance footage that shows the accident in which you were injured as it happened
- Medical bills that highlight the severity of your injuries
- Pay stubs that illustrate how much money you are losing because you cannot work due to your injuries
- Property records that indicate who was responsible for the premises at the time you suffered your injuries
- Statements from witnesses who saw you get hurt
Your lawyer understands the value of evidence in your lawsuit. They look for proof that can help you strengthen your case and, at the same time, make it difficult for a defendant to dispute your claims against them. If you have plenty of evidence, the defendant may be inclined to propose a fair settlement, which could allow you to resolve your case without a trial.
The Impact of Comparative Negligence on Your Case
Your lawyer can explain how comparative negligence can affect a personal injury claim. With comparative negligence, you can be found partly liable for injuries you suffer on someone else’s premises. Alternatively, you can hold a property owner liable for injuries you incur due to their negligence, even if you are 99% to blame.
For example, consider what can happen if a judge or jury says you are 20% to blame for injuries that occur on someone else’s property. This means the defendant in your lawsuit is 80% liable. As such, you may get 80% of the damages you originally pursued.
Your lawyer focuses on crafting an argument designed to show a judge or jury that you are in no way at fault for your injuries. Comparatively, the defendant in your case will look for any proof that they can use against you. In some instances, a lawyer may negotiate a settlement, as this could help you get damages without the risk of being found partly or fully at fault.
When to Submit a Premises Liability Wrongful Death Claim
Sadly, a family member could die due to a property owner’s negligence. You and your loved ones mourn the loss of your family member and are dealing with the emotional trauma that follows. Filing a lawsuit against a negligent property owner may not be a consideration, but an Elk Grove wrongful death lawyer may be able to assist you during this challenging time.
A wrongful death attorney understands how tough it can be to sue a negligent property owner for damages. They want you to focus on your family at this point. Meanwhile, they can handle your legal matters.
Your lawyer considers ways to prove that a property owner was negligent and that you should receive damages based on their actions. They keep you updated throughout your litigation. Your attorney works diligently to help you receive compensation.
Get Help with Your Premises Liability Case
Triumph Law, P.C. has secured millions of dollars in personal injury case settlements and verdicts for our clients. Let us help you with your premises liability lawsuit. Request a free case consultation.