When you get injured on someone else’s property due to a condition or circumstances that could – and should – have been prevented, you may be entitled to financial compensation for your medical expenses and other losses under California law. In order to recover this compensation, you must hire an attorney to file a premises liability claim on your behalf.
Your premises liability lawyer will explore all of your options for recovery, including pursuing compensation through a claim with the owner or occupant’s insurance company. If you have been injured on an unsafe property, it is important to consider the following questions:
Do You Have a Premises Liability Claim in Bakersfield, CA?
In order to determine your options for recovering compensation, you will need to hire an attorney to investigate the accident. Recovering damages requires proof of the specific cause of your injuries, and your attorney will need to examine the available evidence in order to assess the viability of filing a premises liability claim.
Some of the most common types of issues that lead to premises-related accidents include:
- Cracked sidewalks and parking lots
- Inadequate lighting
- Inadequate security
- Malfunctioning elevators, escalators, and automatic doors
- Poorly maintained premises
- Slippery floors and exterior walking surfaces
- Unmarked curbs and curb cuts
- Unsafe playground equipment
- Unsafe product displays or storage
- Unsafe swimming pools
- Unrestrained or poorly secured dogs
If you were injured in a slip, trip, fall, or any other accident involving these and other unsafe conditions on the property, you may have a premises liability claim. You should consult with a premises liability lawyer promptly to begin building your case.
How Do Premises Liability Claims Work?
As we mentioned above, most premises liability claims are covered by insurance. Depending on where your accident occurred, compensation may be paid through the at-fault party’s commercial general liability (CGL), umbrella liability, homeowners, or renters insurance policy.
In order to initiate your claim, your attorney will contact the insurance carrier for the property owner or tenant on your behalf. Your attorney will present your claim to the insurance company, including your demand for compensation.
If the insurance company accepts liability, then your attorney will work to negotiate a favorable settlement on your behalf. If the insurance company denies liability, then there will be more work to be done; it may ultimately be necessary to take your case to court in order to recover the compensation you deserve.
In any case, in addition to proving liability, your attorney will also need to be able to prove the costs of your injuries. This includes both the financial costs (i.e., medical expenses and lost wages) and the non-financial costs (i.e., pain and suffering, emotional trauma, etc.) that you have suffered to date and that you will suffer in the future.
Proving your losses requires an in-depth understanding of the extent and effects of your injuries. To calculate the damages in your case, your premises liability lawyer will work closely with your doctors and hire additional experts to determine how much you are entitled to recover.
What Should You Do If You Think You May Have a Premises Liability Claim?
In order to protect your legal rights, there are two critical steps that you should take as soon as possible after being injured on a dangerous property:
First, you should seek medical treatment for your injuries. In order to pursue a premises liability claim, you need to have proof that you suffered your injuries in the accident. Your medical records will be key evidence in this regard. Of course, you need to prioritize your health as well, and obtaining a diagnosis and treatment plan is the first step on the road to recovery.
Second, you should contact a premises liability lawyer. In order to pursue your claim, you will need to hire an attorney to conduct an investigation and calculate your losses. The sooner you get started, the better the chances will be that key evidence is still available, and the sooner you will be able to recover the financial compensation you deserve.
Contact a Premises Liability Lawyer Today
Premises liability claims can be complicated. Insurance companies frequently try to argue that injury victims are at least partly responsible for their injuries through clumsiness, and dangerous conditions may be remedied or repaired shortly after the accident.
If you suffered injury on a dangerous property, it is in your best interest to contact an experienced lawyer as soon as possible. Attorney Mickey Fine has been serving clients in premises liability claims for over 30 years. Our team can thoroughly investigate the circumstances of your injury and pursue the full compensation you deserve.
For a free consultation, please call The Law Offices of Mickey Fine at (661) 333-3333 today. Our premises liability lawyer serves clients in Bakersfield, and other areas of California.