When you go to court for a premises liability case, you must prove the property owner or manager was negligent and that their negligence caused your injuries and other related damages. Your evidence of their negligence should demonstrate in the following four components:
- Duty of care. The property owner had a duty of care to ensure that their visitors were safe on the property.
- Breach of duty of care. The property owner breached this duty by failing to address an issue that could harm the occupants (e.g., not cleaning up a spill, poor lighting, inadequate security, etc.).
- Causation. Their failure to solve said issue on the property resulted in your injuries.
- Damages. You now have consequential damages from your injuries, like medical bills, lost income, and pain and suffering.
The task of proving these elements in front of a judge may seem daunting. However, a premises liability lawyer can help you gather evidence of liability and present it in court for you.
The Type of Visitor to a Property Can Affect the Legal Process
In a premises liability case, what kind of visitor you were on the property can impact a court’s determination of liability. The three types of visitors on a property are:
- Licensee: anyone who is lawfully allowed on the property via implication (e.g., someone using a public park).
- Invitee: anyone who comes to the property for financial reasons (e.g., customers at a restaurant).
- Trespasser: anyone who illegally goes onto the property without the property owner or manager’s permission.
It may be difficult for trespassers to get compensation since the property owners did not want them on the land. However, licensees and invitees may have more of a foundation to pursue compensation because the property owner knew about their presence and was expected to provide them with a protected environment.
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Injuries and Losses in a Premises Liability Case
It is important for you to seek medical help as soon as you can after your accident, as your medical records may be a central form of evidence that you use in court to argue your case.
Damages Related to Your Injuries
Your injuries may result in multiple types of damages. One of the most common damage types is medical bills. Medical bills can include the costs of check-ups, physical therapy, medicines, and medical equipment.
You might have had to take time off work to heal from your injuries and attend doctor’s appointments. You might also be forced to take a lower-paying job or not even work at all. These employment-related losses may also be entered into your case as a damage type.
Your injuries may also leave you feeling depressed and anxious. Fortunately, non-economic damages like pain and suffering may be included in your case.
You may want to consider consulting a lawyer to learn about the other types of damages you can pursue after your accident.
Filing Your Lawsuit Before the Deadline
If the negligent party’s insurance company did not offer you a fair settlement, the next step in the legal process would be going to court. To go to court, you must submit your lawsuit in compliance with the state’s statute of limitations. According to Louisiana Civil Code (CC) §3492, you typically have one year to file a personal injury lawsuit in Louisiana.
It is absolutely vital that you submit your lawsuit on time. Otherwise, the court might bar you from receiving any type of awards.
Laborde Earles Injury Lawyers Can Represent You in and Out of Court
At Laborde Earles Injury Lawyers, it is our top priority to help our clients pursue fair compensation for their damages. While you or your loved one recovers from the accident, we can:
- Communicate with the other party’s insurance company
- Submit all necessary paperwork by the corresponding court dates and deadlines
- Investigate the accident via reviewing photos, medical records, and video surveillance
- Represent you in and out of court
When you work with Laborde Earles Injury Lawyers, you will not have to worry much about what happens when you go to court for a premises liability case because our lawyers will take care of it for you.