If you were injured while on someone else’s property, the property owner may be liable for your medical bills, lost wages, and pain and suffering. An Ocala premises liability lawyer from Bogin, Munns & Munns can help you pursue these damages through a personal injury claim or lawsuit.
How a Premises Liability Lawyer from Our Firm will Help You
Your lawyer will investigate the cause of your accident to determine if your accident was the result of negligence.
Using evidence, your lawyer will need to demonstrate that:
- The property owner owed you a duty of care.
- That duty was violated, allowing a dangerous condition to persist on the property.
- Your accident was caused by this dangerous condition.
- Your accident resulted in injuries and financial losses.
Explaining Duty of Care in Premises Liability Cases
If you are legally on someone else’s property, then they owe you a duty of care to keep their property in a reasonably safe condition. According to Florida Statutes §768.075, you are not owed this duty if you are a trespasser on their property.
If you believe you were legally on the property, your Ocala premises liability lawyer can use evidence to prove that you were not trespassing—and are therefore entitled to compensation.
Determining the Breach of Duty
Once it has been established that you were owed a duty of care, your lawyer will use evidence to show that this duty was violated because of the property owner’s negligence.
If the property owner was aware of a dangerous condition on their property, or if they had reason to believe that a dangerous condition would arise, then they may be liable for your injuries if they did not take steps to remedy it.
Proving the Cause of Your Accident
Next, your lawyer will need to show that your accident was caused by the property owner’s negligence.
Some common defective conditions that can arise on a property are as follows:
- Wet and slick surfaces
- Uneven walking surfaces
- Inadequate security
- Dangerous animals on the property
- Inadequate lighting
- Inadequate maintenance
Additionally, some accidents that can result from these dangerous conditions include:
- Slip and fall accidents
- Trip and fall accidents
- Swimming pool accidents
- Dog bites
- Elevator accidents
- Escalator accidents
Showing Your Financial Losses
Finally, your lawyer from our firm can demonstrate how your accident resulted in injuries and financial losses. Some injuries that you may suffer in a premises liability accident are:
- A traumatic brain injury (TBI)
- Internal injuries
- Contusions and lacerations
- Broken hips or other fractures
Once we demonstrate that you suffered injuries and that those injuries have caused financial hardships, we can argue for fair compensation.
Recovering Damages in Premises Liability Cases
You can recover two main types of damages through a premises liability case: economic and non-economic damages.
Economic Damages Have Price Tags
Economic damages are meant to compensate you for financial losses due to your injuries. This includes:
- Your past and future medical bills. These can be for anything you need to treat your injuries, including doctor’s visits, surgeries, prescriptions, physical therapy, home health aide care, and more.
- Lost income and earning capacity. You can also recover economic damages for your lost wages if your injuries prevent you from working. If you have to take a lower-paying job due to your injuries, then you can also recover damages for this gap in your wages.
If you lost your loved one in a premises liability accident, you can recover economic damages for their medical bills, lost wages, reduced earning capacity, and burial costs.
Non-Economic Damages do Not Have Attached Financial Values
Non-economic damages are meant to compensate you for your intangible losses due to your injuries. These can include:
- Your pain and suffering
- Loss of enjoyment of life
- Disability
- Mental anguish
Additionally, if you lost a loved one due to their accident on someone else’s property, you can recover non-economic damages for their pain and suffering prior to their passing. If you lost your spouse, we can help you seek damages for loss of consortium or companionship.
Statute of Limitations on Bringing Personal Injury Lawsuits
When it comes to filing a premises liability lawsuit, you generally have two years to take action after you are injured on someone else’s property.
There may be circumstances that lengthen or shorten this period of time, but there is no guarantee that an exception will apply. Your Ocala premises liability lawyer will be able to determine if these apply to you after reviewing the specifics of your case.
The sooner you call Bogin, Munns & Munns, the sooner we can get started protecting your rights.
Contact Bogin, Munns & Munns Today
At Bogin, Munns & Munns, we give every client and every case the personal attention they deserve, making sure to show injured victims of negligence respect and care during this difficult time. Let us put our knowledge of Florida law to get to work for you.
Contact us to learn more about how one of our Ocala premises liability lawyers can help you seek the compensation you need. We offer free consultations to all victims of premises liability accidents.
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