A premises liability attorney can help if you’ve been injured on someone else’s premises. But what if the injury you sustain is catastrophic? Whether you’ve suffered organ damage, a fractured spine, or a traumatic brain injury (TBI), the effects can be life-altering and devastating. You need a premises liability lawyer like the ones at The Law Offices of Jacob Emrani. We understand the unique nature of catastrophic injuries and how to build your case, hold the other party responsible, and ensure you are fairly compensated.
What Is a Catastrophic Injury?
A catastrophic injury is a severe and traumatic injury that leads to a long-term or permanent disability. It has a major impact on a person’s physical, emotional, and financial well-being. A TBI, spinal cord injury, loss of limbs, or a severe burn can be considered catastrophic. Aside from intentional acts of violence, such an injury can result from a slip and fall, using a defective product, or a construction site accident.
Other potential causes of catastrophic injuries include the following:
- Wet floors
- Loose carpets
- Animal bites
- Broken steps
- Damaged/missing handrails
The Legal Concept of Premises Liability
In California, property owners must maintain safe conditions on their premises. They’re required to take steps any reasonable person would to ensure someone who enters their property is safe. Otherwise, an accident can occur. If it causes catastrophic injuries, our experienced premises liability attorneys can work with you.
How a Premises Liability Lawyer Can Help
The legal process has many steps, from gathering evidence to negotiating with insurance companies to settling. Your personal injury lawyer is experienced in fighting for maximum compensation. But first, they must show the other party was negligent. In California, the basic elements of establishing premises liability include the following:
- The property owner owed the injured party a duty of care.
- The property owner failed to address a hazardous condition or otherwise fulfill their duty.
- The hazard was the direct cause of the catastrophic injury.
- The injured party suffered damages (i.e., medical expenses, pain and suffering, lost wages, etc.)
California’s doctrine of comparative negligence must also be considered in a personal injury case. Under this doctrine, the injured party’s compensation can be reduced proportionately to their level of responsibility for an accident. Some comparative negligence states cap the amount of fault at 50%. However, California is a pure comparative negligence state, meaning if your level of fault is 50%, compensation can be reduced by half, but if you’re 60% at fault, you can still receive 40% of the compensation you would receive with no fault.
The Legal Responsibilities of Property Owners
As mentioned above, property owners have various legal responsibilities. A premises liability attorney must show whether a property owner exercised a duty of care to visitors, customers, and other invitees and either removed or warned of any dangers. Repairs and proper maintenance (including inspections) are also considered.
A Premises Liability Lawyer’s Role in a Catastrophic Injury Case
When you or a loved one has suffered a catastrophic injury, the path to a legal remedy is often complex. Fortunately, an attorney specializing in premises liability law has the resources to protect your rights and receive compensation. Their role consists of the following elements:
- Legal Representation: Your attorney works tirelessly to protect your rights and handles all communications with insurance companies, the defendant, and their legal team. They advocate for your rights to maximize the chances of achieving a favorable outcome.
- Knowledge and Expertise: An experienced attorney’s knowledge enables them to navigate each case based on its specific circumstances. They can apply their expertise to build a strong legal strategy that focuses on reaching a fair settlement for you.
- Investigation/Evidence: Your premises liability attorney knows the evidence needed to support your claim. This includes medical records, photographs, videos, and witness statements. Obtaining some evidence may require legal steps your lawyer can follow effectively.
- Hold Responsible Parties Accountable: Property owners, property management companies, and government entities can be held accountable in a premises liability case, depending on the circumstances.
- Work Within the Statute of Limitations: In California, you have two years from the date of the incident to file a lawsuit. The process can take time, so you need to hire a premises liability lawyer as soon as possible.
- Legal Strategy: Every premises liability case has a unique set of circumstances, so it requires a specific legal strategy. Your attorney develops a plan by analyzing the evidence, assessing liability, and determining the full extent of the damages.
- Negotiation: While insurance companies aim to minimize payouts, a skilled lawyer can negotiate on your behalf. They have the communication skills to fight for a fair settlement, no matter how many rounds of negotiations it requires.
- Trial: Most accident cases end in a settlement. However, if negotiating doesn’t lead to a favorable catastrophic injury settlement, your attorney can take the case to trial. They represent your interests and advocate for your fair compensation in the courtroom.
- Compensation: A premises liability lawsuit can result in compensation for economic damages, including medical expenses, lost wages, and reduced earning capacity. You can also be compensated for non-economic damages like pain and suffering, while if the property owner is found extremely negligent, punitive damages may be awarded by the court.
What to Do After a Premises Liability Accident
If you’ve suffered a catastrophic injury, obtain medical care immediately. It can mean receiving life-saving treatment and getting definitive proof your injuries were caused by the accident.
If unable to do so, have someone else take photos or videos of the scene. A perspective of the hazardous conditions that caused your injury can help a premises liability lawyer build your case. The surroundings should be well-documented, and the date and time of the incident noted. Property owners or managers should be provided with a detailed account of the incident as soon as possible.
Contact a legal representative right away. The faster you do, the sooner they can evaluate your claim and start building an effective catastrophic injury case.
Call Jacob Today
At The Law Offices of Jacob Emrani, we can help when you need a catastrophic injury lawyer. A severe injury may require extensive medical treatment, multiple surgeries, ongoing care, medical devices/equipment, and home modifications. It can also leave you unable to work and earn an income. We’ve recovered millions of dollars in damages and our premises liability attorneys can help if you or a loved one has suffered a catastrophic injury. Call (888) 970-1338 today to set up your free case evaluation.