Carrollwood Premises Liability Attorney
Premises liability, a special category of injury cases, includes incidents that happen on a property away from home, like at a house party, a store, or an office building. Liability, or negligence, is basically a lack of care. When people leave home for commercial, recreational, or other purposes, they have a right to be safe. Landowners have a duty to provide this safety, in most cases. If they fall short of the legal safety standard in Florida, they could be financially responsible for damages.
The diligent Carrollwood premises liability attorneys at Moore Law are committed to maximum compensation for victims in these areas. We demonstrate this commitment by thoroughly reviewing your case. Then, we collect evidence that supports your claim for damages and refutes insurance company defenses. As a result, we usually obtain results that exceed our clients’ expectations.
Kinds of Premises Liability Matters
Regarding guest safety, property owners usually have a duty of reasonable care. A lower legal responsibility applies in a few situations. Common premises liability matters include:
- Falls: Every year, fall injuries send more people to hospital emergency rooms than any other kind of injury. The serious injuries these victims sustain, like broken bones and head injuries, are normally permanent, at least to an extent. That’s especially true if the victim had a pre-existing condition.
- Animal Attacks: Dogs bite over two million people a year. These attacks cause multiple physical and emotional injuries. Due to the nature of these incidents, these victims often have several legal options as well. That’s why it’s so important for a Carrollwood premises liability attorney to properly evaluate these cases and connect victims with the medical help they need.
- Swimming Pool Injuries: Florida has more per capita swimming pool drownings than any other state in the country. Other swimming pool injuries include falls on wet surfaces and chemical poisonings in the water. Pool owners usually have a duty of care, even if they post a “No Lifeguard On Duty” or other warning sign.
Compensation in these premises liability claims usually includes money for economic losses, such as medical bills, and noneconomic losses, such as pain and suffering.
Your Claim for Damages
This compensation is available if a victim/plaintiff proves negligence, or a lack of care, by a preponderance of the evidence, or more likely than not.
As mentioned, early and effective medical treatment is essential in these cases. Once medical treatment is at least substantially complete, a Carrollwood premises liability attorney usually sends a demand letter to an owner or insurance company. This letter includes a proposed settlement figure, based on the damages in the case.
If legal responsibility is crystal clear, the case often settles within a few weeks. But there are normally some issues in this area. Common insurance company defenses include comparative fault and assumption of the risk. Comparative fault shifts blame for the accident off the tortfeasor (negligent actor) and onto the victim. Assumption of the risk usually involves one of the aforementioned warning signs.
If negotiations stall, attorneys often file legal paperwork to jumpstart the process. Filing suit not only pressures the insurance company into settling. This move also preserves the victim’s legal right to compensation.
Typically, Florida judges refer contested cases to mediation. Basically, mediation is a court-supervised settlement negotiation session. A neutral, this-party mediator ensures that both sides negotiate in good faith. They must each be willing to make some compromises in order to settle the case.
Largely because of this added dimension, this forum often delivers results if unsupervised negotiations have failed. In fact, mediation is about 90 percent successful in Florida.
Contact a Thorough Hillsborough County Lawyer
Injury victims are usually entitled to significant compensation. For a free consultation with an experienced premises liability attorney in Carrollwood, contact Moore Law by going online or calling 813-510-5400. We do not charge upfront legal fees in these matters.