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Some frequently asked premises liability questions

On Behalf of | Sep 16, 2021 | Premises Liability |

Premises liability injury claims can be difficult cases when the injuries are seemingly minor or moderate. However, what appears as an injury that is not so serious could later become a real problem for the victim. Some injuries take a long time to worsen, and many times they are permanent in nature when they do. Additionally, there is only a short amount of time to file a personal injury lawsuit for financial compensation in California. Here are a few questions that many injured parties may have concerning a claim.

Do I have an injury claim?

Just because an injury occurs on someone’s property does not mean that a claim is viable or available. There must be a reasonable duty of care owed to the injured claimant in addition to some element of negligence on the part of the owner or the property manager.

Can I file a claim if I am partly responsible for the injury?

California uses pure comparative negligence law in adjudicating premises liability cases when they go to court. Personal liability is often a primary defense in a premises liability claim when they are being negotiated, but even someone with 99% comparative negligence percentage can receive 1% of total damages.

What is the value of my injury claim?

One of the primary questions any injured party will have concerns what can be claimed. Typically, an injured plaintiff in a premises liability lawsuit can be financially reimbursed for medical bills, lost income when it applies, and general damages for pain and suffering or ongoing issues associated with the injury.

In addition to the potential compensatory damages, cases where gross negligence can be proven can result in punitive damages as well if the case goes to the jury. However, avoiding a trial is often good leverage for settlement.

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