Business owners and property managers owe you a duty of care. They’re responsible for keeping their properties safe for use. If they fail to do so, you can be seriously injured due to their negligence.
These cases can involve liability. If another party was responsible for your injuries, you may have grounds for an insurance settlement or lawsuit. Our Hyattsville premises liability lawyer can review your case.
What Exactly Is a Premises Liability Case?
The term premises liability sounds more complicated than it is. Premises liability cases involve someone suffering from an accident on another person’s property.
To win a premises liability case, you must prove that another party’s negligence caused your injuries. These are a few possible examples of property negligence that could be grounds for a premises liability case:
- Unrestrained dangerous animals
- A lack of security at a venue, like a club or bar
- Slippery walkways
- Falling signage
- Poorly maintained roadways
For legal consultation with a premises liability attorney in Hyattsville, call (410)777-8960
Damages in a Premises Liability Case
Damages refer to the types of compensation you can receive in a premises liability case. These damages differ depending on the context of the case; no two premises liability cases are the same.
Some involve serious injuries, like traumatic brain injuries, or paralysis, whereas other premises liability cases are less severe. The severity of your injuries could play a role in the amount of compensation you can pursue.
The damages typically involved in a premises liability case include the following:
- Medical expenses: This valuation will likely hinge on the severity of your injuries. It can include surgery, rehab, and medication, among other medical expenses.
- Pain and suffering: This category is less straightforward. It aims to compensate you for the emotional suffering that you experienced after your premises liability accident.
- Reduction in earning capacity: Premises liability injuries can prevent you from participating in the workforce. If your injuries prevent you from working, you could receive additional compensation.
- Property damages: These damages will compensate you for damaged property in the event of an accident.
There are two types of damages in a premises liability case, economic, and non-economic.
Economic damages are straightforward. They cover direct expenses related to your accident. Most of the previously listed damages are considered economic damages.
Non-economic damages are less tangible. Their purpose is to cover your emotional losses.
How Are Premises Liability Settlements Paid Out?
As the victim, it’s often up to you to decide how you receive your premises liability settlement. You’ll usually have two options, a lump-sum, or a structured payment:
- Structured settlements: This type of settlement is paid out over time, either on a monthly or annual basis. While you’ll receive less money upfront this way, structured settlements typically yield more compensation overall.
- Lump-sum: These settlements are paid upfront, which allows you to access your settlement money immediately. The drawback is that you’ll usually receive less compensation overall if you choose a lump sum.
Making the decision to choose a structured settlement or a lump sum can be difficult. Premises liability lawyers help their clients choose. What’s best for one client may not be a good option for another client.
Hyattsville Premises Liability Attorney (410)777-8960
What Is Contributory Negligence, and How Does It Apply to a Premises Liability Case?
Negligence takes one of two forms, depending on the state. Most states use either comparative negligence or contributory negligence in personal injury cases:
- Comparative negligence: This form of negligence allows for both parties’ percentage of fault to be considered when assigning a settlement value. For example, if you were 30% responsible for an accident, you’d typically receive 70% of your potential settlement value.
- Contributory negligence: Contributory negligence usually bars claimants from receiving a settlement if they were at all responsible for the premises liability accident.
Maryland is one of four states that uses contributory negligence. This means that to win a case, you must prove that you had no responsibility for your premises liability accident. This can necessitate a high burden of proof.
To invalidate your case, a property owner could argue that you were partially responsible because you were:
- Behaving in an unsafe manner
- Trespassing on private property
- Taunting unrestrained animals
Click to contact our Hyattsville Personal Injury Attorneys today
Why Should I Hire a Premises Liability Lawyer?
Hiring a Hyattsville premises liability lawyer isn’t required in Maryland. You can legally pursue a premises liability case without representation. If you do, you’ll be considered a “pro se” litigant.
However, our firm advises against pursuing a legal case on your own for these reasons:
- Contributory negligence can punish pro se litigants if they fail to properly argue their case
- Managing a legal case is a lot of work, and often time requires specialized knowledge
- You deserve a chance at uninterrupted recovery, spending hours stressing over the status of your case can eat into precious healing time
The Benefits of Working With Adam M. Smallow
Adam M. Smallow, our lead premises liability lawyer, has over 10 years of legal experience. He’s supported clients through numerous kinds of personal injury cases, and is a proud member of the following groups and associations:
- Maryland Bar
- District of Columbia Bar
- Pennsylvania Bar
- Maryland Association for Justice
Mr. Smallow cares about his clients, and he’ll do everything in his power to win your case. If you hire him, he can:
- Negotiate with insurers
- Work to assign liability
- Identify unfair or low settlement offers
- Pursue a lawsuit, if needed
- Act as your representative and communicate with any parties involved in the case
- Fight aggressively for a positive case outcome
Our previous clients’ reviews testify to Mr. Smallow’s compassionate and professional legal approach. Read about their experiences with him:
- “He is a great attorney and kept me abreast of what was going on with my case.” – Connie H.
- “I was very satisfied with working with Adam he’s the best” – Wateshia B.
- “I would highly recommend Adam Smallow for his expertise and persistent commitment to his clients.” – Sean M.
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Don’t Wait To Act On Your Premises Liability Case
Lawsuits, which can be a way to boost the amount of compensation you receive, have a deadline in Maryland. You must file your premises liability lawsuit within three years of your injuries, per Maryland’s statute of limitations guideline.
Don’t wait to get started on your case. If insurance negotiations drag on, and you realize too late that you aren’t going to receive an adequate settlement, you could be left without options.
Hire Our Premises Liability Lawyer
The Law Offices of Adam M. Smallow are ready to support the residents of Hyattsville, Maryland. When you join us as a client, you’ll receive a 24/7 text number unique to you. This allows you to get prompt answers to all your questions.
We’re one call away and offer free case evaluations.
Call or text (410)777-8960 or complete a Free Case Evaluation form