The majority of
premises liability claims settle, as opposed to going to trial. However, the actual amount
of the settlement depends on a variety of factors.
Fortunately, there are steps you can take to strengthen your case and improve
your position in negotiations. The following are five helpful suggestions
that should help you work toward obtaining the most favorable outcome possible.
#1: Prove the “Casual Link”
In most cases, your healthcare provider must establish the link between
a premises’ defect and your injuries. However, physicians typically
do not like to take time out of their busy schedule to provide a deposition
to an attorney.
The best way to approach your physician about proving the link between
the property owner’s negligence and your injuries is during a scheduled
visit. Disclose the claim to your doctor, and ask if they are willing
to provide a letter which describes what injuries are attributable to
the premises’ defect.
#2: Prove “Notice” of Dangerous Condition
While proving a hazardous property condition existed is not often difficult,
it is harder to prove that the property owner had notice of the hazardous
condition. To succeed in your claim, you must either prove the property
owner had actual notice of the dangerous condition or constructive notice
of it, meaning it was present long enough for the owner to notice it.
The common ways to prove a property owner had notice of dangerous condition
include sworn testimony from someone who knows how long the defect existed,
video surveillance, and incident reports.
#3: Document Your Injury
Although your medical records can demonstrate the extent of your injuries,
keeping a journal in which you record experiences you have related to
your injuries can be extremely beneficial to your claim.
#4: Document Your Expenses
Keep a record of every expense you incur that relates to the injuries from
your accident. Any undocumented expenses may not be eligible for compensation.
#5: Hire a Lawyer
It is imperative to obtain legal representation from a lawyer who is experienced
in handling premises liability claims. He or she can thoroughly investigate
your case, take care of all the paperwork, and work tirelessly for you
while you make a successful recovery from injury.
If you suffered a serious injury due to a defect on someone else’s
contact our Austin personal injury attorney at
The Stewart Law Firm, PLLC today.