If you have been injured due to hazardous conditions on someone else’s property, you could file a claim for compensation against the negligent party. Dealing with the aftermath of an accident can be overwhelming, but you don’t have to face it alone. A premises liability lawyer serving Portsmouth, VA, can provide invaluable guidance throughout the financial recovery process.
The Pendleton Law Team is dedicated to helping injury victims reclaim their lives. We have big firm resources and small firm services. Our Portsmouth personal injury lawyers offer personalized legal assistance to each client. Call us today for a free initial consultation.
Premises Liability Laws in Virginia
In Virginia, property owners have a duty to exercise reasonable care in preventing foreseeable harm to individuals entering their premises. This responsibility applies to both residential and commercial properties. If a property owner fails to address hazardous conditions or provide adequate warnings, they may be held liable for injuries that occur as a result.
The property owner must have had notice or should have reasonably known about the problems to be held liable. This can involve proving that they had prior knowledge of the dangerous condition or that it existed for a sufficient amount of time that they should have been aware of it.
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Common Types of Premises Liability Cases
The Pendleton Law Team has handled a wide range of premises liability claims. With our extensive experience and knowledge navigating Virginia’s legal landscape, we understand the nuances of proving liability in various circumstances.
Premises liability cases can arise from a wide range of hazardous conditions or negligent actions, such as:
- Slip and falls
- Dog bites and attacks
- Swimming pool accidents
- Being hit by falling objects
- Exposure to harmful substances
Each case is unique, and the specific circumstances and laws governing your claim will determine the appropriate legal approach. A premises liability lawyer can help you understand your rights and pursue legal action.
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Proving Negligence in Your Injury Claim
Negligence refers to the failure of a property owner to meet their duty of care toward visitors or guests on their premises. An attorney serving Portsmouth, VA, will investigate the circumstances of the incident that caused your injury to determine if negligence was involved.
To prove negligence, you must demonstrate four key elements:
- Duty of care: The property owner owed you a duty of care. This duty varies based on your status (invitee, licensee, or trespasser), requiring different levels of care.
- Breach of duty: The defendant breached their duty of care by failing to maintain a safe environment. This could involve inadequate maintenance, lack of warnings, or other negligent actions.
- Causation: There is a direct link between the property owner’s breach of duty and the injuries sustained. It’s crucial to demonstrate that negligence was a substantial factor in causing the accident.
- Damages: You suffered actual harm or damages as a result of the accident. This may include medical bills, lost wages, pain and suffering, and other relevant losses.
Our premises liability lawyers have in-depth knowledge of the applicable laws and regulations. They understand the elements required to prove negligence and can apply legal principles to strengthen your case. Your attorney can identify any potential violations of safety codes, building regulations, or industry standards to prove negligence.
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Potential Damages for Injured Victims
Even a seemingly minor slip and fall can lead to severe injuries (such as spinal cord trauma) that can have life-altering consequences. In addition to the physical pain and emotional distress, these injuries often require extensive medical treatment.
The financial impact can be significant, with medical expenses piling up and the potential loss of income due to disability or the need to take time off work for recovery. This can quickly drain your family’s savings and put a strain on your financial stability. Seeking legal representation can help you pursue compensation for your financial losses.
You could receive different types of damages in a premises liability case, including:
- Medical bills
- The cost of future medical care
- Lost earnings
- Loss of earning ability
- Pain and mental anguish
Our legal team has experience handling a spectrum of premises liability claims and understands the intricacies of calculating damages specific to each case. We evaluate the short and long-term consequences of injuries so we can file a comprehensive claim that accounts for all your expenses.
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A Premises Liability Attorney Will Represent Your Interests Before Insurance Companies
While insurance companies may present themselves as compassionate, their primary goal is to protect their own financial interests. Adjusters are trained to minimize the settlement amount and find ways to deny or undervalue claims. They may use various tactics, such as downplaying the severity of your injuries or questioning your liability.
To level the playing field and protect your rights, seek legal representation. Damon Pendleton has five years of experience working with a big insurance company, so he can provide valuable insights into strategies used by insurance companies.
Virginia’s Time Limit for Filing Personal Injury Lawsuits
The statute of limitations sets a deadline for initiating a lawsuit. In most personal injury cases, including those related to premises liability, the statute of limitations in Virginia is two years from the date of the accident.
If you fail to file your lawsuit within this period, you may lose your right to seek compensation through the court system. Consult a personal injury lawyer in Virginia to understand the specific deadlines and ensure compliance with the statutory requirements.
Contact Our Portsmouth Premises Liability Lawyers Today
If you have been injured in a premises liability incident in Portsmouth, seek legal assistance as soon as possible. Our legal team is here to help you navigate the legal process and fight for your rights. The Pendleton Law Team understands the complexities of premises liability cases and will invest all our resources into the successful resolution of your case.
Our Portsmouth premises liability attorneys will work to hold the responsible parties accountable and seek maximum compensation. Don’t delay; contact us today to explore your legal options.
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