Text Us!

Handling Personal Injuries Sustained on Another’s Premises

Posted on

Premise liabilities are cases involving the negligence of property owners when maintaining the environment of their property. If you find yourself in a case where you have sustained a personal injury due to the hazardous conditions on another’s property, then you need to seek legal counsel as soon as possible.

Be aware of the steps you must take to help reinforce your case of reimbursement. Document everything and keep copies as well. The more thorough you are on details of the incident and of keeping records of it, the likeliness of receiving your settlement becomes higher.

What Is a Personal Injury Lawyer?

 

Before you can understand what a personal injury lawyer is, it is important to first understand what is encompassed by the term “personal injury.” A personal injury is an injury to the body, mind, or to one’s emotions. Part of the job of being a personal injury lawyer, a representative who represents you and your best interests concerning injuries you or someone you love has sustained, is as follows:

  • Filing legal complaints;
  • Offering legal advice;
  • Preparing legal documents; and
  • Representing their client in court.

There are times where a personal injury lawyer will settle out of court on behalf of their client. However, if an agreement cannot be reached between the plaintiff and the defendant, the case must be settled in court.

In general, those employed in the personal injury field are dedicated to bringing justice to their clients.

What to Do When Injured On Another’s Premises

 

If you find that you’ve sustained injuries while on someone else’s property, do the following right away:

  • Seek immediate medical attention. Sometimes, outward injuries could take weeks to appear and you cannot be sure of internal injuries without being examined.

 

  • Take photographs, capturing the moment as soon as possible. You want the pictures to display the dangerous conditions that lead to the injury.

 

  • Gather information on those present and of the property owner, and preserve clothing evidence.

 

  • File an incident or police report.

 

  • Keep records of medical expenses; you may be eligible for reimbursement of medical bills and lost wages.

 

  • Before signing anything, obtain legal advice. Do not sign anything the property owner or the insurance agency brings to you until it has been reviewed by your attorney. Along with this, your representative should use professional, outside sources when examining the place the incident occurs.

Establishing Negligence

 

When injured on another person’s property, it is important that you prove the duty of care owed by the defendant to you, the plaintiff, the defendant’s breach of duty by a negligent act or omission, and the damage resulting from the breach of duty.

If you are unable to prove that you are owed duty of care, then it is possible for the defendant to have your case thrown out of court. The scope of duty of care is determined based on the status or classification of the person injured at the time of his or her injury. In South Carolina, there are four general classifications that are acknowledged:

  • Adult trespassers, which have minimal duty.

 

  • Invitees, who have a highest duty. Invitees are on the property for the benefit of the landowner and the landowner has a duty to warn any invitees of all dangers that can be waiting.

 

  • Licensees, which have a lesser duty.

 

  • Children, who also have a highest duty.

 

Avoiding Hazardous Conditions on Another’s Property

 

There are simple ways to refrain from injuring oneself on another person’s property. First and foremost, always remain aware of your surroundings. If something looks unsafe, then avoid it and keep it in mind. Later, you could report the hazard to the property owner and possibly prevent potential injuries. If you believe an area to be unsafe, then do not enter the property until the hazard has been resolved.

Maintain Your Own Property

 

If you are a business owner or homeowner, you also have a responsibility to safely maintain your property. You are responsible for anyone who enters the premises or visits your property. If there are dangers that may cause anyone injuries, whether they are invitees or not, they must be taken care of or acknowledged, and anyone on the premises must be warned. This is to protect you from a personal injury lawsuit resulting from injuries on your property.

When Is the Right Time to Hire a Personal Injury Lawyer?

 

It is imperative that you hire a personal injury lawyer as soon as possible. As soon as you are able to contact one following the incident that caused you injury, the more at ease you will feel having realized that the professionals that you’ve hired will take care of the stressful situation in your steed. Do not wait to seek legal counsel. By doing so you decrease your chances of your case holding up in court as well as potentially whittle down your settlement.

Do keep in mind that cases like these have a statute of limitations. Statute of limitation are the time limits placed on the amount of time you have to file your claim. This begins as soon as the accident or incident that causes the injuries occurs, and typically ends in three years. The reason it is so important to file within the statute of limitations is because, as we age, our memories deteriorate and alter. This may present the difficulty of creating a solid case to present to the court – therefore it is in your best interest to seek legal representation immediately.

Premises Liability Representation in South Carolina

 

At the Elrod Pope Law Firm, we make it our mission to provide you or someone you know with the individualized help you require following a personal injury. Whether it is due to the negligence of a property owner or any other way that you have sustained your injuries, we want to assist you in receiving the settlement you are rightfully owed.

To learn more about personal injuries, and to get in touch with a dedicated Rock Hill personal injury attorney who can help you, contact us online or call us today.

Get in touch with us today to get started with your FREE case review. We’re only a call, click, or short drive away.

*Disclaimer* The information contained in this Website is provided for informational purposes only, and should not be construed as legal advice on any subject matter. No recipients of content from this site, clients or otherwise, should act or refrain from acting on the basis of any content included in the site without seeking the appropriate legal or other professional advice on the particular facts and circumstances at issue from an attorney licensed in the recipient’s state. The content of this Website contains general information and may not reflect current legal developments, verdicts or settlements. The Firm expressly disclaims all liability in respect to actions taken or not taken based on any or all the contents of this Website.

Any information sent to The Firm by Internet e-mail or through the Website is not secure and is done so on a non-confidential basis. Transmission of information from this Website does not create an attorney-client relationship between you and The Firm, nor is it intended to do so. The transmission of the Website, in part or in whole, and/or any communication with us via Internet e-mail through this site does not constitute or create an attorney-client relationship between us and any recipients.

Some links within the Website may lead to other web-sites, including those operated and maintained by third parties. The Firm includes these links solely as a convenience to you, and the presence of such a link does not imply a responsibility for the linked site or an endorsement of the linked site, its operator, or its contents.

This Website and its contents are provided “AS IS” without warranty of any kind, either expressed or implied, including, but not limited to, the implied warranties of merchantability, fitness for a particular purpose, or non-infringement.

Furthermore, The Firm does not wish to represent anyone desiring representation based upon viewing this Website in a state where this Website fails to comply with all laws and ethical rules of that state.

E-production, distribution, republication, and/or retransmission of material contained within The Firm Website is prohibited unless the prior written permission of The Firm has been obtained.

Any results achieved on behalf of one client do not necessarily indicate similar results can be obtained for other clients.

Fee Disclosure: If your case is taken on by the firm, the fee arrangement will be a percentage of the final value of the case as follows: up to 40% for litigation, 35% for pre-litigation, and 33% for workers comp. This calculation will be done before the deduction of expenses. Additionally, the client will be responsible for the expenses resulting from the case.