If you’ve slipped and fell on a Charlottesville property owner’s floor or were injured in an animal attack on someone else’s property, our premises liability lawyers can help you. We understand after you’ve been injured due to someone else’s negligence, it can feel impossible to get the help you need.
But our Charlottesville personal injury lawyers on The Pendleton Law Team can help you through the legal process of filing a premises liability claim. We’ll review your claim and create a legal strategy that helps us help you.
What Accidents Can Warrant a Premises Liability Case?
Premises liability law covers accidents and injuries that occur due to unsafe, dangerous, or negligent conditions on someone else’s property. Some examples of incidents that may give rise to a premises liability claim include:
- Slip and falls caused by unmarked hazards or improper maintenance
- Injuries involving escalators, elevators, or other machinery operated by the property owner
- Accidents where protective railings, guardrails, or safety systems have failed
- Attacks by dogs or other animals the property owner has
- Exposure to hazardous substances like mold, asbestos, or chemicals improperly stored
- Crimes against persons that could have been prevented with better security measures
- Collision injuries on commercial property involving unsafe facilities or layout
- Children hurt by accessible pools, machinery, or other attractive nuisances
After you’ve been injured, you should get medical attention to make sure you’re aware of all the injuries you’ve suffered.
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How Much Does it Cost to Hire a Premises Liability Attorney in Charlottesville?
When you work with The Pendleton Law Team, you pay nothing until we, The Heavy Hitters®, recover compensation for you. We work on a contingency basis, which means that the only time you’ll pay for our services is when we win a settlement.
If we win your case, we’ll take a percentage of your settlement to cover our costs. The typical fee is 33%, but you and your Charlottesville premises liability attorney can discuss the percentage when you meet.
Since we work on a contingency fee, we’re able to offer a free consultation. In a free consultation, you’ll have the opportunity to ask any questions you have about your premises liability case and get answers.
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What Is the Statute of Limitations for Premises Liability Cases in Virginia?
The statute of limitations is an important legal timeframe that determines how long after an incident you have to file a lawsuit. In Virginia, the statute of limitations for premises liability claims is two years.
This means if you are injured in Charlottesville due to unsafe conditions on another person’s property, you must file your lawsuit within two years of the date of the accident or incident. The clock starts ticking from the moment your injury occurred.
There are some exceptions where the two-year period may be extended, such as if your injury is latent and does not manifest itself until later. However, in general, Virginia law requires you to file your premises liability claim before the two-year statute of limitations expires.
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What Damages Can You Recover After a Premises Liability Accident?
After suffering injuries in a Charlottesville premises liability accident, you have the right to recover compensation for your losses. Our premises liability attorneys can help you recover damages such as:
You can recover damages for all past and future medical costs related to treating your injuries from the accident. This includes bills from emergency response, hospitalization, surgeries, physical therapy, prescriptions, and more. Long-term or lifelong care needs are also recoverable. A premises liability lawyer ensures all related medical expenses are properly documented.
For example, if you suffered multiple broken bones and a head injury in a fall that required a month-long hospital stay, two complicated surgeries, and ongoing rehabilitative therapy, your medical damages could be higher than the average amount.
Compensation for lost income due to the inability to work is recoverable. This involves wages or salary lost during recovery or due to ongoing limitations. Impacts on your career potential or future earning capacity can also be a factor. A strong claim demands thorough documentation of current and anticipated financial losses.
For instance, if you were an electrician who could no longer perform physically demanding job tasks after a premises accident left you with a permanent back injury, you can claim the loss of future wages.
Pain and Suffering
No money can truly eliminate the pain, trauma, or impact on your quality of life from severe injuries. However, damages are available to attempt to compensate for the physical and mental anguish you suffered. This recognizes pain is a real loss deserving of reimbursement, regardless of out-of-pocket costs. A good premises liability lawyer ensures pain and suffering damages match the true impact on their client.
If the premises liability incident also caused damage to personal property like damaged clothing, destroyed electronics, or a totaled vehicle, replacing or repairing these items can be recovered. Replacing or repairing a property is a direct loss from the negligence of another. Working with insurance providers may help maximize reimbursement for property losses.
For instance, if your phone and wallet were destroyed when a store entrance sign collapsed on you during a visit, you can recover compensation for your damaged items.
For incidents showing intentional misconduct or acts of recklessness with disregard for safety, you can recover additional punitive damages. This goes beyond compensation to punish behavior and deter future bad conduct. However, punitive awards can be difficult to obtain and require a lawyer to clearly prove willful or wanton behavior.
For example, if a landlord knew the fire escape was broken but refused to fix it, resulting in injuries to tenants during a fire, you can recover punitive damages.
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Contact Us Today To Start Your Premises Liability Case
The Pendleton Law Team is here to help after you’ve suffered serious injuries as a result of a property owner’s negligence. We can give you a free case evaluation and determine what damages you’re eligible for.
Contact us today for a free case evaluation.
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