Have you or a loved one been injured on someone else’s property? Did a business’ negligence lead to hospital bills and missed work? Then you may qualify for a Premises Liability Case. Premises liability is a branch of Personal Injury Law that deals explicitly with injuries caused by someone’s recklessness and negligence when you are away from home.
It sounds simple, but nothing in the legal system truly is. With varying state rules, court protocols, documentation requirements, and terms like ‘duty of care’ and ‘burden of proof, a personal injury claim can lead to a tangled web of things needing to be said and done. If you’re taking on a corporation in Chicago, you need help from a local lawyer.
Types of Premises Liability Cases
Premises Liability covers anything from slips and falls to amusement park accidents. But you must prove that a business or landowner was at fault. The evidence for this can be things like lack of proper signage, not treating a known issue, not corraling an animal known for stranger aggression, and more.
One of the most famous premises liability cases is the older woman whose fast food coffee spilled in her lap, causing third-degree burns and costing her thousands of dollars. The restaurant was proven liable in court because they heated their coffee beyond recommended safe temperatures and had been warned several times.
Other well-known cases are slips and falls in public spaces. Unfortunately, these are relatively well known because many scammers try to stage a severe fall in public to sue a company. This is why the burden of proof exists. A business is not liable for your injury if you caused it.
If someone is texting while driving through a parking lot and they hit a light pole, it isn’t the business’s fault for having the light. But suppose someone is served food beyond the legal and safe temperature and consequently suffers severe burns requiring skin grafts. In that case, the business owes them compensation for damages— not to mention pain and suffering.
It is important to note that premises liability is not limited to businesses. Homeowners also owe a certain amount of safety to their visitors. A lawyer can help you determine if an injury caused on a homeowner’s property qualifies for a settlement.
What to Do After An Injury
While it’s reasonable to worry about costs and liability when you are injured, you first must seek medical care. You don’t want an injury to get worse by neglecting it, and if you do end up in court, you want to be able to prove taking immediate steps. Otherwise, the defendant may try and argue a smaller settlement because your negligence made the injury worse.
The next thing is to contact your insurance and file a claim. The adjuster will have many questions for you; keep your answers simple, and pay attention to what you say.
The next step is a twofer. You want to start collecting evidence and documentation, and you want to contact a personal injury lawyer. Documentation can be anything from photos of the injury and where it happened to hospital bills, etc. Once you retain a lawyer, they will help ensure you’ve got everything you need. Starting yourself saves time and money.
Once you have retained a lawyer, they will advise you on any further steps that may be necessary. Any calls that come to you regarding the case should be directed to your lawyer. You will need to put the law firm in touch with the business where your injury happened so they can connect with the opposing attorneys and start procedures for your claim.
Calculating Damages
Few people want to deal with a legal case, but there are times when you don’t have a choice. Healthcare costs in the US can be extreme. You also have to worry about any missed work and upcoming bills. Don’t let yourself sink into a mire of debt because someone else was in the wrong! Instead, start gathering evidence and find a lawyer.
Many personal injury cases end in settlement, but the chance remains you will have to go to court. In both instances, you want a lawyer on your side to ensure you get proper compensation.
A personal injury lawyer will help you calculate the costs of your injury. This number is used as a baseline for your settlement. Then you will work up damages and estimate an amount for pain and suffering. You cannot put a price tag on your health and pain, but you can punish the responsible party, ensure no one else becomes a victim, and be paid for your troubles. A local lawyer can help you calculate a reasonable amount that will be taken seriously during negotiations.
Finding a Premises Liability Lawyer in Chicago
Finding personal injury lawyers in Chicago is pretty straightforward— choosing the right one for your case can be difficult. Your personal injury lawyer should have experience with premises liability cases and a track record of successful settlements. The first thing you should look for on their website is testimonials and a victory record. Next, read through their certifications and see if they have been chosen for any awards or community recognitions. Awards prove they excel in the field, and community recognitions show they care about the people around them.
Finally, set up consultations with more than one office. Go to each and have a sit down with a representative. You should go in person so you can get a feel for the people you will be working with and the environment they work in. if anything makes you uncomfortable, don’t go back. Consultations do not obligate you to retain that firm’s lawyer. Take your time and choose the lawyer who is best for you.
You can also use a service like NOLO, HG, or Justia and be connected to a partnered local lawyer. Partnership with these organizations shows the lawyers meet their standard of criteria.