The Value of a Premises Liability Case
Property owners that hold their properties open to the public have a responsibility to keep their property safe. If they fail to so and someone is injured, they can be held responsible for the person's injuries. Common examples of this would be a department store where a person falls, a tenant who falls on a loose stair, or a person that trips in a coffee shop. While these types of accidents happen daily, some are more serious in nature and the person comes away with very serious injuries. Speak with a New York City premises liability lawyer for guidance and learn more about what a premises liability case is worth.
A property owner is responsible for a person's injury when they fail to maintain safe conditions on their property, or if they fail to warn you of a dangerous condition. Icy front steps, wet floors, and uneven pavement are examples of dangerous conditions that should be addressed by a property owner. The key here is if the danger was known, or should have been known.
Generally, property owners have a duty to ensure that their premises are safe, although the laws can vary between states. There are levels of care that a property owner must follow. This is determined by how the visitor is characterized. In most instances, the person is considered an invitee (they were welcomed onto the property). If a person comes onto the property for their own purposes, they are a licensee. If they are uninvited and unwelcomed, they are a trespasser.
It is important to note that not every mishap on someone's property will qualify as a premises liability case. To have a cause of action you must be able to show:
- You were legally on the property, or if you were trespassing, the owner knew.
- The owner was negligent for neglecting an unsafe condition. He must have known, or should have known, about the condition and failed to fix it, or warn of the danger.
- The owner's negligence caused your injury.
If you or a loved one has been injured on another's property, it is important to speak with a New York City premises liability lawyer to ensure that your rights are protected. Stephen Bilkis and Associates has handled countless personal injury cases. Our success speaks for itself. We have jury awards and settlements that have been some of the highest of their time, from sixty-nine million ($69,000,000) to twelve million ($12,000,000). Come and speak to our legal team for advice and a free consultation.The Value of a Premises Liability Case
Insurance: The insurance company involved has an impact on your case, as does the policy limits. Every insurance company has their own way of valuing injuries and processing claims. Also, the policy limits are very important. If will be difficult to obtain a recovery that is higher than the policy limit.
The Amount of Your Medical Expenses: To have a personal injury claim, you must have damages. Part of these damages are your medical expenses. If you have been injured and have a broken bone, spinal injury or head injury for instance, you probably have substantial medical bills. You have a right to be compensated for these medical expenses that arose out of your injury.
The Amount of Lost Wages: If you have been hurt, you probably have missed work. You have the right to be compensated for your lost income. This applies whether you have missed a few weeks, a few months, or longer. If you have become permanently disabled, you are able to collect the amount that you would have made had the injury not occurred.
Pain and Suffering: The law says that you can collect compensation for the pain and suffering your injury has caused. You may have months of healing ahead, are in physical emotional pain and unable to work. The court will place a value on this, based on the circumstances of your case. Your pain and suffering is subjective, and it is important to work with a premises liability lawyer familiar with the laws of New York City to ensure you receive proper compensation.
These things all come into play when valuing a case. Here are few similar personal injury awards to consider:
- $1,500,000 Jury Verdict: Plaintiff fell in stairwell of apartment building.
- $2,000,000 Jury Verdict: Passenger fell on airport bathroom floor.
- $1,700,000 Jury Verdict: Woman falls over stepladder at Target.
The legal team at Stephen Bilkis and Associates understands the frustration you feel at being the victim of an accident caused by the negligence of another. You likely have a lot of questions, and wonder about the value of a premises liability case. Come in and speak with a premises liability lawyer in one of our New York City locations. We have offices located in Manhattan, the Bronx, Brooklyn, Queens, and Staten Island, as well as Nassau County, Suffolk County and Westchester County. Call us today at 800.696.9529.