Unexpected injuries can disrupt your life. If you’ve sustained an injury as a result of someone else’s negligence, a Norfolk personal injury lawyer can help you seek damages.
Accidents can happen when we least expect them. If you’ve experienced an injury due to a hazardous situation while visiting a business or public space, it’s natural to feel overwhelmed and unsure of what steps to take next.
Since 2011, The Pendleton Law Team has worked with thousands of clients like you to file claims. If you’ve been injured on someone else’s property, a Norfolk premises liability lawyer from our team can help you pursue financial compensation.
What Can a Premises Liability Lawyer Do for You?
A premises liability lawyer can be an invaluable ally when you’ve been injured due to unsafe conditions on someone else’s property. Here’s what a premises liability lawyer can do for you:
- Evaluate your case: A lawyer can review the details of your incident to determine if you have a valid claim and identify the responsible parties.
- Gather evidence: A lawyer can collect crucial evidence such as photos, witness statements, and expert opinions to build a strong case on your behalf.
- Negotiate with insurance companies: A lawyer can handle negotiations with insurance companies to ensure you receive fair compensation for medical bills, lost wages, and other damages.
- Represent you in Court: If a fair settlement cannot be reached, a lawyer can advocate for you in court.
Above all, a premises liability lawyer in Norfolk will enable you to focus on your recovery while a professional works tirelessly to secure the compensation you deserve.
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What Damages Can You Recover in a Premises Liability Case?
If you’ve been injured on someone else’s property, you may be entitled to the following types of damages:
- Medical expenses: This includes all past and future costs associated with medical treatments for your injury. Medical bills for ambulance rides, hospital stays, surgery, doctor’s visits, prescriptions, and physical therapy can be covered.
- Lost earnings: If your injury prevented you from working or compromised your ability to work in the future, you can recover compensation for lost wages and employment opportunities both before the trial and in the long term.
- Pain and suffering: Non-economic damages can be recovered to account for the physical pain, emotional distress, inconvenience, and loss of quality of life you suffered due to your injury.
- Permanent impairment: These types of damages cover any disabilities, disfigurement, or lasting health problems caused by the incident, including chronic pain, mobility impairment, and permanent scarring.
- Loss of consortium: If you’re married, your spouse may recover damages for losses like reduced companionship, affection, intimacy, and day-to-day assistance.
A premises liability attorney in Norfolk can evaluate your case and explain the damages you’re eligible for.
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How Long Does it Take to Settle a Premises Liability Case?
The length of time it takes to settle a premises liability case can vary depending on the specifics of the case. Simple cases with clear liability and minor injuries may be resolved in as little as a few months through an out-of-court settlement.
However, more complex cases involving disputed liability, severe injuries, or extensive investigations may take a year or longer to resolve. Additionally, the timeline could be extended even further if the case proceeds to trial.
Factors such as gathering evidence, negotiating with insurance companies, and each party’s willingness to compromise all affect the time it takes to complete the process.
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How is Liability Determined in Premises Liability Cases?
In premises liability cases, liability is determined by examining the relationship between the property owner or occupier and the injured party and the circumstances surrounding the incident.
Courts will evaluate whether the property owner acted negligently and if that negligence directly caused the injury. Factors such as whether the owner knew or should have known about the hazard and failed to remedy it are crucial to determining liability.
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How Does the Property Owner’s Duty of Care Differ for Types of Visitors?
Virginia law defines three categories of visitors to private property: trespassers, licensees, and invitees. Depending on the visitor’s status, property owners have a different legal duty of care.
Trespassers
Trespassers enter or remain on the property without permission. Property owners only owe trespassers a duty to refrain from willful or wanton injury. Negligence leading to accidents will not result in liability.
Licensees
Licensees have the owner’s permission to enter but do not have any business purpose for their visit. This can include social guests. Owners have a legal responsibility to warn licensees of known dangers and refrain from willfully or intentionally causing injury.
Invitees
Invitees, such as customers, enter with permission for a reason that benefits the owner in some way. For invitees, owners must use ordinary care to maintain safe conditions on their premises and warn of known dangers.
Besides the Property Owner, Who Else Could Be Liable for Your Injuries?
Even though the property owner is the primary person who must ensure visitors’ safety, there are other parties you can hold accountable. A Norfolk premises liability lawyer can help you hold the following parties liable:
Commercial Tenants
If the incident occurred on leased commercial property, the landlord and the business renting the space could be responsible.
As the daily occupant, the property owner is often tasked with maintaining and keeping the premises safe through housekeeping. They could face liability claims alongside the landlord if their negligent safety practices or unaddressed hazards lead to injuries.
Contractors
Outside companies that property owners bring in to perform renovations, repairs, or construction are expected to handle their work reasonably. If they create a dangerous condition, such as by failing to put up a warning sign for a wet floor, they can be held accountable.
Contractors must also take appropriate measures to protect others on the premises from any risks during their work. Failures that create hazards that cause harm could make them partially at fault in a liability lawsuit.
Product Manufacturers
Suppose injuries are traced to damaged, defective, or improperly installed equipment, materials, or other products used on or within the premises. In that case, product manufacturers may share part of the blame with the property owner.
For example, if a faulty industrial machine that the owner uses causes an accident, the company that manufactured that machine could be a codefendant.
Manufacturers are responsible for ensuring products are designed, tested, and fabricated with the user’s safety in mind.
Property Managers
If an owner delegates premises upkeep to a property management firm, both parties could be held accountable for an injury. As the caretaker, the property manager fulfills the owner’s responsibility to ensure dangerous conditions are addressed before harm occurs.
Failure to perform routine maintenance tasks like equipment inspections or remedy new hazards promptly could also open a property manager up to litigation.
Local Governments
The local government is tasked with funding and scheduling maintenance of public facilities to prevent unsafe conditions.
If injured parties show that inadequate repairs or unaddressed problems that the property owner failed to remedy led to accidents, the government agency and the owner may be sued as liable defendants.
What is the Time Limit You Have to File a Premises Liability Claim?
In Virginia, you have two years from your accident date to file a premises liability claim. But don’t worry—our Norfolk premises liability attorneys can guide you through the process.
When you’re filing a personal injury claim for your premises liability case, you should know that the deadline for the statute of limitations is not always concrete. You can have a longer or shorter time to file your claim, depending on your case.
A Norfolk premises liability attorney from The Pendleton Law Team can tell you how long you have to file.
What are Common Types of Premises Liability Cases in Norfolk?
Premises liability claims arise when a property owner’s negligence leads to injuries or harm on their property. There are several types of premises liability claims, including:
- Slip-and-fall accidents: These occur when someone slips, trips, or falls due to unsafe conditions such as slippery floors, uneven floors, or poor lighting.
- Negligent security: These claims arise when a property provides inadequate security measures, leading to injuries caused by criminal acts like assault or robbery.
- Dog bites and animal attacks: Property owners can be held liable if their pets attack or injure someone on their premises.
- Swimming pool accidents: These claims can involve drownings or injuries resulting from unsafe pool conditions or inadequate supervision.
- Falling objects: Visitors injured by items falling from shelves, ceilings, or other high areas may file a claim.
- Exposure to hazardous conditions: Injuries due to exposure to toxic substances, mold, or unsafe structural conditions fall under this category.
If you’ve suffered one of these premises liability injuries, a lawyer can help you file a claim and pursue fair compensation.
Contact a Norfolk Premises Liability Attorney Today
Suffering an injury due to someone else’s negligence can lead to debilitating financial hardship. Even worse, the process of filing a personal injury claim can be quite complicated.
Fortunately, you don’t have to navigate this journey alone. A knowledgeable premises liability attorney from The Pendleton Law Team can help you file a premises liability claim and secure the compensation you deserve.
Your recovery matters, and so does pursuing justice. Schedule a free consultation today to begin building a case.
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