Regrettably, accidents can happen in any setting, from a public place like a store to a private residence. Unfortunately, the injuries suffered are sometimes severe and expensive to treat. Fortunately, you could get compensated for your expenses.
If you were recently in an accident on someone’s property, you could work with a Middleton premises liability lawyer from GED Lawyers to recover from your losses. Let us look at how we can help you through the steps involved.
Who Can Be Liable in a Premises Liability Case?
Generally speaking, the person or entity that owns or currently has jurisdiction over the Middleton property is responsible for keeping the premises hazard-free for guests—within reasonable means. Failure to do so can make them liable if accidents happen. For instance, a business should have “Wet Floor” signs to warn customers of a floor that was just mopped. This helps reduce the risk of a slip and fall injury.
A variety of people, including homeowners, renters, commercial property owners, and business tenants could be liable for an accident. Managers of a shopping mall, for instance, would be responsible for ensuring the safety of the mall’s public spaces. However, the store owner would be responsible for any injuries that happen inside their establishment.
The Middleton premises liability lawyer from our firm can help investigate further into your case to gather evidence of the owner or tenant’s liability in your accident. Determining the liable party affects how you can seek compensation from them.
Limitations on Liability Over Trespasser Injuries
Property owners and tenants in Middleton face minimal liability for trespasser injuries. Trespassers are visitors who enter the premises uninvited and without a valid reason. An example would be a thief breaking into a store after it was already closed for the day. As the thief has no excuse for what they did, the owner would not be at fault for any injuries suffered within the store.
That does not mean trespassers have zero chances of successfully filing for damages. If the trespasser can prove the owner or tenant intentionally caused the hazard, they could bring a case against them.
Your Recoverable Damages
Besides helping you determine the property owner’s liability, our premises liability lawyer can also gather evidence of what you suffered. These can include photos, medical records of your injury, doctors’ reports, and witness testimonies. Moreover, the attorney can help compile your damages to estimate your case value.
These damages can include:
- Medical bills
- Lost wages (if you could not work while injured)
- Property repairs or replacements (for example, an expensive gadget or piece of jewelry might have gotten damaged in the accident)
- Psychological trauma
- Chronic pain
Being Partly at Fault Will Reduce Your Recovery
While you can get compensated if your premises liability action is successful, it does not guarantee you will get the full settlement. The comparative fault rules in Massachusetts General Laws Ch. 231 Section 85 can reduce your recoverable damages if you share liability for your accident.
The deducted amount depends on your fault percentage. So, if you are 25 percent liable, you can only get 75 percent of your total damages.
However, you can only recover damages if you are not more liable than the property owner. With this in mind, you could have your premises liability lawyer review the case before filing anything against the other party. They can check if your claims are valid and if you can sufficiently support your side of the dispute to reduce the fault placed on you.
Filing for Compensation in Middleton
Our premises liability lawyer can also assess your compensation options to determine the most feasible one based on the situation. There are two main ways to pursue damages from the responsible party: an insurance claim or a premises liability lawsuit.
Insurance providers review and approve claims, while Essex County’s trial courts have jurisdiction over a Middleton premises liability lawsuit.
Filing Liability Claims
While not mandatory for private citizens and businesses in Massachusetts, a Middleton property owner or a tenant might carry liability coverage to protect them from paying out of pocket when their negligence leads to accidents. You can file a claim with their liability insurance provider to cover your relevant expenses.
Your Middleton premises liability lawyer can help appeal to the insurance provider if they reject the claim or offer a smaller initial settlement than expected.
Filing a Premises Liability Lawsuit
Your premises liability lawyer may advise filing a lawsuit if the other party does not have liability coverage. The court will decide the amount you can recover after reviewing the case, so the other side’s insurance policy limits will not restrict your recovery. The lawyer may also suggest this option if the liable side created the hazard on purpose, as insurers generally do not cover intentional actions.
If the case goes to trial, your premises liability lawyer from GED Lawyers can also serve as your legal representative in court until you get a verdict.
Filing Deadlines for Middleton Premises Liability Actions
Middleton premises liability cases follow the statute of limitations in Massachusetts General Laws Ch. 260 Section 2A. That means you have three years to file your action before it automatically gets rejected.
Time is of the essence when filing cases, so your lawyer can watch over your progress and assist with unfinished tasks so you can file on time.
Begin Working with One of Our Dedicated Premises Liability Lawyers
For nearly three decades, GED Lawyers has worked with clients throughout Massachusetts on their injury cases. These also include premises liability settlements in Middleton. As such, our attorneys are equipped with the knowledge and experience to review your accident and determine whether you have a valid case on your hands. If you do, we can assist with filing your action and serve as your legal representative whenever necessary.
For a free case consultation with a team member, you can call now. Our 24/7 support team is always on standby, so you can contact us anytime when needed. You can also send your details through the case review form provided on our site.