It’s reasonable to expect a property owner to take care of their premises. Nevertheless, some property owners fail to take sufficient measures to protect their visitors. If you’re injured on someone else’s property due to this individual’s negligence, you could have grounds for a claim or lawsuit. To find out, meet with a premises liability lawyer in New Haven who will review your case.
The Law Offices of James A. Welcome boasts over 40 years of combined experience among its team members. We can give you insights into what a premises liability claim or lawsuit entails. If you’re ready to move forward with either of these options, we’re here to help. For more information, schedule a free consultation with a New Haven personal injury lawyer from our team.
Why You Should Hire a Lawyer if You’re Injured on Someone Else’s Property
After you get hurt on another person’s property, receive medical attention. From here, speak with a premises liability attorney in New Haven. The steps you take in the aftermath of suffering injuries on someone else’s premises are key. If you hire a lawyer, you can pursue compensation from the liable party.
Your lawyer can discuss whether premises liability is the same as negligence in personal injury cases and other legal topics with you. They want you to care for your injuries as they build your case for compensation. Your attorney may obtain compensation for you via an insurance claim. Or, they may proceed with a lawsuit in which you sue an at-fault property owner for damages.
The Law Offices of James A. Welcome helps our clients achieve case results they trust. Our team will take a personal approach to your premises liability case. We can explain your legal options and how to recover compensatory damages from anyone at fault for your injuries. To learn more, request a free case consultation with us.
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When to File a Premises Liability Claim in New Haven
Don’t wait to seek compensatory damages as part of a premises liability claim. According to Connecticut General Statutes § 52-584, you may have two years from the day of your accident on someone else’s property to ask for damages. Beyond this window, you may be responsible for your accident losses.
Your New Haven premises liability lawyer can provide you with FAQs and other resources relating to your case. They can submit your claim in alignment with Connecticut law and negotiate a settlement on your behalf. If your attorney receives a settlement offer from a liable party’s insurance company, you can review the proposal with them before you decide on it.
Unfortunately, insurance companies often contest premises liability claims. Your lawyer knows the tactics that an insurer will use to dispute your claim. They will work hard to secure a fair settlement. However, if your attorney doesn’t get a settlement offer that matches your expectations, they may advise you to proceed with a trial.
How to Get Damages Through a Premises Liability Lawsuit
Filing a lawsuit against a property owner responsible for your injuries may be more trouble than it’s worth. Thankfully, you don’t have to go through the legal process alone. Your personal injury attorney can guide you through this process, helping you make informed decisions every step of the way.
After your lawyer submits your lawsuit, they can gather evidence to support your case. They may collect an accident report and photos of the property where you were injured. Along with these, your attorney may search for expert witnesses for your personal injury lawsuit.
Your attorney can describe what can happen when your case is presented in court. They want you to feel confident about your case when you enter the courtroom. If you have any concerns or questions about the courtroom experience, your lawyer can address them promptly.
Compensation That You Can Get in a Premises Liability Case
The damages available in personal injury cases vary. Your lawyer can account for your quantifiable and subjective losses from your accident on another person’s property. They may pursue damages for several reasons, including:
- Medical expenses
- Pain and suffering
- Loss of income
- Diminished earning capacity
Asking for these and other damages doesn’t automatically mean that you’ll recover them. The defendant in your premises liability lawsuit may commit substantial time and resources to prepare their case against you. With your lawyer’s help, you are well-equipped to prove that this party acted negligently and should have to cover your losses.
The Role of Negligence in a Premises Liability Case
Negligence can play a major role in the outcome of your premises liability case. Your lawyer wants a judge or jury to see that a property owner had a duty of care, which is a legal obligation to keep their premises safe. They also want to show the court that because this duty was violated, you got hurt and are dealing with damages.
To understand negligence and its application to your case, consider the following example. A business operator ignores a wet floor, and you slip, fall, and are injured. In this situation, the business operator didn’t clean their floor, which led to your accident and injuries. This party violated their duty of care to you and, as such, can be held liable for the harm that you’ve suffered.
If you’re partly liable for an accident and injuries that occur on another party’s premises, the court can award partial damages or none at all, per Connecticut General Statutes § 52-572h. Your lawyer can give you information about Connecticut‘s modified comparative negligence rule. They can look for ways to prove that you’re in no way at fault for your accident and injuries.
Partner with a New Haven Premises Liability Lawyer with a History of Success
The Law Offices of James A. Welcome proudly serve residents of New Haven and its surrounding communities. If you’re considering filing a premises liability claim or lawsuit, please let us know.
We can connect you with a New Haven premises liability attorney who can help you determine the next steps. Contact us today to get started.
