You are injured on someone else’s premises and have no idea what to do from here. Meet with a premises liability lawyer serving Blacksburg after you treat your injuries.
Your attorney can walk you through the process of filing a premises liability claim or lawsuit. They can position you to get fair compensation for your injury-related losses.
The Pendleton Law Team has provided legal services and support to thousands of clients. Allow a personal injury lawyer serving Blacksburg from our team to help you with your premises liability case. To find out more, schedule a free case consultation with us.
Why Now Is the Time to File a Blacksburg Premises Liability Claim
If you do nothing after you suffer injuries on someone else’s property, the harm that you suffered could get worse. Ultimately, your injuries could affect you for years. Plus, if you decide to treat these injuries down the line, you may be responsible for all of the costs of doing so.
Talk with a premises liability attorney serving Blacksburg within days of getting hurt at someone’s home or business. Your lawyer can evaluate your case and determine your eligibility for requesting compensation from anyone liable for your injuries. If warranted, they can represent and advocate for you as part of a premises liability claim or lawsuit.
As you weigh the pros and cons of moving forward with a premises liability case, speak with The Pendleton Law Team. We can give you information about what can happen in your case and what it will take to be compensated for your injury-related losses. For more information, request a free case consultation.
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When to Submit a Premises Liability Claim
According to the Code of Virginia § 8.01-243, the statute of limitations for most premises liability claims is two years. Premises liability lawyers serving Blacksburg will advise you to submit your claim promptly. Otherwise, if you wait too long, you could miss your opportunity to get compensation from a liable party or their insurance company.
Your attorney can answer frequently asked questions and any others that you have about the premises liability claims process. Generally, you can file a claim with an at-fault party’s insurance company, which will investigate. Ideally, the business compensates you fairly. However, it’s highly unlikely that this will happen.
Insurance companies will commit substantial time and resources to protect their clients and avoid paying out claims. Thus, an insurer may dispute your premises liability claim or take measures to delay paying you. Fortunately, your attorney will work hard to get you money promptly. Depending on the circumstances of your case, they may encourage you to sue.
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What to Expect in a Premises Liability Lawsuit
Your attorney can give you insights into how personal injury settlements are calculated and the compensation that you may get through a premises liability lawsuit. They will put together an argument designed to show a judge or jury that you suffered harm due to no fault of your own and deserve to be compensated.
Leading up to your trial, your lawyer can collect photos from the scene where you were injured, witness statements, accident reports, and other evidence. Your attorney will also account for the defendant’s body of proof. This will help your lawyer craft an argument that proves negligence.
The defendant may propose a settlement before your case reaches trial. If you accept a settlement offer, you will close your case without having to present it to a judge or jury. Alternatively, if a trial is necessary, your lawyer will argue as to why the defendant should be held liable for your losses.
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Compensation Available to You in a Premises Liability Lawsuit
How much compensation you receive in your premises liability lawsuit will depend on your economic and non-economic damages. Your lawyer can investigate your accident and injuries on another person’s property as part of their efforts to calculate your compensatory damages.
Based on your attorney’s investigation, they may ask for damages for you for various reasons, such as:
- Medical expenses, including the costs of your doctors’ visits, physical therapy, surgeries, and ongoing medical care
- Current and future loss of income
- Diminished earning capacity
- Pain and suffering
- Emotional distress
- Loss of enjoyment of life
Saying you should be awarded these and other damages isn’t enough to get a judge or jury to rule in your favor. Your lawyer will build an argument focused on negligence. If your attorney’s argument hits the mark in court, a judge or jury may be inclined to order the defendant to provide you with damages.
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The Role of Negligence in a Premises Liability Lawsuit
Negligence is a key consideration as your lawyer gets your case ready for trial. Your attorney wants to show a judge or jury that a liable party was negligent and, because of this, caused your injuries.
Below are the elements of negligence that your attorney may highlight in their argument:
- Duty of Care: In your premises liability case, a landlord, business operator, or another party has a legal obligation to keep their property free of hazards.
- Breach of Duty of Care: This party chose not to keep their premises safe and secure, which represents a violation of their duty to you and others who visit their property.
- Causation: The party’s actions contributed to you getting hurt on their premises.
- Damages: You are facing tangible and intangible losses because of this party’s actions.
Per the Code of Virginia § 8.01-58, contributory negligence applies to premises liability cases. With this, if you are found to be partly responsible for the injuries that you suffer on someone else’s property, you may be barred from recovering damages. This is the case even if you’re only 1% responsible for your injuries.
Contact a Premises Liability Lawyer Serving Blacksburg Today
As you search for premises liability lawyers serving Blacksburg, consider what The Pendleton Law Team offers. We give you access to a driven, compassionate, and dedicated legal team.
On top of that, we are here to help you with your premises liability case 24/7. Contact us today to learn more.
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