Personal injuries can occur in a variety of ways and locations. Everyone is generally aware of financial recovery following an automobile accident, but compensation is also available following many personal injuries that occur on a specific property under certain circumstances. Property owners and business managers are legally required to maintain reasonably safe environments for customers and patrons when using a facility, and those who are injured by their maintenance failure may have
standing for a significant injury claim. This is especially true when suffering serious physical damage. These claims are always defended vigorously, whether they occur on private or public access property, and having an aggressive premises liability lawyer in Torrance like Molchan Law representing your claim is essential for a successful outcome.
Preliminary Claim Negotiations
Most personal injury claims are settled before a case goes to court, but that is not always the circumstance with a premises liability claim. Certain factors like legal occupancy in a private location can matter. This is not necessarily an issue with an injury that occurs at a location open to the public, such as a business or a government attraction. Attorneys from both sides discuss the evidence and often come to a settlement before ever going to court. It is important to note that claims stemming from injuries on public access property can be much different from private property claims, including the amount of time allowed to file. Your attorney from Molchan Law can address the issue immediately within the rules of submission by the agency and file your claim according to the guidelines. However, claims against public businesses still follow the same filing deadlines as a standard personal injury claim governed by California statute of limitations.
Proving a Premises Liability Case
Personal injury cases are focused on negligence and responsibility. Personal injury claims require the plaintiff attorney to prove that an injury occurred to their client and that the injury was the fault of the respondent party. The plaintiff legal counsel must prove that the defending party owed a reasonable duty of care to the plaintiff, and that they failed in that responsibility. Just as in an automobile accident claim, the opposing party can also claim a comparative negligence defense that the claimant was largely at fault for their own injuries. The legal term for this application in a premises liability case is reasonable assumption of personal risk, and the defense is based on the material case facts. Assignments of comparative fault percentage can also be used by the responsible party to discount the total value of an injury claim, and insurance companies use this application in all claim settlements.
Public Access Property and Business Claims
Injuries that occur on property where the general population can legally occupy space may have a better chance for a settlement when all factors are considered. Business operators and public agencies must maintain reasonably safe areas for patrons. However, many businesses operate on leased private property, which means that the actual property owners could be liable for injuries as well based on how an accident occurred. Businesses are typically responsible for keeping the inside of the store danger free, but many times a parking lot or other physical attachment could be the responsibility of the owner. Premises liability attorneys understand these types of potential complications and can investigate the accident for all avenues of financial compensation, including both a business operator and a property owner when case facts indicate multiple elements of fault.
Private Property Claims
Private property premises liability injury claims can get complicated quickly, and many defendants or their insurance company will request a claim be dismissed summarily when they think they have sufficient evidence. Injured parties in California must occupy the associated property legally based on authorization of an owner or a tenant. Injuries happening while visiting a renter are prime examples of complications associated with premises liability cases, and illegally occupying the property is a common defense. It is not uncommon for a tenant to ultimately be responsible unless the claimant was injured by part of a structure or property in a state of disrepair. Property owners also are not allowed to configure traps for trespassers as well, and there are also specific laws pertaining to children when they occupy property without consent and are injured, such as barriers to a swimming pool.
Premises liability cases are subject to the same criteria as other forms of personal injury claims regarding financial compensation. Plaintiffs can request compensation for medical bills, lost wages when they apply, and reimbursement for general damages resulting from the long-term impact of the injuries. Pain-and-suffering compensation is actually where most injured parties are made whole when their cases are settled, and claims can include all aspects of life following the accident injury. Some injuries never rehabilitate fully, and this can be a central issue in any case deliberation whether or not the case goes to trial. When cases do go to trial, a sympathetic jury can also apply punitive damages when your Torrance premises liability attorney can prove gross negligence on the part of the defending party. Punitive damages can be especially important in claims against major companies because they have the resources to pay a settlement when private property owners may not.
Contact a Torrance Premises Liability Attorney
All premises liability attorneys understand the challenges involved in a personal injury claim based on location, but not all personal injury attorneys will fight diligently for their clients. Always call an aggressive and experienced legal representative with a solid track record of results for their clients like the litigation professionals at Molchan Law premises liability lawyer in Torrance. The attorney you choose to handle your case makes a major difference--that difference maker in California is Molchan Law Firm.