How to File a Premises Liability Claim

Your premises liability claim begins by reporting the incident to the property owner as well as the property owner’s insurance provider. Once you notify the insurance company, your claim process will at least include submitting a demand letter and then negotiating a settlement.

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Submitting a Demand Letter

Demand letters are documents detailing the events leading to your accident, the circumstances that caused it, the evidence that the accident occurred, and that the property owner was liable.

Your demand letter not only states that you deserve compensation but also how much you deserve in compensation and why.

Submitting your demand letter begins the process of resolving the claim and getting compensation. Every demand letter should set the stage for negotiating a settlement. Primarily, your demand letter should maximize the value of your premises liability claim.

Your demand letter is ideally compelling enough that it establishes the strength of your case and helps you work towards an out-of-court settlement.

Negotiating a Settlement

Negotiating a settlement in any personal injury claim requires proving the value of your claim. But the insurer may try to devalue your claim. Establishing the value of your claim requires demonstrating the damages you suffered or will suffer due to the accident and resulting injuries.

While no two premises liability cases are identical, there are a few common damages for which most cases seek to recover compensation. S. Burke Law may seek compensation for the following damages on your behalf:

• Medical expenses: This can include short and long-term medical expenses.
• Lost wages: This can include your lost earning potential.
• Future costs: For example, you may require permanent medical care.
• Loss of consortium: This demonstrates the change in your lifestyle following your accident.

In addition, you may also claim pain and suffering as part of your settlement. Of course, this is a negotiation, so the insurance company may not automatically agree to your settlement. They may argue you had pre-existing injuries or that the property owner was not at fault.

If you cannot reach a settlement, you may file a lawsuit and begin the litigation process.

Litigation for  Premises Liability Claim

You will first file a complaint and the defendant will file an answer to it. This outlines each side’s position on the case.

Discovery

Discovery is a complex but vital portion of your premises liability case. Broadly, the process of discovery allows each side to collect the information relevant to the case. Both sides can request evidence during this process.

In many cases, discovery includes interrogatories and depositions which can be used in court.

Trial and Appeals

Each side presents their evidence in the trial before a judge and jury. The jury will decide whether to award you compensation for your damages and, if so, how much.

If either side is unsatisfied with the outcome, they may file an appeal. The appeal asks an appellate court to review the trial. If the appellate court finds any problem with the trial, it may send the case back to the trial court, among other possible outcomes you should discuss with your lawyer.

Call an Atlanta Premises Liability Attorney Today for Help with Your Claim

In many instances, the defendants in your case may not believe the accident was the property owner’s fault. Or they may feel your accident was not as severe as you claim. That is when hiring an attorney may be very valuable to your case.