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If you get hurt on someone else’s property, you may believe you are responsible for the costs of treating your injury. There are instances where a property owner can be held liable for injuries. Consult with a Cumberland premises liability lawyer, who can determine if you have grounds for an insurance claim or lawsuit against a negligent property owner.
Gemma Law has more than 100 years of legal experience on staff. Let a Cumberland personal injury lawyer from our team assist you with your case. Contact us today to get started.
What Premises Liability Means
Premises liability refers to a personal injury claim in which one person gets hurt on another’s property. In a premises liability case, you ask for compensation to cover your losses from a liable property owner. You do so because you are claiming you suffered your injury due to the owner’s negligence.
It is reasonable to expect a property owner to maintain a safe, secure space. Yet, an owner can choose to ignore hazards that could put visitors in danger. If you get hurt as a result of a property hazard, you could hold the owner accountable via a premises liability claim.
The Gemma Law Associates team can provide insights into what premises liability coverage is and how it applies to your case. We can explain if a claim is warranted. Schedule a free case consultation with a Cumberland premises liability attorney from our team.
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How a Cumberland Premises Liability Claim Works
A premises liability lawyer in Cumberland can outline your legal options in detail. They can explain who you can sue in a premises liability claim and how much time you have to do so. If you are ready to submit your claim, your attorney can initiate this process.
You can ask a property owner for compensation for your injury-related losses. When you do, you could receive compensation from this owner’s insurance carrier. There are times when an insurance company disputes a claim and offers a lowball settlement, and it may be best to sue for damages.
Per Rhode Island General Laws § 9-1-14, you may have up to three years from the date you get hurt on another person’s property to seek damages from them. The time frame for submitting a lawsuit may not be extended. As such, it is typically a good idea to discuss your case with a lawyer immediately after you suffer an injury.
Cumberland Premises Liability Lawyer Near Me 401.467.2300
Damages You Can Request in Your Lawsuit
A premises liability attorney in Cumberland wants you to request maximum damages. They will encourage you to pursue damages for your economic and non-economic losses. Reasons why a judge or jury may award damages include:
- Medical bills
- Loss of income
- Pain and suffering
- Loss of enjoyment
What you get in damages may differ from what you originally requested. For example, you submit your lawsuit, and the defendant proposes a settlement. Your lawyer can provide insights into how to respond to the first personal injury settlement you get and, if you approve the offer, can close your case without having to go to trial.
Evidence You Can Use in Your Case
Your body of proof has major ramifications on your case results. Take advantage of the power of discovery, and you can gather a wide range of evidence to support your argument. Proof you can use in your case can include:
- Statements from witnesses who saw you get hurt
- Medical records detailing the severity of your injury and the costs of treating it
- Pay stubs showing your lost wages
- Photos of any property hazards that led to your accident and injury
- Videos from the time of your accident
The defendant in your case and their insurance company will look for proof to use against you. For instance, if you publish photos and videos relating to your injury on social media, the defendant and their insurer could access them. Your lawyer can explain how social media can impact your personal injury case and offer tips to help you avoid legal mistakes.
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Proving Negligence in Your Case
Ultimately, the burden of proof matters in your lawsuit. If you can compel a judge or jury to rule in your favor, you can recover 100% of the damages you are requesting. As part of your efforts, you must prove that the following elements of negligence were present at the time your injury happened:
- A property owner has a duty of care, which is a legal obligation to protect you and others against things that could cause injuries or fatalities.
- The owner violated their legal obligation.
- Since the owner breached their duty of care, you were injured.
- You are dealing with quantifiable or subjective losses relating to your injury.
Your lawyer works diligently to prepare an argument that will resonate with a judge or jury. In the same way, the defendant’s attorney will look for ways to poke holes in your argument. With your lawyer’s guidance, you can get ready for your trial date and make sure you are prepared for any questions you could receive from the defendant’s attorney.
How Comparative Negligence Applies to Your Case
A property owner could claim you are in some way responsible for your accident and injury. They may do so in the hopes they will only have to cover a portion of your losses or none at all. Based on Rhode Island’s pure comparative negligence statute, a judge or jury can find you to be partially liable, which can impact the damages you recover.
According to Rhode Island General Laws § 9-20-4, what you receive in damages in a personal injury lawsuit can be reduced by your percentage of fault. As an example, a judge or jury says you are 10% liable for an injury you suffer on someone else’s property. If this occurs, the defendant in your case may have to pay 90% of your damages.
With comparative negligence, you can still recover damages if you are up to 99% liable for your injury. Your lawyer can answer common questions about personal injury cases, including any you have about comparative negligence. They can help you prove the defendant in your lawsuit is fully liable for your injury.
Partner with a Premises Liability Lawyer Focused on Helping You Get the Compensation You Deserve
Gemma Law Associates employs advocates for justice. Our team can review your case and recommend ways to secure compensation from the at-fault property owner. Request a free case consultation with us.
Call or text 401.467.2300 or complete a Free Case Evaluation form
