It may not cross your mind that you’ll get hurt when you visit someone else’s property. Going to the grocery store or visiting a neighbor feels safe. You assume the property owner or manager keeps their place safe for themselves and visitors alike.
Unfortunately, many Charlotte residents find out that preventable accidents happen. If you were injured on someone else’s property, you may be eligible for significant compensation for the cost of your medical treatment, missed work, and pain and suffering. At DeMayo Law Offices, our injury attorneys have the experience necessary to take on your premises liability case and help you recover maximum compensation from the at-fault party and their insurance company.
Our Charlotte premises liability attorneys understand North Carolina’s laws and how to make them work for you. When you hire us, we’ll investigate thoroughly and determine who caused your injury. If we find out the property owner was to blame, we’ll demand that their property liability insurer pays you full, fair damages.
Call us at (704) 333-1000 if you sustained an injury on someone’s property to begin pursuing compensation. We’ll review your case in a free consultation and determine what you’re owed.
What is a Premises Liability?
Premises liability is a subcategory of personal injury law. A property owner or manager can be held liable when they fail to maintain a safe property for their guests. If their negligence causes someone to be injured, they could be financially responsible for the damages they cause.
Common examples of premises liability cases include:
- Slips and falls
- Inadequate security resulting in an injury or assault
- Dog bites
- Improperly secured toxic chemicals causing injury
- Defective conditions, like unsecured railings
- Poor maintenance
- Swimming pool accidents
- Cracked or uneven sidewalk trips and falls
- Parking lot pothole trips and falls
- Minimal or lack of lighting injuries
Elements of a Premises Liability Case
Just because you get injured on another person’s property doesn’t mean you can automatically make a premises liability claim. Three elements must exist at the time of the accident to pursue compensation from the property owner. They are:
- The owner controlled the property when the injury happened;
- The owner didn’t take reasonable care to maintain a safe property; and
- The owner’s negligence was the direct cause of the injury.
The property owner must also be aware of the hazard and have failed to take the proper action to remove or repair it. It’s their responsibility to inspect the interior and exterior area regularly and perform routine maintenance. If an owner or manager finds damage or another hazard that could cause someone physical harm, they have the responsibility to fix it promptly.
Why Hiring a Charlotte Premises Liability Attorney is Necessary
It’s sometimes hard to prove liability in a premises liability case. The owner and their insurance company may deny any responsibility for your accident and injury. That’s why you need to hire a Charlotte premises liability lawyer immediately after getting hurt.
DeMayo Law Offices has decades of experience working on cases like yours and knows how to prove liability. When you hire us, we’ll handle each step of the process on your behalf. You won’t have to worry about anything except healing from your accident.
Our premises liability lawyers will:
Investigate the claim. We’ll thoroughly investigate the circumstances of your accident and obtain sufficient evidence to prove the property owner’s negligence. We may obtain a copy of the incident report, pictures of the scene where you got hurt, your medical records, and surveillance videos.
Interview eyewitnesses. We’ll find the people who witnessed your accident and take their statements. Supporting statements from uninvolved parties can serve as important evidence for your claim.
Put responsible parties on notice. We’ll determine who was at fault for your injuries, whether it was the property owner, business owner, maintenance department, or staff member, and notify them and their insurance company of our intent to pursue compensation.
Calculate your damages. We’ll review all of your records to figure out how much you spent, what kind of emotional and physical trauma you suffered, and the financial settlement you deserve.
File the claim and negotiate a settlement. We’ll file a claim with the appropriate insurance carrier on your behalf. After that, we’ll negotiate a full and fair settlement. If they deny the claim or won’t settle for an acceptable amount, we’re not afraid to pursue damages in a lawsuit.
You Have the Right to Receive Compensation for Your Damages
Victims of premises liability accidents caused by recklessness, negligence, or willful action have the right to seek compensation for the damages they suffered. Damages are monetary and intangible losses resulting from an accident or injury.
If another party’s carelessness led to your injuries, you could file a claim for the following damages:
- Medical bills and other expenses related to the injury or its treatment
- Past and future lost wages
- Pain and suffering
- Permanent disability or disfigurement
- Emotional trauma or mental anguish
- Loss of quality of life or companionship
Some extreme accidents allow victims to seek punitive damages in a lawsuit against the party that caused your injury. Instead of compensating the victim’s damages, punitive damages punish the at-fault party. They’re supposed to deter similar behavior in the future.
Premises Liability Statute of Limitations
A statute of limitations is an official deadline, after which an injured person can no longer file a lawsuit in the civil court system for a financial award. If you try to pursue a lawsuit after it’s passed, the court may dismiss your case and prevent you from recovering damages.
In North Carolina, the statute of limitations for premises liability is three years. You have three years from the date the accident happened to begin a lawsuit. Even though that seems like enough time to prepare for a lawsuit, the claims process can make the deadline feel short.
Most people pursue insurance claims first to try to settle without a court case, and then file suit if they can’t reach a settlement agreement with the insurer. Some claims take years to resolve. It’s crucial to contact an attorney as soon as possible to start work on your case and make sure you don’t miss any deadlines.
Statute of Limitations Exceptions in Premises Liability
There are a few circumstances in which the court will allow a person to file a lawsuit after the statute passed. These statute of limitations exceptions are:
- The victim suffers a hidden or unknown injury, such as mesothelioma from asbestos exposure, and discovers it when a reasonable person should. The clock begins on the date that they discover the injury.
- The injured party is under 18-years-old. The clock starts once they turn 18.
- The victim has a mental disability.
Your attorney can determine whether your injury falls into one of these exceptional categories.
What Should I Do If My Loved One Died on Someone’s Property?
If you lost a family member due to a property owner’s negligence or recklessness, you could pursue compensation from the at-fault party. DeMayo Law Offices can investigate to determine who’s to blame for your loved one passing away and what you may be owed.
The statute of limitations for a wrongful death lawsuit in North Carolina is two years. If you’re a surviving spouse, child, parent, or personal representative of the estate, you can sue the liable party for financial damages.
The damages available in a wrongful death case come in two categories: damages for the deceased and damages for the next of kin. Filing suit on behalf of your loved one means you can seek compensation for the expenses they incurred from the date of the accident until the date they died as a result of their injuries. You can also claim damages for your own emotional and financial losses.
Available damages include:
- Lost wages
- Pain and suffering
- Mental trauma
- Medical costs
- Funeral and burial expenses
- Loss of consortium
You Can Afford to Hire an Attorney
Many people won’t contact an attorney because they don’t think they can afford it. That’s a mistake. You’re more likely to receive a settlement if you have legal representation than if you don’t.
DeMayo Law Offices doesn’t require upfront fees to take on premises liability cases. We work on contingency, which means we don’t collect any fees until and unless we win your case. If we’re unable to secure a monetary award, you won’t have to pay us.
We also offer free consultations to prospective clients. We understand the stress you’re under and don’t want to add to your financial burden. We can discuss your injury and a potential premises liability claim in an initial consultation at no cost.
Our Charlotte Premises Liability Attorneys Are Here to Help
We have been helping victims of premises liability since 1992. Our dedicated attorneys have a combined experience in the legal field of over 150 years. We care about our clients and will fight hard to seek the compensation you deserve.
Our firm received the highest AV rating from Martindale-Hubbell, which is a peer-rated legal organization. We also belong to prestigious industry groups, including the Million Dollar Advocates Forum, Multi-Million Dollar Advocates Forum, and National Trial Lawyers.
At DeMayo Law Offices, we provide injured individuals with professional legal representation that’s dependable and affordable. We’ll update you on your case’s status regularly, so you never have to wonder what’s happening. Our Charlotte premises liability attorneys are always available when you need them most.
If you or your loved one suffered an injury on someone’s private or commercial property, they might owe you compensation for the damages they caused. DeMayo Law Offices are ready to help. Call (704) 333-1000 to schedule your free consultation.
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