Whenever someone else opens their property to you, they take on a duty of care to act reasonably under the circumstances. They do not need to guarantee against all accidents. However, they can be legally responsible in a premises liability lawsuit if their unreasonable lack of care was the cause of your injuries.
You must file a premises liability claim to get started recovering what you may be owed. Horton & Mendez are a team of premises liability lawyers in Jacksonville, NC that can represent you when someone else’s carelessness has harmed you on a commercial property. Call us today to discuss your case and learn your legal options.
What Is a Premises Liability Case?
A premises liability case is any type of injury that you suffer on the property of another. While the most common type of premises liability case is a slip and fall, there are numerous other types of accidents that can harm you, including:
- Dog bites
- Elevator accidents
- Negligent security and physical assaults
- Swimming pool accidents
- Parking lot accidents
- Stairwell falls
- Falling debris
No matter what type of accident is involved, the legal standard in a premises liability case is negligence. You are the one who has the burden of proof that you must meet in order to win your case.
Statute of Limitations for a Premises Liability Case in North Carolina
In any personal injury action, like a premises liability claim, you have a strict deadline as to when you may be able to file a legal action. After that time, your right to file a case goes away completely.
This deadline is known as the statute of limitations. In North Carolina, the premises liability statute of limitations says you usually have three years from the date that you were injured to file. In most cases, you would only come close to the statute of limitations if you have tried to negotiate with the insurance company and failed to reach an agreement.
Regardless of how much time you may have to file a lawsuit, you should never wait to begin the legal process. Evidence may disappear, and your case could become harder to prove the more time passes.
Possible Defendants in a Premises Liability Case
The owner of a property is usually the one who is responsible for a premises liability case. In some cases, the owner has leased the property to a tenant. In that case, the party who has control of the property is the one who must pay for your damages. There are times when you may be able to sue both the owner and the tenant.
You may also be able to sue a third party who created the dangerous condition on the property.
Your attorney’s job is to research your case to find all possible defendants. They will investigate your accident and determine the right party to sue. It may be in your interests to join as many possible defendants as you can to your case because it gives you more insurance coverage to pay for your damages.
How Insurance Companies Try to Deflect Blame for Your Premises Liability Case
Insurance companies have a number of tactics that they will try to use to keep you from getting the compensation to which you are entitled.
The primary weapon in their arsenal is to try to shift the blame to you for what happened. For example, if you were injured in a slip and fall accident, they will claim that you were hurt because you were not careful. They know that they can either avoid paying you whatsoever or they can cut the amount that they owe you.
Another tactic is to claim that a third party was to blame for the accident. If you are suing the owner of the property, the insurance company may argue that someone else had control and they are the proper defendant.
The insurance company may also do everything to minimize the severity of your injuries. They may claim that it was “just a fall,” knowing full well that a fall can cause serious injuries and change the course of your life.
Thankfully, the insurance company does not get the final say in your case. If they are wrong or are overplaying their hand, you can always take your case to court and have the jury make a final decision. Your legal rights are in your hands and not in the insurance company’s.
How the Lawyers at Horton & Mendez Can Help You
You can always expect a battle from the insurance company, no matter what.
They will not respect you on your own because they do not fear you. When they see that you have an experienced attorney fighting for your rights, they may begin to sing a different tune.
Our attorneys never stop going to the mat for you, from the beginning to the end of your case. At Horton Mendez, we do the following when you have been injured in a premises liability accident:
- Investigate your accident to determine responsible parties and gather evidence
- Determine the most effective possible route to compensation
- Prepare your claim or lawsuit, including the necessary proof and quantifying your damages
- Negotiate with the insurance company to secure a fair settlement
- Argue your case in court if the insurance company will not pay
There are many details in the legal process that need to be handled both timely and effectively. Only an experienced premises liability lawyer can represent you in an aggressive yet sensible manner. You can hire an injury attorney in Jacksonville, NC today without needing to spend any of your valuable resources from your own pocket.
Contact a Premises Liability Attorney in Jacksonville, NC
If you have been injured in any type of accident, you need legal representation today. The attorneys at Horton & Mendez are standing by and ready to help.
First, you need to reach out to us for an initial consultation. Once you hire us, we will go straight to work on your behalf. Call us today at 910-405-7751 or send us a message online to schedule a time to speak with an attorney. This call is one that you cannot afford to delay because any type of wait can cost you a significant amount of money.