Types of Virginia Premises Liability Cases
The most common type of Virginia premises liability cases are slip-and-fall cases. Many injuries occur due to an unforeseen danger such as a hole, ditch, or natural hazard. Falling due to walking on a slippery substance or any type of furniture accidents may also be premises liability.
These accidents might occur at someone’s home or at a business. Other premises liability injuries can occur as a result of an object dropping from overhead, such as construction equipment, and elevator accidents.
An experienced premises liability lawyer can help build a claim for many types of Virginia premises liability cases. Contact an attorney immediately to begin building a strong case for your particular claim.
Handling the Case
Each type of premises liability case in Virginia is unique, and there will be a different approach to every case. Yet, some similar approaches are taken in all personal injury cases. That includes trying to determine whether there is liability and damages.
Some of the unique aspects of premises liability would include trying to determine who is liable and then determining what aspects of liability are present, as well as how to maximize the amount of damages.
Determining Liability
Liability is determined by establishing the owner’s duty of care, that the property owner or the person responsible for the property breached that duty of care, and that as a result of that breach, a person was injured.
The legal status of the injured party may have some impact on a liability case. For example, the duty of care for guests or invitees is higher than the duty of care for a trespasser. There are some instances where the duty of care may vary slightly, but this is the most common example where the person’s status on the property would have an impact.
An attorney may help a person establish that they have been injured through no fault of their own and are entitled to damages because of the nature of their injury. No one asks to be injured, and money does not end the pain. However, money is the only way to attempt to restore a person who has been injured due to another person’s actions or inactions.
If someone’s life has been changed by a personal injury due to negligent care of another’s property, an attorney can determine whether they have a case and how to compensate the person for the pain and inconvenience of the injuries suffered.
Recoverable Damages
If a person has been injured through no fault of their own in a premises liability case, they can recover for a variety of damages. The most common types of damages are special damages and general damages.
Special damages refer to medical bills, lost wages, and losses that are easily quantifiable.
General damages are commonly known as pain and suffering. Pain and suffering is not easily quantifiable, and a person’s pain and suffering is going to be different than anyone else’s. The pain and inconvenience of the accident, injuries, and recovery are all included under the general damages calculation.
Also, in limited circumstances, there may be punitive damages available in a premises liability case. There are many different categories that a person would want to talk to an experienced premises liability attorney about when they consult with one.
Locations Where Premises Liability May Occur
Common locations that many types of premises liability cases in Virginia can occur include private homes, businesses, parking lots, construction sites, and places of hazard.
An important factor in premises liability cases is who owned the property, whether a business or a government entity or a private property owner.
If a person feels they have been injured after any type of premises liability case in Virginia through no fault of their own, they should contact an experienced personal injury attorney who handles premises liability cases in Virginia.
Going through the facts of a person’s case would help determine whether the facts make the case pursuable for any type of premises liability action in Virginia.
Severity of the Injury
Broken bones, traumatic brain injuries, or even death can be the result in severe types of Virginia premises liability cases.
If the case involves more serious injuries or even a death, the stakes are raised for a premises liability case for both parties. Due to these increased stakes, it is very important to hire an experienced premises liability attorney who is experienced in handling these matters.
If someone has been injured through no fault of their own, and if the injury was severe enough to affect their life, they should contact an experienced attorney who handles premises liability cases.
Someone does not necessarily have a strong premises liability case based only on the fact they were severely injured. Both liability and damages must be proven.
Benefit of an Attorney
Because of the injustice of the situation, and because the property owner or the insurance company representative may not offer the person a fair compensation for the injuries a person may have sustained, it is important to contact an experienced premises liability attorney.
A premises liability attorney will need to know the basics: the who, what, when, where, and why of the case. They will want to know when the accident happened, how it happened, who caused it, what the person did immediately after the accident, what they knew about the property before the accident, as well as a variety of other facts.
It is also important to know when the accident occurred. Generally, Virginia has a two-year statute of limitations for all personal injury actions.
To review the facts of the case and make a determination of the best avenue to success, it is vital to contact an experienced attorney that can help guide them through the process to make a determination as to whether they have a good case.
