Making A Premises Liability Claim After A Fall Or Injury

If you have fallen or been hurt on another person’s property, and their negligence is to blame, you can claim compensation for your injury under Georgia’s premises liability laws. Doing so is not always easy and requires the help of an experienced personal injury lawyer or law firm like Cohen and Sinowski. This article explains:

• The damages you can claim for financial compensation after a fall or injury in a premises liability claim.
• What tactics and techniques insurance companies will try to use to deny, diminish, or delay your claim.
• How attorneys like Cohen and Sinowski can help you make a strong and successful premises liability claim in Georgia.

What Damages Are Available In A Premises Liability Case?

In Georgia law, there are two main types of damages available in premises liability cases when you have fallen or otherwise been hurt as a result of the negligence of the property owner.

First, there are special damages. These are damages which can be quantified in monetary terms. They are actual, out-of-pocket expenses you suffer due to your injuries. These can include:

• Medical expenses, including both past and future costs associated with the injury.
• Lost wages if you had to take time off work due to the injury or were unable to go back to work afterward.
• Property damages if any of your personal property was damaged in the incident, such as a broken phone.

Then there are general damages. These are non-economic damages, which are not easily calculated in terms of money. These are meant to compensate you for non-monetary aspects of the harm you suffered. They can include compensation for:

• Pain and suffering for the physical harm you endured and suffered through;
• Emotional distress for panic attacks, anxiety, and other mental effects resulting from the injury;
• Loss of enjoyment of life, which occurs when the injury impacts your ability to enjoy day-to-day activities or hobbies; and
• Loss of consortium to compensate for harm to your marital relationship caused by the incident.

It is vital you get the help of an attorney to ensure none of these important categories are neglected, especially given that the insurance company will often fight you every step of the way, or worse, try to get you to accept less than you deserve.

What Tactics Will The Property Owner’s Insurance Use To Deny Or Limit My Claim?

Insurance companies are not on your side, and their goal is, ultimately, to make as much profit as possible, often by paying out as little as possible after an incident. To do so, they will resort to any and all of the following strategies:

1. Delaying The Claim Process: The insurance adjuster may delay the process of settling your claim with the aim of increasing your desperation and getting you to accept a lower amount or running out the clock on your time limit to pursue them in a lawsuit. For example, they may drag their feet when investigating your claim or keep asking for additional documents even though they have the ones they need to resolve your claim.
2. Surveillance Tactics: Insurance companies will often use surveillance, both in person and of your online activity. If they can capture any evidence of you acting in a way inconsistent with your claimed injuries, they could use this to devalue or deny your claim.
3. Defense Strategy Usage: Some defense attorneys approach nearly every premises liability case with a similar defense strategy. This could include contesting your account of the incident or attempting to put some or all blame on you.
4. Alternative Dispute Resolution (ADR): Homeowners’ insurance companies will often employ ADR in settling personal injury cases outside the courtroom. Though this process is usually less expensive and quicker than traditional court proceedings, it might limit the settlement amount that is available to you.

Remember, while understanding these tactics can help when it comes to navigating negotiations with insurance companies, it is always advisable to have professional legal support during this process to protect your rights and interests.

If The Fault Is Clear In My Premises Liability Case, Do I Still Need An Experienced Personal Injury Attorney?

Yes, even if the fault appears clear in a premises liability case, it is critical to have an experienced personal injury attorney.

First, the identification of the responsible party is essential. Although the blame may seem obvious, the other party or their insurance company may dispute it. An experienced personal injury will help you establish and prove liability, which is a vital step in claiming compensation.

Second, dealing with insurance companies can be complex and challenging. They may attempt to offer a lower settlement, downplaying the severity of your injuries, or even deny the claim entirely. An attorney will ensure you are treated justly and fight to secure the fullest possible compensation for your injuries, loss of income, and any future medical expenses.

Finally, having legal representation pushes insurance companies to present a fair settlement offer, as it signals your readiness to take the case to court if needed.

At Fall Law, we stand ready to provide the essential and competent support you need during this trying time.

What Is Your Firm’s Experience Representing Injured Persons In Premises Liability Claims?

At Fall Law, we have a wealth of experience representing clients just like you who have suffered injuries and need compensation. Our expertise in this area is grounded in our deep understanding of the law and the complexities that surround these cases. Our dedicated team of attorneys has successfully handled countless premises liability claims throughout Georgia, securing much-deserved justice and compensation.

We recognize the pain and frustration faced by victims of negligence, and we are committed to empathetically guiding you through this complicated legal process. Our firm has represented a diverse range of individuals, from victims of slip and fall accidents to those injured due to inadequate security measures. Our extensive experience enables us to ensure you receive fair compensation for your injuries, lost wages, medical expenses, and emotional harm.

At Fall Law, we specialize in transforming complex legal concepts into clear, concise language that our clients can understand. This approach empowers you directly and allows us to work collaboratively in pursuit of the best possible outcome. Our focus on accessibility and open communication sets us apart from other law firms in the field.

In summary, Fall Law is a leading Georgia premises liability firm with a proven track record of success. Our professionals have substantial experience representing clients in these cases, and we are motivated by our commitment to justice and our empathy for clients like you. Trust Fall Law to fight assertively for your rights while delivering compassionate, empowering, and reassuring legal representation. For more information on Handling Premises Liability Claims At Fall Law, an initial consultation is your next best step.