After suffering damages in an accident that occurs on another party’s property, recovering damages can be critical. Proving fault in these cases is often challenging. Fortunately, an experienced Granby premises liability attorney can help you prove liability and recover fair compensation from the at-fault party.
At Claggett, Sykes & Garza, we’ll do everything in our power to ensure you recover the compensation you deserve. We will pull out all the stops in our pursuit of getting you the money you need. Contact us today to schedule a free no-obligation case evaluation with one of our Granby personal injury lawyers.
Proving Negligence in a Premises Liability Case
When pursuing compensation following an accident that occurs on someone else’s property, you will need to show that they were negligent or acted with the intent of harming you. There are four aspects that must be established to prove negligence:
- Duty of care
- Breach of the duty of care
- Damages
- Causation
Duty of Care
The first thing you need to establish when attempting to prove negligence and recover compensatory damages is that the at-fault party owed you a duty of care. A duty of care is the responsibility to act in a reasonable manner to ensure the safety of others.
In a premises liability case, proving that the property owner owed you a duty of care is usually pretty straightforward, as property owners have a duty of care to ensure the safety of visitors to the property. However, the responsibility of the property owner does change depending on the type of visit. The three types of visitors to a property are invitees, licensees, and trespassers.
The duty of care for an invitee is the highest, with the property owner needing to warn the invitee of any potential hazards, as well as inspecting the property before the visit to eliminate potential dangers. The duty of care for a trespasser is the lowest. However, a property owner is not allowed to lay a trap for trespassers and owes them due care once their presence is known.
Breach of the Duty of Care
The next step in establishing negligence is proving that the property owner or occupant breached their duty of care. To do this, you will need to show that the liable party knew of a hazard on their property or reasonably should have known about it and failed to address the issue or warn you about it.
Damages
You must then show that you suffered damages. Medical bills and expert testimony from a medical professional are typically the best methods for proving your damages.
Causation
The final step in proving negligence involves showing how everything connects. You need to demonstrate that the property owner’s violation of their duty of care was the direct cause of the damages you incurred. An experienced lawyer can help connect the dots for the court.
Proving negligence is a critical step in most premises liability cases. If you lost a loved one due to the negligent actions of another party, an experienced Granby wrongful death lawyer can help get you the money you need and hold the liable party responsible.
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How Much Does a Premises Liability Lawyer Charge?
Unfortunately, far too often, accident victims fail to hire an attorney to help them get the money they deserve. The most common reason for this is a misconception that they can not afford legal help. While many lawyers charge their clients an expensive fee to retain their services along with a high hourly rate, that is not typically the case with personal injury lawyers.
At Claggett, Sykes & Garza, our team works on a contingency fee basis. That means we don’t collect payment from our clients unless we get them money from the party liable for their damages. If we are successful in recovering compensation, we will collect a single fee at the conclusion of your case, which will be assessed as a fixed percentage of the money you receive.
With this fee system, we are able to provide legal representation to our clients regardless of their financial situation. When you work with one of our premises liability lawyers, you can get the help you need without ever paying a penny out of pocket. Our team takes care of everything, including filing your claim before Connecticut’s personal injury statute of limitations deadline.
Premises Liability Cases Usually Settle Out of Court
When pursuing damages in a premises liability case, you need to know that these cases rarely go to trial. Most of the time, settling is going to be the best option for all parties. However, the fact that your case is likely to settle does not mean you should rush to do so. An experienced lawyer can negotiate favorable terms for a settlement deal and review any offers you receive.
If you are able to come to terms on a settlement deal, it will mean recovering compensation far more quickly than would be possible if you took your case to court. The liable party can benefit by avoiding any unwanted attention that could accompany a trial. Meanwhile, a settlement means retaining some level of control over your fate rather than leaving things up to a jury.
Despite the fact that your case is likely going to settle out of court, it is still critical that you prepare for a trial. Preparing for court will mean you’ll be ready if settlement negotiations fail and a trial becomes necessary. Furthermore, a willingness to take your case to trial will increase the likelihood of the opposition agreeing to favorable settlement terms.
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Get Help From an Experienced Premises Liability Attorney in Granby Today
After suffering injuries in a premises liability case, recovering damages from the responsible party can be vital for rebuilding your life. Hiring an experienced lawyer will significantly increase your chances of getting the money you need over trying to recover damages on your own.
At Claggett, Sykes & Garza, our team is always ready to go to trial if necessary to ensure a favorable outcome for our clients. Contact us through this website or by phone to set up your free case consultation today.
