If you suffered injuries because of a hazard on someone else’s property, you may have options for seeking compensation for your medical care and other expenses and losses. An Atlanta premises liability lawyer from our team helps victims of falls, dog bites, and other injuries. We get justice for our clients by recovering a fair payout based on injuries and other damages and holding the property owner accountable.
Atlanta Personal Injury Law Group provides free case consultations for injured victims. Our Atlanta premises liability lawyers can assess your legal options, explain our services, and answer your questions about your case, fees, or the applicable laws. You can count on us to fight for the compensation you deserve based on the facts of your case.
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Let Our Team Handle Your Atlanta Premises Liability Injury Case
Our legal team investigates what happened and develops strong support for our case against the property owner. We must identify, gather, and analyze evidence to show what happened and who is legally responsible.
The evidence in these cases frequently includes:
- Eyewitness statements
- Any official reports filed about the incident
- Relevant medical records
- Expert witness testimony
- Surveillance camera footage
- A survey of the accident scene
- Records of similar incidents in the same location
- Documentation of the damages
With the right evidence, our team can move forward with your case. We prepare our argument to demand fair compensation from the property owner’s insurer or sue them and present this evidence at trial. Which option we choose for your case will depend greatly on the circumstances. We can discuss this issue in detail before filing a claim or lawsuit on your behalf.
Georgia law usually gives us only two years to file the initial complaint and begin a lawsuit. Missing this deadline could jeopardize your right to sue later, so we must meet the applicable deadlines. Some exceptions exist that could give you less time. We invite you to contact us as soon as your injuries allow to protect your right to a fair financial recovery.
Understanding Atlanta Premises Liability Accidents and State Law
Property owners must maintain their property free from unreasonable hazards. They are responsible for keeping visitors, customers, and others safe when they visit their property under Georgia law.
This applies to almost any type of building or property, including:
- Public buildings
- Private homes
- Parking lots
- Amusement parks
When property owners fail to maintain and repair their property, hazards can develop and cause injuries and damage. We represent those hurt in these incidents and build strong cases to show negligence and liability.
Recovering compensation in a premises liability case requires us to show:
- The property owner had a duty of care since our client was on the property legally.
- They breached that duty of care because they knew (or should have known) there was a hazard on the property.
- The hazard caused the incident and injuries.
- The victim suffered harm, including physical and financial injuries.
With evidence to show these four elements of negligence, it is often possible to identify the liable party and pursue compensation. Generally, the property owner is liable.
When the Property Owner May Not Hold Liability
Some circumstances push liability to another party. For example, imagine a store leases property from another company. The store owner is responsible for the maintenance of the property. When this occurs, the property occupier might be legally liable.
Understanding the duty of care owed to you is also essential in these cases. Not all types of visitors are owed the same duty of care under state premises liability laws. The duty of care depends on why you were on the property.
In general, a property may see three categories of visitors:
- Invitees: Most people are invitees. This category includes customers, friends, contracted workers coming to make repairs or do a job, and others on the property for a purpose, and both parties benefit from their presence. Property owners owe invitees the highest duty of care.
- Licensees: Property owners must avoid causing willful to wanton injury to licensees on their property. A licensee is someone on the property for their own benefit and who was not invited or contracted.
- Trespassers: In general, those on the property illegally are owed only a small duty of care. Property owners cannot intentionally harm them. Otherwise, they have no obligation to keep them safe in most circumstances.
Common Injuries in an Atlanta Premises Liability Accident
People often think of premises liability injuries as being relatively minor. They do not consider how significant a fall injury or dog bite could be. The truth is that these injuries vary widely from minor to serious to catastrophic.
While many cause fractures, bruising, and lacerations, others lead to more serious injuries, including:
- Concussions and traumatic brain injuries
- Neck, back, and spinal cord injuries
- Multiple fractures and significant limitations
- Internal injuries and bleeding
- Joint injuries, including sprains, strains, dislocations, and tears
- Scarring and disfigurement
The types of injuries suffered depend greatly on the type and severity of the incident. A dog attack does not cause the same injuries or require the same treatment as a slip and fall caused by a spill. We need to understand the unique injuries and damages suffered by the victim in each case.
Potential Damages You May Recover in Your Premises Liability Case
As a part of our investigation into the accident, our team gathers evidence to document each expense and loss our client incurred because of their injuries. These become the recoverable damages in the case.
Some common examples include:
- Medical care and related expenses
- Future care and support costs
- Income losses from time missed working
- Reduced earning ability because of long-term injuries
- Property damage
- Miscellaneous expenses with receipts
- Pain and suffering and other non-economic damages
Once we document the recoverable damages, we must value and establish a fair settlement range for the case before filing a claim or lawsuit. This task requires us to add the costs associated with current economic losses, identify the estimated expenses related to future treatment and care, and quantify the intangible losses such as pain and suffering.
We have a network of doctors and other experts we call in to help us understand our client’s injuries, prognosis, and how it will affect their life going forward. This is especially important when the victim suffers catastrophic injuries that require ongoing care and support and limit their ability to work for years to come.
If You Lost a Loved One in a Premises Liability Incident
State law supports family members who lost a loved one in a premises liability incident seeking compensation through a wrongful death action. This law allows surviving family members to pursue compensation and hold the property owner accountable for their loved one’s death.
Frequently Asked Questions (FAQs) for Our Atlanta Premises Liability Lawyer
We included some FAQs we hear from potential clients. If you have questions specific to your case or are considering taking action in your premises liability case, our team is ready to assist you.
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 personal injury law firm in Atlanta can review your case to ensure you understand your legal options.
How Much Is My Premises Liability Case Worth?
There is no way for our attorneys to know how much your Atlanta premises liability case might be worth before we investigate your case and document your damages. Each case has many differences, and any of them can affect the case outcome. Even when circumstances or injuries are similar, settlements can vary widely because of other factors.
When we handle a personal injury case, we document the damages the client incurred and calculate a fair settlement value for the case. This helps us know what the claim is worth and when to accept a settlement offer.
The Insurance Company Wants Me to Give a Recorded Statement. What Should I Do?
If the property owner’s insurance company contacts you, reach out to our team immediately. Talking to the insurer cannot help your case, but it can hurt it. We do not like our clients to give recorded statements. In fact, we handle all communication with the insurer for them. This protects their right to fair compensation and eliminates the possibility of the insurer using their own words against them.
Even if you hope to handle your claim on your own, giving the property owner’s insurance company a recorded statement is not a good idea. They can learn the necessary facts of the case by gathering evidence, reading reports, and watching video. You are under no obligation to cooperate with their insurer and provide a recorded statement.
Why Shouldn’t I Accept Their Settlement Offer?
Some property owners or their insurers offer early settlements, hoping to close the case before it begins. While a quick agreement for several thousand dollars sounds like a good idea, your case is likely worth much more. By agreeing to an early settlement, you might have to pay a lot of money for your treatment and care out of your own pocket.
We do not settle claims until we understand the fair settlement range of the case. Estimating this range requires us to gather documentation of damages, add the to-date expenses and losses, determine possible future treatment and care expenses, and price the client’s intangible losses, such as pain and suffering.
Do I Need an Attorney to Handle an Insurance Claim?
Many people handle their insurance claims on their own. However, this is not usually a good idea unless you have the knowledge and experience to navigate the process and ensure you can recover a fair payout. There are numerous advantages to having a lawyer handle your claim. Foremost, they can build the case and file the claim while you focus on healing and returning to your previous activities.
Attorneys protect your rights and often recover more compensation than an individual can on their own. This is because they have experience handling many similar cases before and know the applicable laws inside and out.
Do I Have to Sue to Recover Compensation?
Most premises liability cases do not require the victim to sue. Even when a lawsuit is necessary, not all of them go to trial. Most successful cases end in a negotiated settlement, whether there is a lawsuit or not. Only occasionally do these cases go to trial and a judge or jury decides the outcome.
When our team represents a client who needs to sue, we do not hesitate to take the case to trial when needed. If going before a judge supports our client’s best interests, we can present a strong case for fair compensation at trial.
Discuss Your Case With Our Atlanta Premises Liability Team Today for Free
When you contact Atlanta Personal Injury Law Group, we can review your premises liability case for free.
We answer questions, assess your options, and talk about how our attorneys help clients get justice. Compensation is often available for victims hurt because of unreasonable hazards on someone else’s property.