You can seek compensation if another party’s negligence led to your accident on their property. You can file an insurance claim with the property owner’s insurer or a personal injury lawsuit.
At Dismuke Law, our personal injury team handles premises liability cases in Haines City and surrounding cities in Central Florida. If you suffered injuries or damages while on someone’s property, a Haines City premises liability lawyer from our firm can build your claim or lawsuit and fight for compensation on your behalf. We offer the first consultation for free to discuss your options and answer any questions you might have.
You May Be Owed Compensation if You Were Injured on Someone Else’s Property
Property owners have a duty of care to their guests, employees, and licensees to keep them safe from known hazards on the premises. Whether the property is open to the public or someone’s private home or land, property owners must take steps to resolve hazards discovered on the premises and post warnings so that those on the premises avoid injury.
Failure to act within a reasonable amount of time to hazards could result in someone getting hurt on the premises, which could hold the owner liable for the victim’s injuries and other damages. If so, they would have to pay compensation to the victim to cover their damages.
Compensatory Damages
If you decide to work with a premises liability lawyer in Haines City, FL, you may discuss what kind of damages you might name in your claim or lawsuit, such as:
- Medical treatment expenses
- Loss of income
- Permanent disability
- Emotional distress
- Property damage costs, such as repair or replacement costs
- Reduced earning potential
- Pain and suffering
- Physical disfigurement
- Diminished quality of life
Personal injury cases, which include premises liability cases, can involve various other damages not listed here, from mileage costs to travel to doctor’s appointments to losing pleasure in engaging in former hobbies and activities because of the accident. Our team will go over your damages and estimate an approximate sum figure to strive for when pursuing compensation on your behalf.
Wrongful Death
If you lost a loved one in an accident on the premises, you may pursue additional damages related to their wrongful death. Wrongful death cases differ from personal injury cases in that a surviving representative of the deceased individual may file for compensation in their stead. The court can appoint a representative if necessary.
Wrongful death damages can include:
- Funeral expenses
- Loss of financial support
- Loss of companionship or consortium
- Medical expenses
- Loss of inheritance
How Long do You Have to File a Premises Liability Lawsuit in Florida?
According to Florida Statutes § 95.11, you have about two years from the date of the accident to file a premises liability case. If you filed an incident report with law enforcement after the accident, you can use the date mentioned in the report as a basis for how long you have to submit your case.
If you are filing a wrongful death case instead, Florida Statutes § 95.11(4)(d) mandates that you have two years from the victim’s death to file a lawsuit. Our legal team will review your case to confirm when the statutory deadline is.
Your Haines City Premises Liability Lawyer Can Manage Your Case for You
If you decide to work with one of the premises liability attorneys at Dismuke Law, our legal team will work together to build your case argument against the defendant. This may involve:
- Reviewing the incident report filed with local police agencies in Haines City, FL
- Investigating your case further to see if other information was not reported, such as the cause of the accident if it was not obvious at the time of the report
- Collecting evidence to support your premises liability case, such as photographs, videos, and eyewitness testimony
- Responding to messages from the insurance company, the defendant, or any other inquiring parties to protect your case while it is ongoing
- Preparing legal paperwork and filling out forms on your behalf so that they are correct and comprehensive
If you hire a premises liability lawyer in Haines City, FL, they will also attend negotiation and other out-of-court meetings to represent you during these conversations. They may be able to work out a settlement deal that is fair to you or advise you to push forward with a premises liability lawsuit. Your lawyer will provide legal counsel as necessary, but ultimately all legal decisions lie in your hands.
Injury Cases Involving Crime Must Also Prove the Crimes Were “Foreseeable”
Some premises liability cases involve injuries or damage that was caused by intentional wrongdoing, such as criminal activities. In these cases, plaintiffs have the burden of proof in establishing how the criminal activities were “foreseeable” to hold property owners or managers liable for failing to take proper action.
For example, if your vehicle was stolen in a gated community or a parking garage that has security teams monitoring the premises, then the security company may be held liable for failing to survey the area effectively despite being hired to ward off crime. In this case, security guards were hired to prevent grand theft auto, but they failed to perform their job when your vehicle was stolen.
Work With a Premises Liability Attorney in Haines City Today
If you or someone you know was injured while on someone else’s property, you may have grounds to file a premises liability claim or lawsuit and demand compensation for your damages. Our legal team at Dismuke Law can review your case to see which party or parties are liable for your damages and then begin building your case. A Haines City premises liability lawyer from our firm will lead your case and advocate for your financial recovery.
Call now and ask Dave how our legal team can serve you in Florida. The first consultation is free.