What happens if you suffer an injury on someone else’s property? These cases are far more common than you may realize. A premise liability lawyer may be able to get you the help you deserve. These accidents can happen anywhere, anytime, and the outcomes of these injuries can be devastating. Hiring a Miami premise liability attorney can give you the guidance and direction you need during this difficult time.
A premises liability insurance policy usually covers the property owner when someone is injured on their property. That is, the insurance policy is available to provide compensation to the injured party. Proceeds from the policy may be used to pay for medical care and other expenses that arise as a result of the accident.
Unfortunately, the insurance company that issued the policy usually has a vested interest in paying out as little as possible to the injured party. This means that the victim may not receive adequate compensation even to pay for the costs of their medical care.
When this situation arises, then it’s wise to contact a Florida premise liability attorney who can be an advocate for the victim. This representation includes interactions with the insurance company, as well as being empowered to bring a lawsuit if one becomes necessary.
When a property owner tolerates unsafe or defective conditions on their property and these conditions cause an injury to another person, then the result can be a premises liability claim.
Premises liability laws in Florida establish responsibilities for property owners to ensure that their property is safe and secure. Sometimes referred to as “Duty of Care”, violating this responsibility may lead to injuries and expensive claims.
In general, the law says that owners owe a duty of care to any invited visitors. This may include family, friends and neighbors in a private home, or people who are visiting a business to conduct a transaction.
An exception to this law relates to trespassers. Anyone who unlawfully enters the property without the knowledge and consent of the owner is likely to find that they cannot make a premises liability claim in most instances.
It’s also worth knowing that simply receiving an injury on someone else’s property does not automatically entitle the injured party to compensation. Premises liability law only applies when it can be demonstrated that the property owner was negligent in his duty of care. This negligence is frequently described as “a failure to address a defect or dangerous condition of which the property owner should reasonably have been aware”.
Personal injuries happen to people not only in private homes, but also in a wide assortment of public places. These may include grocery stores, hotels, restaurants, sidewalks, retail stores, and numerous other destinations where the public frequently is welcome.
The precise nature of the accident may vary depending upon the location in which it occurs. However, this is a sampling of accidents that may lead to potential premises liability claims:
When a property owner neglects appropriate maintenance and cleaning, then they may be creating the conditions that lead to any of these and other accidents. When a violent crime is committed, the property owner can be held responsible if they did not provide adequate lighting, security and safety measures.
Florida law may grant you four (4) years from the date of your injury in which to file a premises liability lawsuit, but it is rarely advisable to wait this long. In fact, it’s wise to act as quickly as is reasonably possible after you are injured.
The reasons for this are many. Waiting too long can make the evidence collection difficult, if not impossible. The insurance company and your attorney will want to observe the scene of the accident and question witnesses as soon after the incident occurred. This provides them with an opportunity to see the conditions in which the scene occurred and to interview witnesses while the accident and the events that led up to it are still fresh in their minds.
In fact, if you or someone who is with you at the time of the accident have the ability to take pictures of the scene, talk to witnesses, or make any kind of documentation immediately after the injury occurs, this will be especially valuable information for your premise liability lawyer.
The property owner, especially if you were injured on a commercial or industrial site, may have a protocol to follow when an accident occurs. Comply with as much of this protocol as seems prudent, but resist their efforts to get you to sign anything.
You definitely don’t want to release the property owner from any liability until your injuries, and the role that the owner’s negligence may have played in them, have been properly assessed by professionals.
If the owner does want you to sign something, ask for time to review the document.
At first, most people don’t contact a premise liability attorney. The property owner may even be willing to file a premises liability claim with their insurer. However, these transactions rarely go smoothly, and it’s not unusual for insurance companies to give victims the runaround when all that the injured party really needs is compensation for their medical expenses.
Your Insurance Attorney regularly represents people who are mired in premises liability claims. If your claim has been denied or you’ve been offered a lowball settlement, then bring your case to us for a thorough review and investigation.
Your Insurance Attorney doesn’t get paid unless you do, and that motivates us to put forth our best effort on your behalf. Remember, you don’t have to fight alone against negligent property owners whose behavior caused your injuries.
Each case is different. It is not possible to provide a number, or even an estimate, from the onset of any case.
Once you have completed your medical treatment, we will send a demand letter to the insurance company at fault, which will include all of your medical records and bills. Once the insurance company receives the demand, they have about 30 days to respond to our offer to settle with a counter offer or acceptance. We will then contact you to discuss the offer presented and what the next step would be in our negotiation process.
Every case is different. However, most cases take approximately 6 months to a year. If we have to file suit, it may take longer.