To win all premise liability lawsuits, you and your personal injury lawyer must prove that the property or business owner is responsible for your injury due to their negligence. Also, the injury must have occurred on their property.
In all states, including Raleigh, North Carolina, owners who occupy a property must take reasonable and rational measures to maintain it to be a safe environment for visitors to visit.
In North Carolina, under most conditions, your premises liability claim must be filed within three years of the date of your injury. If you have been injured due to an unsafe condition on someone else’s property and miss this deadline, the court could immediately dismiss your case. On the other hand, if you file timely and with the professional guidance of your personal injury lawyer, you may be entitled to considerable compensation from that property’s owner.
Also, in North Carolina, homeowners’ insurance isn’t required by law, but most mortgage companies require it for the homeowner to get a loan. As the business owner or homeowners’ insurance company commonly pays these damages, one of the first (and most important) things your lawyer will do is get all the details regarding their insurance.
In some premise liability cases, the owner’s responsibility is clear. They can be held accountable for the result of their actions and any injury to another by their lack of ordinary care or skill in managing their property.
However, determining who’s at fault in a premises liability case is usually a legally complex process using photos, witnesses, medical records, and more to prove, and win, your case. Remember that premises liability cases require that you, as the victim, confirm that you were injured or harmed due to the property owner’s or manager’s negligence.
Your Raleigh personal injury lawyer, experienced in premises liability cases, will use all the evidence, documents, witness testimony, and more to formulate your claim. Hence, you obtain the compensation you rightfully deserve.
Are There Any “Exceptions To the Three-Year Filing Deadline in North Carolina?
To be extremely clear: if you do not file a personal injury claim within the three-year “statute of Limitations” in North Carolina, you will be barred from seeking compensation for any of your damages. Therefore, it’s vitally important that you consult with an experienced North Carolina personal injury lawyer immediately after your accident. Your lawyer will listen to you, analyze your claim, and help ensure that you don’t miss any critical deadlines.
However, certain exceptions exist that may extend the three-year applicable “Statute of Limitations” period. These exceptions could include:
- If you, or your family member, have a disability, they may be provided with extra time to file after the standard period has expired.
- If you, or the claimant, are a minor, you may be given until age 21 to file your action.
- If you suffer from mental disabilities, you may also be entitled to an extension.
So, if you’ve been injured in an accident on another’s property due to their negligence, don’t wait! Not only do you not want to risk the statute of limitations expiring, but the longer you wait, the harder it may be to prove liability in your case and get you the compensation you need and deserve.
What Are Some Of The Most Common Types of Premises Liability Claims?
Premises liability claims come in all “shapes & sizes” and fall into a broad category of personal injury law. Your Raleigh premises liability lawyer is an expert at identifying and verifying these cases, and their evaluation will be invaluable to you.
Most people are incredibly surprised by the many types of accidents these cases apply to.
Some of the more common types are:
- Lack of maintenance: There are many building elements that can become dangerous if they are not appropriately maintained. Poor flooring, cracked and damaged pavement, falling objects, and much more can be involved.
- Poor security: Part of a property manager, home, or business owner’s job is to provide safe premises for tenants, customers, and employees. In today’s world, this is becoming more significant every day.
- Slip and fall hazards: Slip and fall accidents are the most common premises liability claim. These can occur when the property owner doesn’t properly maintain sidewalks, staircases, cleanup, parking lots, etc.
- Unrestrained dogs: Property owners must keep their dogs restrained, especially if the animal has aggressive tendencies.
Whatever you do, don’t try to decide if you have a case on your own. Consult with a qualified Raleigh premises liability lawyer, and they will provide you with all the legal options to get the compensation you need to recover.
What Should I Do Right After My Premises Liability Accident?
Premises liability cases (slip & falls, etc.) are the leading case for hospital emergency room visits. Suppose you’ve been injured in an accident on someone else’s property or due to anyone’s fault. In that case, you must understand that you (or someone assisting you) must document everything that occurred as accurately as possible.
Here are a few essential things to remember:
- First, get immediate medical help – See that a doctor treats you as soon as possible so that they may determine just how seriously you are hurt. Also, obtain a written professional diagnosis of what was inflicted upon you. This information is vital to you receiving the compensation you need to recover.
- Identify exactly what happened or what caused the incident – Document your thoughts, or get help to record them as soon as possible. This information can aid the medical staff in treating you and prove invaluable in court to help your personal injury lawyer win your case.
- Take photos and get the witnesses’ names–This will also help your medical team and help you definitively prove what occurred. If you cannot do this yourself, have someone do it for you.
The more accurate and detailed information (including photos, witnesses, etc.) you obtain at the scene, the better it will be for you to be accurately medically treated and help your Raleigh premises liability lawyer get you the funds needed for you to recover fully and financially thrive.
I May Have a Premises Liability Claim; How Should I Proceed?
If you’ve been injured on someone else’s property or place of business, don’t try to negotiate with them or any insurance company on your own!
You need to consult with a qualified, experienced, and empathetic Raleigh premises liability law firm. A firm with a successful record in navigating premises liability cases and obtaining fair and just compensation for clients. Consult with them immediately and get the financial help you need to recover.