You probably take the yellow signs that warn you of a recently cleaned floor for granted. But if you’ve ever slipped, fallen, and injured yourself, then you’ll know they’re actually an important safety tool. Property owners, managers, and other responsible parties must keep their property safe for their visitors and guests. When they don’t, they can be held liable for the injuries they cause.
If you were injured on someone else’s property due to improper or negligent maintenance, you might be owed significant compensation. Contact DeMayo Law Offices for help pursuing the damages you deserve in a premises liability claim.
Our Monroe, NC premises liability lawyers know North Carolina laws well enough to help you get the maximum monetary settlement you deserve. When you hire us, we’ll investigate the circumstances surrounding your injury, gather sufficient evidence to prove the at-fault party’s negligence, and demand they pay a full, fair settlement.
Call us at (704) 291-9200 to speak with one of our legal professionals. We’ll schedule a free consultation so you can discuss the details of your case in a no-pressure, no-obligation initial meeting.
What is Premises Liability?
Premises liability falls under the broader category of personal injury law, which allows injured parties to seek compensation for physical, mental, or emotional harm resulting from negligence.
When an individual or entity fails to maintain their property and a dangerous condition causes someone to get hurt, they can be held liable for their negligence in a premises liability claim.
Injuries resulting from the following situations could result in premises liability cases:
- Dog bites and animal attacks
- Swimming pool accidents
- Construction-related injuries
- Slip and falls
- Trip and falls
- Injuries from assaults
- Amusement park accidents
- Workplace accidents
- Nursing home accidents
- Elevator/escalator accidents
- Playground accidents
- Accidents and assaults at bars and nightclubs
Proving the Elements of a Premises Liability Case
You can’t automatically collect an insurance settlement from the property owner just because you sustained an injury. You and your attorney must demonstrate specific elements that existed to seek damages. They include:
- The owner owed you a duty of care to take reasonable steps to prevent an injury;
- They breached their duty of care;
- The owner’s action (or inaction) was the direct result of your injury; and
- You incurred damages from the injury.
Your lawyer will also need to prove that the property owner was aware of the dangers but didn’t resolve them promptly. Responsible property owners and managers should fix cracks in the sidewalk, remove debris, and clean up spills promptly. If they don’t, they could be financially responsible for the injuries they cause.
You Should Hire a Monroe, NC Premises Liability Lawyer
It can be difficult to prove negligence in premises liability cases. Negligent and reckless property owners rarely take responsibility for their actions. Their insurance companies will attempt to save money by denying claims and making low settlement offers. If you want to recover the maximum compensation available, you’ll need the help of an experienced lawyer.
When you hire DeMayo Law Offices, we’ll handle every step of the process, including these:
Performing an investigation. We’ll launch a thorough investigation into the incident that caused your injury. We can request copies of your medical records, locate security video footage, obtain the incident or police report, and take photos of the accident scene.
Getting witness statements. We’ll find individuals who saw what happened and get their statement. Sometimes witnesses move or are difficult to locate, but we have the resources to find the people relevant to your case.
Determining your case’s value. We’ll review every piece of evidence we find, all of the expenses related to your injury, and calculate how much money you deserve from the at-fault party.
Notifying all liable parties. Once we determine who caused your injury, we’ll send them a letter that notifies them of your intent to seek compensation. We’ll also request their liability insurance information so that we can file a claim.
Filing an insurance claim. We’ll complete all of the complicated elements of the insurance claim on your behalf. We’ll submit appropriate documentation to the insurance adjuster and negotiate a full and fair settlement when the time comes. If we can’t reach an agreement, we’re prepared to file a lawsuit to demand just compensation.
Premises Liability (Slip and Fall) Damages
Victims of premises liability accidents can pursue compensation, which is called damages. When someone else’s careless actions caused your injury, you deserve financial compensation for the cost of their irresponsible behavior.
Damages compensate injured victims for their losses. Whether you file a claim or a lawsuit, you can seek two types of damages: economic and non-economic. Economic damage is a financial loss, while non-economic damage is unquantifiable.
The economic and non-economic damages you can claim in a premises liability case include:
- Medical expenses
- Lost income and loss of future earnings
- Disability or disfigurement
- Emotional trauma
- Mental distress
- Pain and suffering
- Loss of quality of life
In exceptional cases, you may also be able to seek punitive damages. You can only pursue punitive damages in a lawsuit, not in an insurance claim. Instead of compensating your financial or intangible losses, it’s a form of punishment for the negligent party.
What’s the Statute of Limitations for a Premises Liability Case?
Statutes of limitations are strict deadlines that victims of accidents must comply with if they wish to pursue compensation from a civil lawsuit. If the statute passes, you may lose your right to sue the at-fault party for their negligence.
North Carolina places a three-year statute of limitations on all premises liability cases. In other words, you have to file suit within three years from the date you sustained your injury to qualify for compensation in court. You might think that’s plenty of time to prepare, but building a case is time-consuming and complicated.
Most accident victims start by filing an insurance claim to see if they can for their past and future damages with the time-consuming hassle of going to court. If they can’t, they have the option to pursue a lawsuit to demand full, fair damages. It’s crucial to begin working on your case immediately so that all legal avenues for compensation are still available to you.
Situations That Can Place the Statute of Limitations on Hold
In some circumstances, you might be able to file a lawsuit after the usual statute of limitations already passed. The three common exceptions include:
- The injured victim is under the age of 18. The statute begins once they turn 18 years old.
- The victim suffers from an unknown or hidden injury, such as cancer from exposure to toxic chemicals, and doesn’t discover it until years later.
- The victim is mentally disabled.
Can I File a Wrongful Death Claim if My Loved One Died?
If there’s evidence of negligence that led to the premises liability accident that caused your loved one’s death, you can file a wrongful death claim for compensation. Contact the Monroe, NC premises liability lawyers from DeMayo Law Offices, and we’ll explain your options.
Wrongful death lawsuits in North Carolina follow a two-year statute of limitations. Only four parties can pursue a wrongful death case:
- Surviving spouses
- Surviving children
- Surviving parents
- Representatives of the estate
Wrongful death damages compensate you for the losses related to caring for your loved one, and the damages your loved one suffered from the injury date to death.
The common damages surviving family members pursue include:
- Lost wages
- Pain and suffering
- Funeral and burial costs
- Mental distress
- Medical bills
- Loss of consortium
No Upfront Costs for Legal Representation at DeMayo Law Offices
If you’re considering handling your case alone because you’re worried about expenses, call DeMayo Law Offices today. We take all cases on contingency. That means we don’t take any upfront fees. We don’t take any fees unless we win your case. If we don’t win, you won’t have to pay us.
Our Monroe, NC premises liability lawyers also provide free initial consultations. If you’re unsure about hiring a lawyer but want to discuss your case, our consultation offers no risk or obligation. We’ll review the information you provide and advise you of your legal options.
What Sets Us Apart
We care about our clients and the community. Since we first opened DeMayo Law Offices in 1992, we’ve always found ways to give back and help make our community a better place. Some of the programs and organizations we support include:
- Michael A. DeMayo Scholarship Program
- Mothers Against Drunk Driving
- The American Heart Association
- Habitat for Humanity of Charlotte
- Operation Smile
We’re also proud of the recognition we’ve received for our legal services. Some of our Monroe, NC premises liability lawyers hold an AV Preeminent rating from Martindale-Hubbell, the highest rating possible. Additionally, Martindale-Hubbell awarded us with the Client Champion Gold Distinction, a prestigious distinction that only 5% of law firms receive. We’ve also received recognition from prominent legal organizations, including the Million Dollar Advocates Forum and the National Trial Lawyers Top 100 Trial Lawyers.
Choose DeMayo Law Offices
If you suffered injuries from a premises liability accident or slip and fall, call us to begin your case. We’ve been fighting for clients like you since 1992. Our team of dedicated and knowledgeable legal professionals cares about our clients. We’ll always treat you with respect, communicate with you about your case openly, and fight hard for the compensation you deserve.
A Monroe, NC personal injury lawyer is available to discuss the injury you sustained on someone else’s property and how to recover financial compensation today. Call us to schedule your free consultation at (704) 291-9200.
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