Whether they occur at a retail store, private residence, or even a public park, injuries on another party's property can provide grounds for litigation. However, numerous conditions and regulations apply to these sorts of civil claims.
If you want to recover damages, seeking help from an Atlanta premises liability lawyer may benefit your situation. An Atlanta premises liability attorneys from Atlanta Personal Injury Law Group could help you understand how state law addresses property liability. We work tirelessly to pursue compensation for every injury and loss our clients incur. En Español.
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The Benefits of Hiring an Injury Lawyer for Your Case
When juggling doctors’ appointments and trying to recover, you don’t need to deal with legal matters. Instead, let our team handle your case’s tasks for you. This way, you can rest easy knowing you have support and legal experience on your side.
Here are some benefits of hiring our lawyers:
We Investigate Your Accident’s Details
Your injury case may seem straightforward. For example, maybe a business owner didn’t fix a loose floorboard, and you fell and broke your hip. They should pay for your damages—but they likely will only offer a settlement based on your case’s evidence.
Every case requires solid evidence. Our attorneys thoroughly prepare this part of your case. We know that the other party will do everything to reduce your financial recovery without sufficient evidence.
We gather evidence from:
- Your medical records
- Statements from your doctors
- Expert witness testimony
- Surveillance camera footage
- Records of past violations by a company or individual
- Photos and videos of the accident scene
- Eyewitness testimony
We Assess Any Viable Settlement Offers
The other party could contact you soon after the accident and offer a settlement. We can explain whether you should accept or seek a better offer. Often, insurers’ initial offers are below the true value of claimants’ expenses and suffering.
We can determine a goal settlement amount that encompasses your damages when you hire our premises liability team. Then, we can present your case to the liable party.
We Manage the Claim and Lawsuit
Our attorneys develop a legal strategy based on your case’s unique needs. For example, we may negotiate an out-of-court settlement or file a lawsuit to seek the best possible financial recovery.
However, your case may not proceed to trial even if we file a lawsuit. In many cases, the liable party will make a settlement offer to avoid expending resources during litigation. After all, a court trial can prove time-consuming for all parties involved.
While your case unfolds, we can keep you updated on any offers or important changes. However, you can leave the fight for financial recovery to us.
What Does It Take to Prove Liability in Atlanta?
Earlier, we mentioned that strong evidence is crucial in injury cases. The same holds in premises liability cases.
To show that a property owner bears liability for your injuries and damages, we need evidence that:
- The property owner had a duty of care to you (e.g., you were a legal visitor on the property).
- The property owner breached their duty of care (e.g., the property owner knew or should have known of a hazard on their property).
- You suffered harm as a result.
- You suffered damages (that is, financial and/or non-financial losses from your injuries).
Consider This Scenario To Understand Liability
Let’s translate this legalese through a scenario.
Property owners generally need to ensure that their premises is safe and free of hazards. So, let's say you checked into a hotel and walked through the lobby. If you tripped on a hazard that the owner should have known about (yet did not warn you or remove it), they likely breached their duty of care.
Yet, getting hurt does not automatically yield compensation. We still need to show evidence that you suffered harm that day on that loose carpet—and not in some other way. Relevant evidence could include your medical records or doctors’ statements.
Finally, we need to show that you had to pay for medical treatment, missed work, or had other losses resulting from the injury.
How the Liable Party Can Challenge Your Case?
You might wonder, “How can the other party deny my case?” The property owner may claim that:
- You fell because of your own negligence.
- Your injuries pre-existed the fall (e.g., you had a pre-existing health condition).
- You suffered harm in an area off-limits to visitors, such as an employee-only area.
- Your injuries aren’t as serious as you claim.
If this sounds frustrating, don’t worry; we can help. Our attorneys know how to pursue results for fall victims. We have experience countering unfair arguments that premises owners use to deny liability. We can stand up for you during tough conversations, so you can focus on healing and rebuilding your life.
Different Duties of Care for Different Visitors
Proving the other party’s breach of duty is a central concept in personal injury law. In premises liability cases, the property owner’s duty of care to a visitor depends on why the visitor is on the premises.
Let’s explore some of these differences in more detail.
Property owners in Atlanta owe the highest duty of care to visitors classified as invitees, including retail shoppers and other individuals entering the property for the property owner’s benefit. According to Georgia law, property owners must use ordinary care to ensure their premises are safe for invitees.
Conversely, Georgia law establishes a much looser duty of care for licensees, to whom property owners must only avoid causing willful or wanton injury. As this statute defines, licensees are legally present on the property. They do so for their own purposes and have no contractual relationship with the property's owner.
Property owners must also refrain from intentionally harming trespassers and otherwise owe them no duty of care.
A qualified Atlanta property liability attorney can identify what these classifications could mean for your injury case.
Recovering Compensation in an Atlanta Property Liability Case
Suppose an injury victim can successfully prove liability on the part of a property owner. That individual could seek compensation for their:
Recoverable economic damages typically center around past and future medical bills and any loss of income stemming from a severe physical injury.
Compensable medical expenses include:
- Emergency room visits
- Ambulance services
- Physical therapy
When it comes to lost earnings, you could get compensation for your missed paychecks and other types of missed earning opportunities. If you can’t return to your former job or means of earning income, you could get compensation for the difference between your past and future expected earnings.
Other economic damages could apply. For example, if you used taxi services to get around because you couldn’t drive, these costs could add to your settlement or award.
In contrast, non-economic damages don't have a clear dollar value. They may cover loss of enjoyment of life, physical pain and suffering, and any effects related to permanent disfigurement or disability.
Our attorneys can explain other damages you could recover in this category.
The Statute of Limitations Restricts Your Time to File a Lawsuit
Like all personal injury cases, premises liability cases have a two-year filing deadline, per Georgia law. If a potential plaintiff in Atlanta—or the premises liability lawyer representing them—does not file suit within this period, they cannot receive compensation for their losses.
Areas in Atlanta Where You Could Face Slip and Fall Injuries
Premises liability refers to injury cases that happened on another person’s property. Cases range from accidental falls to animal attacks.
In Atlanta, numerous locations could leave you vulnerable to injuries, including:
- Grocery stores
- Shopping centers
- Apartment buildings
- Hazardous walkways
- Parking lots
- Dog parks
Rapid Development in Atlanta Doesn’t Mean You Should Face Harm
Atlanta and the state of Georgia are growing, and economic investment in the city continues with that growth.
As Invest Atlanta notes:
- Atlanta is home to one of the nation’s busiest airports.
- Atlanta is among the ten largest metro areas in the country.
- The city added more than 40,000 jobs in one year (between 2021 and 2022).
- Outside investment in Atlanta grew by 27 percent in one year (between 2021 and 2022).
Atlanta’s growth shows in its population data, road congestion, increased use of facilities, and development projects. Our city is growing, but increased construction could cause serious harm.
For instance, if construction crews left debris and dangerous equipment behind in a shopping center and you fell, you could have a premises liability case. Similarly, if you live in an apartment building and a landlord left unfinished flooring exposed in a hallway, you could have an injury case after a fall.
As a major city, people in Atlanta may face dangers in dozens or hundreds of locations. However, our attorneys can help. We have deep roots in this city—and we know how to build a strong case for your compensation. We know how to seek evidence using local sources, showing how your accident happened and who bears responsibility.
Frequently Asked Questions in Premises Liability Cases
Our attorneys have experience with premises liability cases in Atlanta. We can answer your questions, so you have peace of mind regarding your legal options and next steps.
Do I Have a Valid Injury?
A slip and fall accident can lead to serious injuries, including traumatic brain injuries. In fact, the Centers for Disease Control and Prevention (CDC) says that traumatic brain injuries and hip injuries are common after fall accidents.
For a premises liability case, a valid injury could include any bodily harm that leads to damages. If you had to get emergency room treatment, missed days at work, or incurred other losses, you have damages.
Our law firm can review your case to ensure you understand your legal options.
Who Could I Hold Liable for My Slip and Fall Accident?
A premises owner could bear liability for your slip and fall accident. This could include the building owner of a retail store, restaurant, hotel, or another location.
However, even homeowners could face liability if your accident happened on private property. For instance, let’s say you fell in a large sidewalk hole that a property owner failed to repair, and you broke your kneecap. The homeowner could bear liability since they knew of the hazard but failed to act appropriately. The homeowners’ insurance policy could cover your damages, or you could file a lawsuit.
Our lawyers know how to determine responsibility in your situation. We can explain more after investigating your case.
Can I File a Lawsuit After My Loved One’s Passing?
Yes, family members can bring a wrongful death case after losing a loved one to a fatal accident. Whether you lost your loved one to a fall or a dog attack, our compassionate attorneys can help.
We help families recover damages for losses such as funeral and burial costs, medical expenses required by your loved one, and intangible losses. Let us take on these burdens while you focus on being with your family.
How Long Will My Case Take?
Some premises liability cases get resolved sooner rather than later. Often, the time involved in a case depends on the other party's willingness to make a fair offer. If we receive a settlement offer that meets your needs, we could resolve your case more quickly.
Other cases can take longer. If we go to trial, this can add to your recovery timeline. However, most cases do not end up in a courtroom.
No matter what happens, rest assured that you will stay in the loop. Our team can communicate any updates promptly and explain how our legal plan may affect your case’s timeline.
How Much Does It Cost To Hire a Lawyer?
At Atlanta Personal Injury Law Group, our attorneys work based on contingency fees.
This means several things for you:
- You pay nothing upfront or out of pocket for our services.
- We only get paid if we get results.
- Our fees come as a portion of your final compensation.
Don’t pull funds from your savings when you’re already facing financial pressure. Our team can get to work without retainers, hourly rates, or other upfront costs.
Ask us more about how our contingency fees work when you get a free case review.
Discuss Your Legal Options with an Atlanta Premises Liability Attorney
Premises liability cases are difficult and complex endeavors in Georgia. You must show that you were on someone else’s property as an invitee or a licensee, for instance. Otherwise, you may have trouble recovering compensation.
A conversation with an Atlanta premises liability lawyer’s team could clear up any questions you have about your potential case. To start discussing your legal options, contact us today at (404) 609-1724 to set up a consultation.
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