How to Win Your Premise Liability Case
Everything You Need to Know to Win Your Premise Liability Case
If you have been injured on another individual’s property, you may be entitled to receive compensation to pay for your medical and financial expenses. However, it may be difficult to show proof of fault in a premises liability case. This is why it is important to gather as much information as possible to have the best opportunity of winning your case.
In order to present a convincing and well-constructed premises liability claim, you will need legal assistance. At West Coast Trial Lawyers, our experienced premises liability attorneys will review your case to determine what essential pieces of information should be included to strengthen your claim. We will also negotiate with insurance companies to ensure you get a fair settlement offer.
Gathering Evidence for a Premises Liability Case
Essential factors to include when gathering evidence are:
- Duty of care. You must show proof that the defendant had the responsibility to make sure that their property was in a safe condition. The defendant would have to make inspections and check to see if there are any foreseeable risks or hazards that need to be fixed. Basically, they must take any action needed to reduce any potential harm that may be inflicted onto individuals utilizing their property. You may document this duty of care by making a copy of the lease (for a home or apartment) or a contract (for employment) that identifies the defendant as the responsible party.
- Breach of duty. After you are able to identify that the defendant had a duty of care, the next step is to prove that they failed at doing their part in maintaining a safe environment due to negligence or lack of care. Negligent acts include not only being aware or needing to be aware of foreseeable acts possibly leading to an injury, but not doing anything to prevent them from occurring. Lack of care would include leaving objects around that may result in an injury for another individual who is walking in that area.
- Breach of duty results in an injury. Once both factors have been proven, the final step is to show proof that the breach of duty caused your injury. You must show proof to the judge that the defendant's negligent behavior or lack of care resulted in you getting injured because of it. To do this, you must have witnesses or physical evidence. Witnesses would be the individuals who witnessed your injury, while physical evidence could be having a physician provide medical documents on your recovery process from the injury you suffered.
Types of Evidence to Use
- Pictures or footage. Take pictures of the area where you got injured as soon as the accident happens. This way you can accurately record what exactly was going on around you when it happened. Make sure to include pictures of your injury and what caused it. You may take pictures or record the incident. As long as you have visual proof, that is all that matters.
- Accident report. This primarily applies to individuals that made a report to the property owner or the city. Make sure to get a copy of that report. If you spoke to the property owner without getting written documentation, make your own and record what happened during the conversation. Include the property owner’s name and their position.
- Insurance policies. Get a copy of the property owner’s insurance policy that indicates how the policy will cover your injuries.
- Medical records and expenses. It is highly recommended to use medical records and expenses as proof of your injury. Additionally, getting testimonials from your physician would be ideal as well. This will show a substantial amount of proof in regards to how severe your injury was. With medical bills, it will give the court an idea on how much they will compensate you during your recovery process.
- Witnesses. Get names and contact information from any individual that witnessed your injury. Also, you may include friends or family members to make statements about how they have witnessed your life negatively changing after the incident.
- Property records. This will indicate that the defendant was the owner of the property in which you got injured.
Contact Us to Find Out How We Can Help
If you have sustained injuries as a result of a premises liability incident, our expert team of personal injury attorneys at West Coast Trial Lawyers will help you get the compensation you deserve for the losses you have suffered, including medical bills, property damage, lost wages, and pain and suffering.
They know what they're doing, very well. Not only did I not make a single phone call from the day I hired them, but I also received calls from their case managers and paralegals who want to make sure my treatment was going well. They whole team took care of me. Thank you WCTL for taking full responsibility of my case and getting me an amazing settlement.
I can say with confidence that this team is the best in the business. . . . Dean took the time to really listen and hear me out. He assured me that he was going to move mountains because he believed in me, and he ended up doing just that. I’ve never met a more focused and passionate attorney in my life. If you’re looking for a firm that treats its clients with the utmost respect and care, calling WCTL is a no-brainer. I wouldn't think twice about working with them again in the future.