Your Premises Liability Lawyer Lexington, NC
Have you or a loved one been injured on someone else’s property due to negligence? Slips and falls, unsafe conditions, or inadequate security can lead to serious harm as well as mental and emotional stress. If a property owner failed to maintain a safe environment, they may be held accountable for your injuries. This is known as premises liability, and you may deserve compensation to help you recover.
A dedicated premises liability lawyer in Lexington, NC, can support your recovery. At Lewis & Keller, we understand the challenges you’re facing, and it is our mission to fight for the compensation our clients deserve. Book a FREE consultation today, and let us be your champions in seeking justice.
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Table of Contents
- What Is Premises Liability?
- What You Should Do After Getting Injured On Someone’s Property
- Common Causes Of Premises Liability Injuries
- Compensation You Could Be Entitled To
- How Much Are Premises Liability Claims Worth?
- How To File A Premises Liability Claim
- North Carolina Premises Liability Laws
- Why Hire A Premises Liability Lawyer In Lexington, NC?
- Consult A Lexington Premises Liability Lawyer
- Articles & Related Info
What Is Premises Liability?
Premises liability law holds property owners responsible for preventing foreseeable harm to those who enter their property. Depending on the type of visitor, owners owe varying degrees of duty of care. Depending on the liability holder, keeping this duty of care may include all kinds of safety procedures like regular inspections, hazard repairs, warning signs, and protective barriers. Unsafe premises that do not use these safety measures can lead to many kinds of injuries.
If you’ve been injured due to unsafe conditions on someone else’s property, you may have the right to pursue compensation for your medical expenses, lost wages, and other damages. Talking to a premises liability lawyer can help you understand your options and next steps.
What You Should Do After Getting Injured On Someone’s Property
If you’ve been injured on someone else’s property, you should take these steps:
- Seek Medical Attention Immediately: Your health comes first. Even if you feel fine, some injuries may not be immediately apparent. A medical evaluation creates a record of your injury, which can strengthen your case.
- Report the Incident: Notify the property owner, landlord, or manager as soon as possible. Request a written incident report and keep a copy for your records.
- Document the Scene: Take photos or videos of the area where the injury occurred. Capture any hazardous conditions that may have caused the accident, such as wet floors, broken stairs, or poor lighting.
- Collect Witness Information: If anyone saw the accident, gather their names and contact information. Witness testimony can provide valuable support for your claim.
- Avoid Making Statements: Be careful about what you say to the property owner or their insurance company. Do not apologize or speculate about the cause of your injury.
- Keep Detailed Records: Save all medical bills, receipts, and records related to your injury. These documents can help demonstrate the financial impact of the accident.
These steps can help you protect your claim and gather evidence. Working with a premises liability lawyer as you take these steps can help you gather and organize evidence to support your claim.
Common Causes Of Premises Liability Injuries
At Lewis & Keller, one of the most common causes of premises liability injuries is slip and fall accidents. These accidents can happen almost anywhere, from grocery stores and restaurants to parking lots and private homes. However, many other types of hazards and accidents can also lead to serious injuries.
Here are the many types of premises liability accidents that lead to injuries that our clients have experienced.
- Slip and Fall Accidents: Caused by wet floors, loose rugs, icy sidewalks, or uneven surfaces.
- Trip and Fall Hazards: Resulting from obstacles such as exposed cords, cluttered walkways, or broken stairs.
- Negligent Security: Occurs when inadequate security measures, like broken locks or poor lighting, lead to assaults or other criminal activity.
- Defective Property Conditions: Includes hazards like collapsing balconies, faulty elevators, or structural defects.
- Falling Object Injuries: Caused by improperly stored or unsecured items, leading to objects falling from shelves, ceilings, or scaffolding.
- Ladder and Scaffolding Accidents: Common in workplace or construction site settings, often due to faulty equipment or unsafe practices.
- Construction Site Hazards: Injuries caused by unsafe conditions on construction sites, including exposed wires, heavy machinery, and falling debris.
- Dog Bites or Animal Attacks: Often resulting from a property owner’s failure to restrain or control a dangerous animal.
- Fire and Electrical Hazards: Caused by faulty wiring, exposed electrical components, or lack of fire safety measures.
- Swimming Pool Accidents: Often linked to a lack of proper fencing, signage, or supervision.
- Exposure to Dangerous Substances: Dangerous substances like asbestos, lead, and mold cause many health issues. However, premises liability may not always cover every exposure.
Identifying the cause of your injury is an essential part of a successful claim. A premises liability lawyer in Lexington, NC, can use this information to build a compelling case for the compensation you may be entitled to receive.
Compensation You Could Be Entitled To
If you’ve been injured due to unsafe property conditions, you may be entitled to several forms of compensation. These damages aim to help cover both the tangible and intangible costs of your injury and recovery. Below are the key types of compensation you could pursue in a premises liability claim.
Medical Expenses
Medical expenses often make up the largest portion of a premises liability settlement. Compensation may cover:
- Emergency room visits
- Hospital stays and surgeries
- Medication and medical devices (e.g., crutches or braces)
- Physical therapy and ongoing treatment
Lost Wages
If your injury prevents you from working temporarily or long-term, you may recover wages lost due to missed workdays. This includes not only base pay but also bonuses, commissions, and other job-related earnings.
What Types of On-the-Job Illnesses Are Compensable?
While premises liability often involves accidents, certain illnesses caused by unsafe conditions, such as mold exposure or chemical exposure, may also be compensable if they impair your ability to work.
Loss of Earning Capacity
In cases where your injuries result in a permanent disability that prevents you from returning to your previous job or reduces your ability to earn a similar income, you may be entitled to compensation for loss of earning capacity. This often involves expert testimony to estimate future financial losses.
Pain and Suffering
In addition to financial losses, premises liability claims may account for the physical pain and emotional suffering caused by your injury. This includes factors such as chronic pain, trauma, anxiety, and diminished quality of life. However, medical expenses related to your injuries will be covered by specific medical damages.
Loss of Consortium
If your injury affects your relationship with your spouse or family—for example, by limiting companionship, affection, or emotional support—you may be able to pursue compensation for loss of consortium. The death of a loved one may also mean your case qualifies for a wrongful death claim. Consulting with a Lexington premises liability attorney can help you figure out which type of claim applies to your case.
Property Damage
If personal belongings were damaged during the incident, such as a phone, vehicle, or clothing, you may be entitled to reimbursement for repairs or replacement costs.
Out-of-Pocket Expenses
Other reasonable costs related to your injury—such as transportation to medical appointments, home care services, or over-the-counter medical supplies—may also be included in your claim.
Punitive Damages
In rare cases where the property owner’s actions were especially reckless, you may be awarded punitive damages. When these damages are awarded, it is to punish the responsible party and deter similar recklessness.
Legal Fees and Costs
If your case is successful, you may be able to recover legal expenses, including attorney fees, court costs, and filing fees. At Lewis & Keller, our premises liability attorneys work on a contingency fee basis, meaning we only get paid if you win your case.
Understanding the full scope of possible compensation available is essential to help ensure you receive a fair recovery for your injury. A skilled premises liability lawyer can evaluate your case and help pursue the maximum compensation you may deserve.
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How Much Are Premises Liability Claims Worth?
At Lewis & Keller, one of the most common questions we receive when it comes to premises liability claims is how much they might be worth. The truth is, every case is unique, and the value of a claim depends on several things, including the severity of the injury, the extent of your financial losses, and how negligent the property owner was.
Losses related to your injury—such as medical bills, lost wages, pain and suffering, and property damage—also help determine how much compensation you may be entitled to. Generally, the more severe the damages, the higher the potential recovery.
Calculating the full value of your claim can be complex, but you don’t have to do this alone. A lawyer can help you assess your damages, build a strong case, and pursue the maximum compensation available to you. Schedule a free case evaluation with one of our Lexington premises liability attorneys, and let us help you get through this.
Our Results Speak For themselves
$
7000000
Motorcycle accident resulting in paralysis.
$
3000000
Auto accident resulting in post traumatic stress disorder.
$
1393000
Workplace accident resulting in a traumatic brain injury.
How To File a Premises Liability Claim
If you’ve never had to file a claim, it can be intimidating not knowing where to start or the steps involved. Here’s an overview of the steps you’ll need to take to pursue your claim.
1. Seek Immediate Medical Attention
Prioritize your health by getting medical care as soon as possible. Not only is this important for your well-being, but medical records also serve as critical evidence for your claim.
2. Report the Incident
Notify the property owner, landlord, or manager of the accident and request an incident report. Make sure to request a written document. Establishing a paper trail can help strengthen your case.
3. Gather Evidence
Document the scene of the accident. Take photos or videos of the hazardous conditions that caused your injury. Collect contact information from witnesses and any other relevant details.
4. Consult a Lexington Premises Liability Lawyer
An experienced premises liability lawyer can evaluate your case, help you understand your rights, and guide you through the claim process. They can also help collect additional evidence, handle communication with insurance companies, and negotiate on your behalf.
5. File an Insurance Claim
In many cases, you’ll start by filing a claim with the property owner’s liability insurance provider. Before this step, you should consider hiring a lawyer who can present evidence of the property owner’s negligence and the extent of your damages. Additionally, a lawyer has the knowledge and skill to avoid the strategies insurance companies often use to reduce the value of a victim’s claim.
6. Settlement Negotiations
Insurance companies may offer a settlement, but initial offers are often lower than what you deserve. Your lawyer can negotiate to secure a fair settlement that accounts for all your damages, including medical bills, lost income, and pain and suffering.
7. File a Lawsuit (If Necessary)
If a fair settlement cannot be reached, you may need to file a lawsuit. However, this must be filed before the legal deadline, called the statute of limitations. In North Carolina, the statute of limitations for premises liability cases is generally 3 years from the date of the injury. Your lawyer can help you prepare your case and represent you in court if needed.Â
The length of time it takes for a premises liability lawsuit to settle is hard to define. Each case is different. Some cases may be settled in only a few months, while others can take years to reach a settlement.
8. Trial and Resolution
If your case proceeds to trial, a judge or jury will decide the outcome. However, many cases are resolved through settlement negotiations before reaching this stage.
Filing a premises liability claim can be overwhelming, but with the right legal support, you can focus on your recovery while pursuing the compensation you deserve. Contact Lewis & Keller for a free consultation to learn how we can help with your claim.
Will My Premises Liability Claim Go To Trial?
Most personal injury claims, including premises liability claims, are settled out of court. If your claim is prepared well, the insurance company may be inclined to settle during negotiations and avoid a lengthy lawsuit process. Working with a lawyer can help improve your chances for a fair settlement before going to court.
North Carolina Premises Liability Laws
It’s important to understand which of North Carolina’s premises liability laws apply to your claim so negligent property owners can be held responsible. However, rules like contributory negligence and different duties of care can affect your case. Here’s a simple breakdown:
- Contributory Negligence: If you are even 1% at fault for your injury, you might not be able to get compensation. A lawyer can help prove the property owner was fully responsible.
- Duty of Care to Visitors: Property owners owe different levels of care based on who their guests are. Invitees (like customers) are owed the most care. Licensees (like guests) should be warned of hidden dangers.
- Trespassing and Liability: Property owners hold different levels of responsibility depending on why someone is on their property. Generally, there is little responsibility owed to trespassers. However, property owners can be responsible if something dangerous, like an unfenced pool, attracts and harms a child. This is called the attractive nuisance doctrine.
- Landlord & Tenant Responsibility: Landlords must keep rental properties safe, especially in shared areas like hallways. If a landlord doesn’t fix a known danger, they can be liable for injuries. Tenants are also responsible for areas they control.
- Statute of Limitations: You have 3 years from the date of your injury to file a claim. If you miss the deadline, you may lose your chance to get compensation.
Understanding North Carolina premises liability laws can be complicated. If you have questions, contact Lewis & Keller for a free consultation.
Why Hire A Premises Liability Lawyer In Lexington, NC?
Hiring a premises liability lawyer can significantly improve your chances of recovering compensation after an injury. Here’s how a lawyer in Lexington, NC, can help you:
1. Understand Local Laws
Premises liability laws in North Carolina, including rules like contributory negligence, can be complex and difficult to navigate on your own. A lawyer familiar with the legal system in Lexington, North Carolina, can help you understand your rights and how these laws apply to your case.
2. Prove Property Owner Negligence
To win your claim, you’ll need to prove that the property owner’s negligence caused your injury. This involves gathering evidence, such as accident reports, witness statements, and photos of unsafe conditions. An attorney can build a strong case by thoroughly investigating the circumstances of your accident.
3. Maximize Your Compensation
Insurance companies may try to minimize your settlement or deny your claim altogether. A premises liability lawyer knows how to negotiate with insurers to seek fair compensation for your medical expenses, lost wages, pain and suffering, and other damages.
4. Handle the Legal Process
Filing a premises liability claim involves many steps, including meeting North Carolina’s 3-year statute of limitations, filing paperwork correctly, and negotiating with insurance companies. A lawyer will handle these tasks, giving you more time to focus on your recovery.
5. Provide Support and Guidance
The aftermath of an injury can be overwhelming. Having an attorney on your side provides peace of mind, knowing that someone is advocating for your best interests. Your lawyer can answer your questions, guide you through the process, and fight to protect your rights.
Our Lexington Premises Liability attorneys
Consult a Lexington Premises Liability Lawyer
At Lewis & Keller, our experienced premises liability lawyers in Lexington, NC, are ready to guide you every step of the way. We will fight for the compensation you need to cover medical bills, lost wages, and other damages caused by unsafe property conditions. It is our mission to be a champion for our clients, meaning we fight with everything we have on your behalf. Don’t wait to get the help you deserve. Contact us today for a free consultation, and let us be your advocates in seeking justice and recovery.
