Compensation in Premises Liability Cases

Dressie Law Firm is your guide to recover compensation for your premises liability claim.

Explore the intricacies of compensation in premises liability cases with Dressie Law Firm. Learn about your entitlements and how to secure them.

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How Much Compensation Are You Eligible For?

Getting injured on someone’s property could see you taking home a considerable settlement, and you have Georgia’s premises liability law to thank. This law holds property owners liable for injuries occurring on their property and places no caps on how much you can recover.

Premises accident injuries could result from anything from a slip and fall to electrocution or drowning. The injured person has the legal right to seek compensation through a premises liability claim. The compensation covers medical expenses, lost income, and physical therapy, among other damages.

Dressie Law Firm prides itself in being a beacon of hope for injury victims. We’ve helped hundreds across Georgia file successful claims and get their deserved compensation. Today’s post highlights what to know about compensation for your premises liability case.

    Understanding Premises Liability

    Premises liability is a legal concept that applies in many states. It holds property owners liable for injuries occurring on their premises. Under OCGA Code § 51-3-1, the property owner is responsible for keeping their visitors safe from dangerous conditions on their property. The owners will thus be held liable for any harm or serious injuries to their invitees. Liable parties in Georgia premises liability cases include:

    • Property owners

    • Property managers

    • Property occupiers

    • Business operators

    • Security companies

    • Government entities

    • Contractors and construction companies

    The level of duty of care the property owner owes you depends on what type of visitor you are. Georgia recognizes three types of visitors in that regard. They include:

    • Invitees– Owed the highest duty of care. Examples include customers, diners, house guests, and students in an institution.

    • Licensees– Owed an intermediate level of duty of care. Licensees include personal visitors and guests who are not invited by the owner.

    • Trespassers– Owed the lowest duty of care. They enter someone else’s property without express permission.

    What Types of Compensation Am I Eligible for in Premises Liability Cases?

    You may be wondering what type of compensation you may be eligible for. After getting hurt on someone’s property, your compensation depends on two factors. First is the type of premises liability accident, and second is the extent of your injury. Your compensation may cover any of the following:

    Medical expenses

    Your settlement will cover all medical bills associated with your injury. This coverage is beneficial for liability accidents that result in serious injuries. Such injuries need extensive medical care that could strain the injured victim’s finances. Compensation from the claim caters to:

    • Initial medical treatments (first aid)
    • Prescription medication
    • Hospitalization costs
    • Physical therapy and rehabilitation
    • Assistive devices and medical equipment
    • Long-term care and home modifications

      Lost wages and earning capacity

      It’s not uncommon for some injuries to compromise your ability to work. This usually results in a loss of earning capacity and income. But your premises liability settlement can help you stay afloat. The property owner’s insurance company will reimburse all wages lost during recovery.

      Pain and suffering

      Pain and suffering compensation attaches a monetary value to the physical and emotional pain you suffered. It takes into account the severity and duration of the pain.

      Factors Influencing Compensation Amounts

      Besides the types of damages, there’s also the issue of your compensation amount. Here are a couple of factors that determine your settlement amount:

      The severity of the injury

      For starters, the court will consider how bad your injury is. Minor injuries attract lesser compensation amounts. The converse is true about major injuries. Injuries like spinal cord trauma and permanent brain injuries attract hefty settlement amounts.

      Long-term impacts and disabilities

      Sometimes, injuries sustained in premises liability accidents have long-term repercussions. Long-term impacts may include both temporary and permanent disability. Other long-term impacts are loss of mobility, vision, and disfigurement. Such impacts fetch larger settlement amounts in premises liability cases.

      Liability and Negligence

      The property owner also plays an integral part in determining the compensation amount. The court will examine how negligent the property owner was before the accident. You’ll get a higher compensation if the property owner knew about the hazard but intentionally ignored it. The compensation amount may also vary with the level of duty the property owner owes you.

      Modified Comparative Negligence

      A premises liability claim isn’t as easy as proving negligence and taking home the loot. In practice, it’s much more complicated, especially with the modified comparative negligence rule. Modified comparative negligence determines compensation eligibility and amount based on the involved parties’ fault.

      In Georgia, a personal injury claim is void if the injured party shares more than 49% of the fault. The court also awards compensation based on your fault percentage. The more at fault you are, the less compensation you receive. Exceed 49%, and you go home with nothing.

      Common Challenges in Premises Liability Cases

      Any experienced premises liability lawyer knows that premises liability cases are no cakewalk. The biggest hurdle with such cases is proving liability and negligence. The injured victim must prove that the property owner neglected their duty of care. Furthermore, they should show that this negligence directly resulted in their injuries. Dog bites are among the hardest injuries to prove in a personal injury case.

      Moreover, dealing with the property owner’s insurance company is nerve-racking because:

      • These companies often have adjusters whose primary responsibility is to scrutinize your claim.
      • They will offer the lowest possible settlement amount or try to deny your claim.

        How a Premises Liability Attorney Can Help

        Liability claims may be complex, but they’re nothing to an experienced lawyer. The right Atlanta premises liability attorney can help you recover maximum compensation. Here’s how our attorneys can help you:

        • Inform you of your rights

        • Investigate the accident and collect evidence, including witness statements, maintenance history, and accident scene photos

        • Determine liability and identify the parties responsible for your injuries

        • Handle all communications with the property owner’s insurance company

        • Negotiate with the insurance company for a considerable settlement

        • Help you file a premises liability lawsuit should negotiations fail

        Leave Your Premises Liability Case to the Pros

        Working with an experienced attorney can enhance your chances of winning a premises liability case. Our exemplary track record proves our experience in premises liability claims. Let us help you secure the maximum compensation for your personal injury case.

        Contact us today to schedule a free consultation!

        The Dressie Law Firm Can Help You

        If you or a loved one is a victim of a reckless or negligent driver, we want you to know that the law is on your side and so is the Dressie Law Firm.

        Contact us today to schedule your free consultation!