Premises Liability Claims Process in Georgia
Navigate the premises liability claims process with Georgia’s go-to personal injury law firm.
Explore the key steps and legal nuances of the premises liability claims process in Georgia with Dressie Law Firm. Get expert insights and guidance for your case.
Understanding the Liability Claims Process in Georgia
Property owners and occupiers can be liable for injuries on their premises. For those injured on someone else’s property, understanding the premises liability claims process in Georgia is critical.
Filing a premises liability claim involves paperwork and complex personal injury laws. Injury victims may find proving negligence and dealing with insurance company negotiations overwhelming. If you were injured because a property owner failed to keep their premises safe, consider seeking legal help from an attorney to maximize your chances of obtaining compensation.
Dressie Law Firm is experienced in handling premises liability claims in Georgia. Our attorneys provide expertise in case review, claims filing, and representation during negotiations. Contact our experienced Atlanta premises liability attorney to find out how we can help.
Understanding Premises Liability in Georgia
Georgia premises liability occurs when you’re injured on someone else’s property. Owners are often liable for the injury if they fail to exercise reasonable care. This includes everything from failing to sound fire alarms to neglecting a tripping hazard.
There are many unique premises liability cases in Georgia. Slip and fall accidents are the most common, but others include defective elevator accidents, inadequate security, swimming pool accidents, submersion injuries, and dangerous conditions. Learn more about the different types of liability claims.
In Georgia, the property owner typically assumes liability for accidents on their premises. However, proving such liability requires establishing the owner’s negligence. This requires addressing duty of care, breach of duty, injury, and damages. The property owner is only liable if they breached their duty of care.
You must also prove the breach led to your injury, which resulted in damages. Victims are free to file a premises liability claim against property owners. Claims can be for unsafe conditions like inadequate fences. Others include building code violations, negligent overloading, escalator accidents, dog bites, and pool drain entrapment.
The Claims Process: Step by Step
Filling a premises liability claim involves various steps and processes and begins where the injury occurs. You’ll need to report the accident, seek medical attention, gather evidence, and launch a formal claim. Here are all the steps in typical premises liability cases:
Consulting an Attorney: Seeking legal help should be your first step. A premises liability attorney can help you through every step of the claims filing process, allowing you to focus on recovery. You need an attorney with knowledge of Georgia’s premises liability laws.
Identifying the Responsible Party: If the property owner breached their duty of care, they’ll be held responsible. However, some premises liability cases involve third parties like customers, drunk drivers, and pet owners. An attorney will help you identify the responsible party.
Gathering Initial Evidence: To win a premises liability case, you must prove the property owner’s negligence. This involves providing evidence of breach of duty, injuries, and damages. Possible evidence includes photos, witness statements, medical records, and video footage.
Calculating Damages: This step involves calculating the damages arising from the premises hazards. You can recover medical bills, lost wages, property damage, and emotional distress. Competent lawyers can help you get fair compensation for all damages.
Filing an Insurance Claim: Injury victims can file a formal claim with the liable party’s insurance company within the stipulated time. An attorney can help you fill out and submit all necessary paperwork for your Georgia premises liability case.
Negotiations with the Insurance Company: Once an official claim has been filed, your lawyer can enter negotiations with the property owner’s insurance company. The involved parties will then propose and counter each other’s deal. This goes on until an agreement is reached.
Pursuing a Premises Liability Lawsuit: If an agreement isn’t reached during negotiations, your lawyer may recommend going to court.
Proving Negligence in a Premises Liability Claim
In a premises liability claim, the negligent party is held responsible for the injuries and damages suffered. However, those injured must prove negligence in order to obtain compensation. A property owner can be found negligent if they fail to exercise ordinary care.
For instance, a property owner may fail to clean spillage or dry wet tiles on the entryway to their store. A visitor may then slip on the wet floor, leading to a hip or back injury. Because the property owner knew wet floors could cause such accidents, they’ll be liable for negligence. Another scenario is when an apartment complex owner fails to install adequate lighting in the stairway.
To demonstrate the property owner’s negligence, you must prove that a duty of care existed. Next, you’ll need to prove the owner breached that duty, which led to your injury.
Damages and Compensation
Premises liability lawsuits can be used to seek compensation for damages caused by an accident on someone else’s property. Medical costs and lost wages are the common economic damages recovered. You can also claim property damages and out-of-pocket expenses like litigation fees. Georgia’s premises liability laws also allow compensation for noneconomic injuries like pain and suffering.
However, the victim may be partially responsible for the sustained injuries. If that’s the case, the court will determine the extent of responsibility and reduce the awarded damages accordingly.
Modified comparative negligence often results in reduced compensation when the injured party contributed to their own injuries. According to OCGA § 51-12-33, plaintiffs may lose all rights to damages recovery if their negligence exceeds 50 percent. As such, injury victims need to prove the owner’s negligence and that there was no or minimal fault on their part.
How a Premises Liability Attorney Can Help
Premises liability laws can be complex. Proving cases like negligent supervision, unsafe conditions, lack of adequate security, or a vicious dog bite requires irrefutable evidence. Even slip and fall claims and defective elevator accident lawsuits that seem obvious require legal knowledge.
Enlisting the services of a lawyer allows you to focus on recovery while the professionals protect your interests. You can explore various personal injury cases handled by our lawyers to learn more about our services. Here are some of the top services lawyers offer and how they can help your case:
Case Review: Attorneys can review every detail to determine whether you have a viable case.
Evidence Gathering: The lawyer can gather evidence from the accident scene, expert testimony, and witness statements.
Legal Counsel: Premises liability attorneys can help you understand and navigate the legalities of your case.
Claims Filing: The lawyer will help you file an official claim, handle negotiations, and file a lawsuit if necessary.
Legal Representation: Attorneys can represent you throughout insurance claim negotiations and court proceedings.
Contact Our Premises Liability Claims Attorneys at Dressie Law Firm
Premises liability accidents can happen to anyone. It’s essential to know your rights, whether you’re a customer or visitor, under the express or implied invitation of the owner. Understanding the premises liability claims process can help you recover incurred damages.
Dressie Law Firm attorneys know Georgia Law and the premises liability claims process. Our lawyers have high success rates in helping injured clients secure fair settlements. Contact us today for a free consultation regarding your personal injury case.
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