If you or a loved one is the victim of a serious personal injury from a slip and fall on someone else’s property in the Augusta, Georgia area, contact the premises liability attorneys at Nicholson Revell, LLP.
When you are injured by defective or dangerous property conditions, you need a knowledgeable attorney to represent you. With a name in law for more than 80 years, Nicholson Revell LLP has extensive experience helping slip and fall accident victims in almost any scenario. Call the Augusta personal injury attorneys at Nicholson Revell LLP today. We can be reached at (706) 722-8784 to schedule your free legal consultation.
If you have been injured on someone else’s property, an attorney is necessary for a fair insurance process. Insurance companies are notorious for devaluing claims and offering clients as little money as possible. Most insurance companies don’t take clients seriously until they hire attorneys.
If you do hire a premises liability lawyer, your lawyer can handle complicated legal matters on your behalf, including negotiating a fair settlement. If your case cannot settle, your lawyer can help you go to trial instead.
Maximizing your financial outcome can be extremely important if you have serious or catastrophic injuries. You may be facing months, years, or a lifetime of medical expenses, medications, appointments, and physical therapy. Having a lawyer negotiate for you can give you peace of mind about the future.
In Georgia, property owners have a legal duty to keep their properties safe from unreasonable dangers. If a property owner does not take the necessary steps to correct the dangerous condition on his or her property and you are injured, you may have a premises liability claim against the owner.
Generally, to prevail in a premises liability claim, an injured person must establish that (1) the owner prior owner had prior knowledge of the danger, and (2) the property owner did not take reasonable steps to correct the hazard. Premises liability claims include many types of accidents caused by defective or dangerous property situations.
Some of the types of premises liability case our firm is prepared to handle include:
Our Augusta personal injury attorneys understand the legal requirements that property owners (either residential or commercial) are required to maintain. We will help you understand your legal rights and recover damages to compensate you for your injuries. These damages can include lost wages, medical expenses, and pain and suffering.
Slip and fall accidents are the most common reason for premises liability claims in Georgia. According to the National Floor Safety Institute, more than one million people visit emergency rooms in the U.S. each year for slip and fall injuries. A slip and fall accident can happen on a property that contains hazards or defects:
Slip and fall accidents are typically preventable. They occur when a property owner or business employee is careless in property maintenance and fails to repair potential hazards. If you slipped and fell over an obstacle or defect that a reasonable property owner would have fixed, you may have grounds for a premises liability claim.
The main reason to bring a premises liability claim in Georgia is to seek financial compensation for your injuries.The injuries you sustain because of someone else’s carelessness could cost thousands of dollars in medical expenses alone. If you were not at fault for your accident, you shouldn’t be the person who has to pay the bills.
Some of the most common injuries suffered in premises liability accidents include:
Premises accident injuries can be extremely serious. They can cause permanent scarring, disfigurement, and disability. Your injuries may take you out of work temporarily or permanently, adding lost wages to your losses. It is important to bring a premises liability claim against a careless property owner if you or a loved one has been seriously injured. A successful claim can help you get your life back on track.
Before you can obtain financial compensation for a premises liability accident, you or your lawyer must prove the necessary legal elements. The burden of proof – the responsibility to prove someone else’s fault – rests with the injured party (plaintiff) in a premises liability lawsuit. It is up to your lawyer to preserve, collect and present evidence that proves four elements as more likely to be true than untrue:
Evidence in a premises liability claim in Augusta can take the form of photographs of the property defect, video surveillance footage of the accident, eyewitness statements, accident reports, medical records, and expert testimony. Your lawyer can help you gather clear and convincing evidence in a thorough investigation of your accident. Then, your lawyer can present this evidence to an insurance company or courtroom on your behalf.
Through a premises liability lawsuit, you can recover compensation for the losses you sustained due to the property owner’s failure to maintain safe premises. Under Georgia law, you are eligible to collect two types of damages: economic and non-economic. Economic damages refer to your tangible financial losses, while non-economic damages involve your physical and emotional pain and suffering.
Common types of damages available in Georgia premises liability cases include the following.
Although you may be able to establish your right to compensation, property owners often try to defend themselves by claiming you share liability for the accident. The owner may claim that you were distracted by your phone, traveling in a restricted area, trespassing, or even wearing inappropriate shoes at the time of the accident. He or she may also claim that he or she was unaware of the hazard and did not have adequate time to respond to it.
If the court or insurance company believes that you are responsible for the accident, your award could be at risk. The insurance adjuster assigned to your case may use this information as justification to deny or reduce your settlement.
During a lawsuit, Georgia’s modified comparative negligence rules will apply. Under these laws, your award will be reduced by the amount of liability you share. If you are 50% or more at fault, you will be barred from recovering compensation.
For example, say that you are injured when you slip on a puddle of oil in a grocery store. You file a lawsuit against the store for $40,000. However, security footage shows that you were texting on your phone before slipping and falling. The owner claims that if you had been paying attention at the time of the accident, you would not have suffered injuries.
The court accepts his or her claim and assigns you 30% of the liability. Out of your original $40,000 award, you will only receive $28,000. If the court had assigned you 60% of the liability, your award would be reduced to $0.
In these situations, an Augusta premises liability attorney at Nicholson Revell, LLP can help. Your lawyer will gather the evidence necessary to defend you against accusations of shared fault and protect your award from reduction.
If you are injured on someone else’s property, it is important to remain calm and seek help as soon as possible. The moments immediately after your accident will be some of the most crucial to your future claim. Take the following actions after your accident to collect evidence, protect yourself, and initiate the first steps toward filing your claim.
After you receive treatment for your injuries, contact a premises liability attorney as soon as possible. A premises liability attorney from Nicholson Revell, LLP can handle all conversations with the insurance company on your behalf and advocate for your best interests throughout your case. Your lawyer can also evaluate your accident and help you identify your path to optimal compensation, crafting a compelling case for your right to recovery.
After your accident, a representative from the property owner’s insurance company may contact you and ask for a statement. He or she may claim that providing an early statement will help resolve your case quickly and provide you with compensation faster. You should always decline this request and avoid speaking with an insurance representative before contacting a lawyer.
Insurance companies have a goal to protect their bottom lines, and providing maximum compensation is not in their best interests. If you provide a statement too early in your case, you may not understand the full extent of your injuries or losses. As a result, you can receive an insufficient settlement to meet your needs, leading to financial hardship later on.
These companies sometimes flag inconsistencies between claimants’ stories, using changing details as proof that a claimant is being untruthful. If you discover new information about your accident after providing an early statement, the company could use discrepancies between your statements as justification to deny your claim. To protect your right to compensation, wait to speak with an insurance representative before speaking with a lawyer.
Under Georgia Code Section 9-3-33, an injured person has no more than two years from the date of injury to file a personal injury claim. This means the clock on your right to file starts ticking on the date of your premises liability accident and ends two years later. If you wait longer than two years to try to file, the courts in Georgia will most likely dismiss your case. Speak to an injury attorney as soon as possible after your accident to make sure you meet your deadline.
If you have been injured in a slip and fall accident or another type of premises liability incident in Augusta, Georgia, contact us right away for a free consultation. Our lawyers want to help you pursue justice and fair compensation for your injuries and losses. Find out how we can help you today.