Property owners, managers, and commercial tenants have a responsibility to make sure their property is safe for people who visit. Wet floors, loose tiles, and uneven stairs can all present hazards that can result in serious injuries or even death. If you or a loved one has been injured in the Richmond area because of a property owner or manager’s negligence, you can pursue justice with the help of a Richmond premises liability lawyer.
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Personal injury cases, including those involving premises liability negligence, can be complex. At Brooks & Baez, we have the knowledge and experience to rise to the occasion, no matter how complicated your case is. With every case we take on, we work tirelessly toward satisfactory resolutions for our clients. Whether you speak English or Spanish, we are here to help you navigate your legal challenge with confidence.
The concept of premises liability is the idea that property owners, property managers, and business tenants who take care of the property leased for their business have a duty to make sure the premises are safe for people who visit. This means they should be aware of any potential hazards and take steps to mitigate them. When they fail to exercise reasonable care, they may be liable for any injuries sustained by visitors on their property.
In Virginia, if you are reasonably expected to be at a property, such as when you visit a store, or if you are invited to a property, the property owner, business owner, or property manager has a duty of care to you. According to Section 8.01-219.1 of the Code of Virginia, a property owner has no duty of care to a person trespassing on their property.
The following are a few common examples of premises liability negligence that could result in an injured person filing a personal injury claim:
If you are injured on someone else’s property because of unsafe conditions, the first thing you should do is seek any medical attention you may need. Your health is the most important thing, so everything else can wait. Document your injury and, if you can, the conditions at the property that caused it. It is also important to keep track of any medical bills associated with the injury for the purpose of claiming compensation.
After you seek medical attention, you should file a claim with the property or business owner’s insurance. Most homeowner’s insurance and commercial and business insurance includes liability coverage for instances like this. However, simply filing an insurance claim is unlikely to result in a settlement that covers all of your losses.
Before you even file the first insurance claim, it is advisable to hire a premises liability lawyer to help you. Your attorney can gather information about your case and communicate with the insurance company on your behalf. Sometimes, communication from a lawyer is enough to show that a person filing a claim is serious, and this alone may result in a better outcome for the claim.
If, as often happens, your claim is denied or underpaid, your attorney can help you file a personal injury claim against the insurance company, the business where you sustained the injury, the property manager, or anyone else who may be liable for your injury. The lawyer can then negotiate on your behalf for a satisfactory settlement. If the case goes to trial, your attorney can represent you in court.
People who file personal injury claims can recover compensation for medical expenses, lost wages, and pain and suffering. Medical care is very expensive, and injuries can result in tens of thousands of dollars in medical debt, which can put significant financial strain on victims and their families.
Compensation for lost wages should cover any pay the injured person lost because they were unable to work while recovering from their injury. In some cases, injuries are severe enough that the injured person is no longer able to do their job. In those cases, settlements may include both actualized lost wages and projected earnings.
Yes, there is a time limit to file a personal injury claim in Virginia. For most personal injury situations, the statute of limitations is two years, as defined in Section 8.01-243 of the Code of Virginia. After this two-year window, injured parties can no longer pursue damages. Therefore, it is important to hire an attorney and take action in a timely manner.
It is very unlikely that your premises liability case will go to trial. Almost all personal injury cases, including those for premises liability issues, settle long before reaching the trial phase. Courtroom trials are expensive and time-consuming, so most defendants would rather reach a settlement if possible. When a plaintiff has a legitimate case, there is a high likelihood that the defendant would ultimately be ordered to pay compensation, anyway.
Yes, an injured person can file a claim against more than one defendant for an injury related to premises liability. For example, if a person tripped on an unmarked step outside an apartment building, they could theoretically file a claim against the business’s insurance, the apartment management company, and possibly the manager themselves, if it is demonstrated that the manager knew about the problem and neglected to fix it.
The time it takes to resolve a premises liability case depends on several factors, including the nature of the injury, how long it takes the injured person to recover, and the willingness of the defendant to reach a settlement. Some cases take a matter of months, while others can take a year or longer.
If you or a loved one has been injured because of a premises liability issue in Richmond, you can pursue financial compensation with the help of an experienced attorney. Contact Brooks & Baez today to learn what we can do for you.
Our team is comprised of Jesse Baez and Noel Brooks, two attorneys with decades of combined
experience handling legal matters for clients throughout the state of Virginia.
Whatever your legal issue, we will answer your questions and offer you peace of mind as we work to guide
you through the process to resolution.
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