What Are The Top Misconceptions Regarding Premises Liability Claims?
One misconception regarding premises liability claims is the idea that if someone falls and gets hurt, then they will get paid. In most cases, if you fall and you get hurt, you won’t get paid. This is because these are very difficult cases to bring, as I have already explained. However, a good lawyer with a good case can make a very good recovery for a plaintiff. A good lawyer knows how difficult they are, so they will do a lot of investigation and get reconstructionists to examine the cause of the fall. It’s important to note that the history of the site is not often admissible into evidence. In other words, even if 10 people fell before you, there is a rule saying that previous cases are different from yours and may not be considered.
You may think that you are entitled to a lot more money than the insurance company is willing to give. In addition, insurance companies will get your medical records for the last 10 years or maybe more, and if they see that you were treated by the same chiropractor or that you previously had a knee surgery for the same knee that you are claiming you hurt, they will use that against you. If you say you have psychological problems, they may subpoena a psychologist or psychiatrist to see if they received similar complaint in their records.
Juries are very stingy, and plaintiffs are often surprised at how low the verdicts are. Injured parties read the newspaper and they think they are getting into a lottery and that they are going to hit it very big. If you get a big verdict, it means that you’ve been hurt very badly. You don’t want to get hurt. There are many illnesses that are fought over, and there are textbooks and seminars on them. The defendant’s attorney will probably try to say it’s really not an injury or it shouldn’t even be acknowledged. So often a part of the injuries are in areas where medicine differs about how serious the condition, what can be done and what shouldn’t be done. After your free consultation with me, you will definitely know the strengths and weaknesses of your case. You will also know what to do in the meantime to get better and strengthen your legal case.
Some people think that they are going to be awarded money for future surgeries and medications, which may be partly true. In Arizona, you have two years to file a lawsuit. If it gets settled after two-and-a-half years and then you suddenly need surgery, then you will not get compensated for that surgery. However, if you are able to convince the jury that surgery is a reasonable future damage, then you would be able to get an award for that future surgery
One of the main reasons I am a lawyer is because I have seen many people who have had serious injuries because they were in the wrong spot at the wrong time. My job is to try my darnedest to get all the elements of an injury admitted so that you are awarded monies for all of your injuries. The injured person is going to need the money because they may never work again, or may have children to provide for. It’s very expensive just to live, especially when you cannot work. No one is giving them free money. Juries are very good filters; they know when someone is honest and when someone is dishonest.
What Are The Duties Of A Property Owner?
Injuries due to improper premises are numerous, and as a property owner, the owner has many responsibilities. The possibilities that are most frequent are of a freak accident. For example, if I come to your house and you own a dog that is known to bite people, you should either put the dog in another room or warn the guest. If a dog has never bitten before but becomes protective and bites, then you can’t really do too much about that.
If there are sidewalks in front of your house and it is icy and people are going to slip, then you should use salt, get it cleaned as best you can, or place red cones or a sign in order to warn people. You should do whatever a reasonable person would do to warn and prevent a slip. It’s the same thing with floors. When you have the situation of a sunken depth going from the dining room to the living room, then you should either hold a person’s hand as they step down, or warn them of it. It’s very common for people to fall in that situation. If you have steps that are going to break or collapse, or there is no railing to hold onto, then you need to make the necessary improvements to those steps so they are safe. You may have electrical wires that are on the floor that someone could trip on.
If you do, you should tuck them away. You may have improper lighting by the steps or in the backyard. If someone goes outside and they can’t see, there are potential spots where they might get hurt. Railings are very important, especially when walking down steps. Older people are much more vulnerable because they could suffer a fractured hip which could lead to death, and that is not uncommon at all. The main thing is to identify all conditions that could cause injury, and make them safe so that you are not exposed to hurting someone, and thus held responsible for their injuries and their other losses. That’s basically it. Do what you can do to keep your premises safe. Do unto others as you would want them to do to you.
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