How Can a Wisconsin Premises Liability Attorney Help You?
Did you know that 97.9 million Americans make emergency department visits because of unintentional injuries yearly? These individuals sustain their injuries at home, work, or on business premises.
So, if you’re involved in an accident on someone else’s property and suffer significant injuries, you may incur hefty medical bills. You may miss out on work for a long time. To receive the compensation you deserve, seek the help of a reputable premise liability lawyer. Such professionals can make a significant difference in the outcome of your case.
Do you want to recover the damages from injuries you’ve sustained from your accident? Here are a few ways the services of a premises liability attorney can be helpful.
You’ll Receive Higher Compensation
The stressful aspect of a premises liability case, is seeking compensation from the at-fault insurance company. This is usually a straightforward process. Yet, most insurance companies will find ways to reduce or deny your rightful claim.
If the insurance company approaches you first , don’t accept their initial offer. First, discuss it with your lawyer. Premise liability attorneys know your rightful claim. Thus, they’ll negotiate with the insurance company on your behalf. In such cases, the aim is to get the insurer to agree to a fair settlement.
They’ll Help Determine Liability of the Case
Premise liability laws vary across states. But, one thing that stands out is that property owners ought to maintain a safe environment for visitors. Yet, this doesn’t mean that the property owner is always to blame if someone sustains injuries in their premises.
In cases where the injured party acted negligently, the property owner won’t be held responsible. So, when you seek the assistance of the best premises liability attorney after being injured, they’ll begin by accessing your claim and advise whether the owner is at fault.
If you’re on the wrong, they’ll recommend that you drop your charges as you’ll likely lose your case.
They’ll Help Investigate Different Aspects
If you sustain injuries that need hospitalization, your lawyer will help. He will take the initiative of investigating your case while you focus on recovery. Evidence is essential in such cases because you have to prove that your accident resulted from the defendant’s negligence.
To ensure that you get your rightful compensation, an experienced lawyer will gather information like pay stubs at your job. They will get pictures of your injuries. They will get your medical record and accident report. They may even go further and seek the help of expert witnesses to help you win your case.
Let an Experienced Premises Liability Attorney Help!
Accidents can happen when you least expect. But if it’s due to someone else’s negligence, you must fight for your right to receive fair compensation. The compensation is for the injuries you sustain. To ensure that your right is protected, you’ll need to seek the assistance of a premise liability lawyer.
Have you recently been injured on someone else’s property and looking to receive fair compensation? Talk to us today, and get a premises liability attorney who will help protect your rights.
What Should I Expect From My Premises Liability Lawyer in Milwaukee?
Have you recently sustained an injury because a property owner failed to maintain the premises? Are you unsure if you have the right to sue the person for your damages? Are you looking for an auto accidents attorney or premises liability attorney to help you with your case?
Some of Wisconsin’s most commonly filed injury cases involve premises liability and auto accident claims. Premises accidents happen when objects fall and hit someone, or when you trip inside a grocery store.
If this sounds like something you are going through, you will want to continue reading below. In this brief guide, we will cover what you can do in the event of a personal injury incident, and who you can contact for more information.
What Is Premises Liability?
Property owners, managers, landlords, and others responsible for property maintenance must keep their property free from potentially dangerous conditions. These people also have a duty to inspect the property to discover and take care of any hazards that can harm visitors or customers.
To prove negligence, an injured person will need to show evidence that there was a dangerous property condition that the property owner should have known or knew about. Property owners can try to deny their liability, but they could be held liable if the hazard had been discovered upon an inspection.
Comparative Negligence and Other Premise Liability Defenses
Businesses in premises liability cases always blame the victim for their own injuries. They will argue that the dangerous condition was open and obvious enough for a reasonable person to avoid.
In Milwaukee, even if the other party claims you’re partially at fault for the accident, that doesn’t mean you lose the entire case. If you are less than 51% liable for the incident in Wisconsin, you can still recover money from the business. So if the court finds you are 20% responsible for the incident, you can still recover 80% of your damages.
Duty of Care
Another defense a company may claim is that they did not owe you a duty of care. They can say there was no reasonable foreseeable that a person would be on the property near the hazard. Some may argue they did not have a reasonable amount of time to take care of the condition.
Types of Premises Liability Accidents in Milwaukee
One of the most common premises liability accidents is slip and fall incidents. Other types of premises liability accidents are dog bites and poorly maintained sidewalks.
Not many people know that they can hold property owners responsible for crimes committed on the property. This is especially true if a similar crime continues to happen repeatedly. If the property owner did nothing to improve the security and safety of those on the premises, you might hold them accountable.
Slip and Fall Accidents
Slip and fall accidents occur due to slippery or unkept surfaces. Property owners must maintain their outdoor and indoor areas to prevent guests from falling due to rain, ice, cleaning products, and anything else that can create a fall hazard.
Poorly Maintained Sidewalks
Whether you are visiting someone’s house or a business, property owners must ensure their sidewalks are well maintained. Failure to maintain sidewalks causes people to trip and fall which can result in an injury.
In Wisconsin, if a dog bites you, the dog owner is responsible for all damages caused by the dog. The dog can get by with one bite on their record in other states, but not in Wisconsin. Dog bites are not the only way a dog can hurt someone. They can also cause severe injuries if they knock someone over.
If you’re shopping in a store and the aisle shelves fall and hit you, you can create a claim against the property owner. Improperly stocked shelves, overstocked shelves, and loose fixtures can cause customers getting hurt. These types of accidents often happen in retail businesses.
Types of Premises Liability Injuries
The type of injury one will sustain depends on the type of accident one gets into. For example, if you got into a car accident, you could have whiplash or other type of head injury.
If you do get into an auto accident, you should speak with an auto accident attorney to help you through the process. The most common injuries seen in premises liability cases are neck and back injuries and head injuries.
Other types of injuries:
- Soft tissue injuries
- Nerve damage
- Burn injuries
- Internal organ damage
This list is not entirely inclusive of potential premises liability injuries. As stated earlier, depending on the type of accident you get into, you may have more severe injuries.
What Types of Damages Can I Recover?
When you file a premises liability claim, you will work with an adjuster from the business’s insurance company. The adjuster will ask you about what happened, and they will gather evidence before they make their decision. If they find they are responsible for your injuries, they will likely pay for your medical bills.
Other damages you can recover:
- Lost wages
These damages are economic. This means they are damages with a direct dollar amount. Your cost of treatment has a price tag that the insurance company can pay, unlike non-economic damages.
Non-economic damages are damages that you can’t put a price tag on. For example, you can’t calculate an exact amount of money to pay for someone’s pain and suffering like you can with a medical bill.
Other non-economic damages:
- Loss of enjoyment
- Loss of consortium
- Physical pain
- Emotional distress
Because these damages are a bit harder to negotiate and put a price on, you may want to consider speaking with a premises liability lawyer in Milwaukee or an auto accidents attorney about your case. They have experience with cases similar to yours, and they can help you with what to expect during a premises liability case.
How to Find the Right Attorney
Even though you can handle a premises liability claim on your own, it may not be a good idea to go at it alone. These insurance companies have their own legal teams to protect their interests. To ensure your interests are also protected, you may want to partner with a reputable attorney.
Ask for Referrals
A reliable friend or family member is an excellent source of information. If you know someone who recently filed a premises liability lawsuit, you can ask them about their relationship with their attorney.
What type of concerns did they have? Would they recommend working with that attorney? You can always use the internet if you don’t know someone who recently went through the premises liability claim process.
Check Their Reviews
If you’re looking online for an attorney, check their reviews. Don’t just take the online testimonials on the attorney’s website for their word; check out other forums.
Google and the Better Business Bureau are excellent resources for learning more about a law firm. You can see what clients liked or did not like about working with certain law firms on those two sites.
You want to make sure you are comfortable with your attorney before taking them on. Most attorneys offer free case evaluations before they take you on as their client. During the initial consultation, get a feel for the office.
Check out how the office staff treats you and how the attorney makes you feel. Ask if the attorney will handle your case personally or if another attorney will take over.
It isn’t uncommon for attorneys to enlist the help of their paralegals and other staff members to accelerate your case. If the attorney is nonchalant about your case and is dismissive, you may want to look elsewhere.
Most attorneys operate on a contingency fee basis, but others don’t. Some may require a retainer fee or pay throughout the case.
Most reputable premises liability lawyers work on a contingency fee basis. This means that if your case does not win, you won’t have to pay anything. If the case goes in your favor, your attorney will deduct their fee from your settlement amount.
Premises Liability and Auto Accidents Attorney
You might be entitled to compensation if you or someone you love was wrongly injured due to unsafe public premises or an auto accident. Instead of dealing with insurance companies on your own, you can enlist help from a reputable premises liability and auto accidents attorney.
Contact us now for a free, no-obligation case evaluation. Our team of experienced premises liability lawyers in Milwaukee will ensure your rights are actively protected during the case process.
Premises Liability Claim FAQs | Accident & Injury Lawyers
Get answers to frequently asked questions on premises liability claims in Wisconsin. Learn how Check Law LLC’s Premises Liability Attorneys can help.
A person injured on property belonging to someone else is allowed under Wisconsin law to file a premises liability claim for damages from that property’s manager or owner. In these relatively common legal actions, your premises liability attorney must prove fault and demonstrate that the property manager, occupier, or owner was negligent and that their negligence caused your injuries.
Since there are various types of premises liability claims, it can be complicated to determine whether you have a viable case. Along with hiring a Wisconsin-based premises liability lawyer, the following answers to some frequently asked questions will help you know how to proceed.
Q: What Is a Premises Liability?
A premises liability claim holds a property occupier, manager, or owner responsible for any damages that arise from an injury sustained on their property. In Wisconsin, those responsible for a property must take reasonable steps to maintain a safe environment for visitors.
Q: What Are the Most Common Causes of Premises Liability Claims?
Slip and fall accidents are among the most well-known and common causes of premises liability claims. These accidents can result from slipping on a wet floor on a property that failed to install a visible warning sign for visitors. Or, injuries may be sustained slipping down poorly maintained stairs without adequate hand railings or treads or on icy sidewalks or parking lots that were inadequately cleared of snow or ice.
In addition, to slip and fall accident injuries, other common causes of premises liability claims include:
- Swimming pool accidents.
- Playground and park injuries due to improperly maintained play structures, benches, or walkways
- Theme or trampoline park accidents
- Stadium accidents as a result of debris, poor maintenance, or inadequate lighting
- Security negligence
- Accidents on farms due to improperly stored equipment or decrepit buildings
- Injuries related to fire as a result of inadequate fire-safety precautions
- Construction site injuries sustained from construction debris or obstructions
- Attacks or bites from dogs or other animals that cause injury
- Escalator or elevator accidents
- Various other injuries due to poorly maintained property
Q: What Damages Do Premises Liability Claims Cover?
Typically, an injured person, and in some cases their family, can receive compensation to cover:
- Current medical bills resulting directly from their injury
- Future medical and rehabilitation expenses resulting from significant injuries
- Lost wages resulting directly from their injury
- Pain and suffering resulting directly from their injury
- Permanent disabilities and disfigurement
Q: How Long Do I Have To Make a Premises Liability Claim From the Date an Injury Occurs?
In Wisconsin, you have three years from the date you are injured on someone else’s property to file a claim.
Q: As the Injured Party, Will I Be Held Responsible for My Actions That May Have Contributed to My Injury?
Yes. Wisconsin premises liability claims are subject to comparative negligence laws. Therefore, the actions and possible negligence of the injured party are considered in the lawsuit. If the court finds that they were over 51 percent negligent, they will not be able to recover.
Q: Can I Make a Claim if the Accident Occurred on Public Property?
Yes. You may place a premises liability claim regardless of who owns the property where the injury occurs. However, injuries sustained on public property can be more complicated since it isn’t always obvious who should be liable for the negligence.
In some cases, the injured person may be held responsible for their injuries if they were acting carelessly or purposefully. In these cases, the injured person may also be held accountable for any destruction to the premises they may have caused through their actions. Again, having a reasonable Premises Liability Attorney will help ensure the success of your claim.
Q: If I Was Trespassing, Can I Still Make a Premises Liability Claim?
In Wisconsin, the court will examine the legal status of the injured visitor during a lawsuit. You must show that you responsibly used the property as either a legal invitee or licensee in your claim. Property owners or managers generally owe a lesser duty of care to trespassers.
However, exceptions to this rule may apply to trespassing children. For example, suppose a child is enticed to trespass on a property by an attractive nuisance. If something that wow’s them or grabs their attention — and is injured, an occupier or property owner may be held liable for their injury.
Attractive nuisances may include playground equipment, construction projects, and hot tubs or swimming pools. Those responsible for the property have a legal duty to recognize potential issues from attractive features to children and take all possible precautions to ensure children can’t access them or become injured.
Q: Does My Claim Have To Prove Negligence by the Property Owner or Manager?
Private and public property managers or owners are legally obligated to maintain their premises to ensure that property visitors are protected from unreasonable risks of injury. Therefore, the court looks to the property’s condition to determine fault in determining a claim.
There are typically three ways your premises liability lawyer can illustrate to a court of law that a property manager or owner is liable for your injuries:
- The person responsible for the premises was aware of a hazardous condition and did not fix it.
- The person responsible for the premises caused a hazardous condition.
- The person responsible for the premises should have been aware of the hazardous condition.
Q: What Is My First Step After Sustaining an Injury Through Premises Negligence?
Your first step after sustaining significant injuries on someone else’s premises caused by property negligence is to obtain legal representation to determine the viability of your premises liability claim. A reputable Wisconsin premise liability lawyer from Check Law LLC will help you receive the compensation you deserve and can make a significant difference in your case’s outcome.