Premises Liability2018-11-07T06:16:53+00:00

Premises Liability

If you are injured because of negligence by a business or property owner, you would be well-advised to consult a premises liability attorney.

Each year, thousands of people in our area are injured as a result of negligence. Wet floors, construction debris, deteriorating walkways, exposed wiring, and other hazards can cause serious injury to people while shopping or going to work. Business and property owners have a duty to take reasonable care in detecting and fixing such hazards, and most carry insurance to protect themselves if a person is injured as a result of their negligence.

If you or a loved one was injured because of a property owner’s carelessness, you may be entitled to compensation. A personal injuries lawyer can give you the best advice. You are entitled to be compensated for your medical bills, lost wages, out-of-pocket expenses, property damage, and pain and suffering.

Slip-and-fall and other premises liability claims are very different from the automobile accident claims most people are familiar with. Businesses, property owners, and their insurance companies deny liability and refuse to pay claims in nearly all cases. For this reason, it is extremely important for people injured in this type of accident to receive the help of an experienced premises liability attorney. It may be necessary to file a lawsuit in a State or Federal court to receive compensation, and a qualified attorney will make an enormous difference in the outcome of your case.

If you have been injured as a result of another’s negligence or wrongdoing, it is extremely important that you see a doctor, urgent care, emergency room, or other medical professional as soon as possible. Even a few days delay can cause your compensation to be reduced or denied. You should follow your doctor’s orders, and take every action necessary to treat your injuries.

Construction Injury

Construction, along with some other professions, represents one of the most dangerous occupations in the United States. According to the Bureau of Labor Statistics, one in five worker deaths in 2013 were in construction. The main causes of construction fatalities are falls, being struck by an object, electrocution, and being caught-in/between. These incidents accounted for more than half the construction worker deaths in 2013.

What you need to know is that you may have the right for compensation despite your legal status or the significance of your injury. Many injuries become serious, even though at first they may seem minor and unimportant. Many injuries go undocumented until it is too late; thus, it is very important you report an injury to your supervisor and contact a competent personal injuries lawyer as soon as possible.

Failure to report

Injuries can go unreported out of workers’ fear either to ruin relationships in the workplace or lose a job. Other reasons may include fear of being deported for lack of residential status; fear of being harassed, or even fear of losing an opportunity to get promoted.

This “under-reporting” tendency is alarming and leads to another issue – inaccuracy and under-estimation of death and injury reports in the workplace by Health and Safety Agencies.

Generally, a workers’ compensation claim or a personal injury action is a civil matter, which has nothing to do with the injured employee’s immigration status. If you are unsure about your rights as an employee or if you fear adverse immigration consequences, you should immediately consult a premises liability lawyer in Virginia..

What is Workers’ Compensation?

Workers’ compensation refers to monetary compensation for lost income, disability, loss of earnings capacity, and medical coverage of workers if they were injured doing a job where neither the employers nor the employees are at fault. This type of insurance is paid by employers to ensure safety and coverage for their employees. Employees are not obliged to contribute to its cost. This compensation is designed to protect workers in case of an injury while performing their duties, so you have every right to demand it if you get hurt doing your job.

What is covered under Workers’ Compensation?

Workers’ compensation insurance generally covers the following:

  • Medical care;
  • Lost income;
  • Replacement income for any permanent injuries and disability;
  • Benefits to survivors of workers killed on the job.

What if a third party (not employer) caused the injury?

Generally, employees who suffer on-the-job injuries and diseases are eligible for benefits under the Virginia Workers’ Compensation Act, even if the injury was not caused by anyone’s negligence.

However, if the injury resulted from the negligence of a third party, the injured employee may also get additional compensation from third parties or their insurers.

An example of such a case is an injury caused by defective equipment. In addition to the workers’ compensation claim, an employee injured in this way may also have a concurrent product liability claim against the manufacturer of the defective equipment. This is important, because unlike a worker’s compensation claim, a claim against a third party may also include “pain and suffering”, additional compensation for lost income, loss of enjoyment of life, and, in some circumstances, punitive damages.

Consult a skillful attorney to protect yourself and your family

In cases involving injuries, it is imperative to secure the evidence and identify witnesses as soon as possible. Every minute counts. The insurance companies’ dream is that claimants fail to secure the evidence, or identify witnesses supporting their claim, in a timely way.  It is important to secure the evidence, take photographs, and obtain statements from all potential witnesses as soon as possible, before their recollections fade.

Our team of professional premises liability lawyers in Virginia takes immediate action to identify witnesses and secure evidence. This is crucial to prove the liability and extent of the injuries suffered by our client. Our premises liability attorneys and investigative team often visit accident sites to take photographs, search for evidence and question potential witnesses. We send spoliation notices to all parties who may hold anything that can be used as evidence in the case. For example, it may be imperative to send notices to the EMS and Police Department to preserve 911 call recordings, as well as any notes or photographs that officers may have taken at the scene of the accident.

Although the actual records can be obtained through court subpoenas in the course of litigation, it is important to notify the custodians to preserve such records. The subpoenas may take a long time and, unless a spoliation notice is duly provided, there may be no duty on the holder’s part to preserve the evidence that may end up being crucial to the outcome of the case.

At I.S. Law Firm, our premises liability attorneys have the necessary experience to fight claims and lawsuits on your behalf and get you the compensation you deserve. Accidents will always happen, but our job is to do everything possible to make sure you recover from your injuries and that you are compensated for your time, expenses, and pain.

I.S. Law Firm will represent you on a contingency basis—that means you pay no legal fees until we recover money for you. For a free initial consultation and case evaluation with one of our personal injury lawyers, please contact us immediately by calling +1-703-527-1779 or via e-mail: [email protected].

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Article Title: Premises Liability

Short Description: If you are injured because of negligence by a business or property owner, you would be well-advised to consult a premises liability attorney. Each year, thousands of people in our area are injured as a result of negligence. Business and property owners have a duty to take reasonable care in detecting and fixing such hazards, and most carry insurance to protect themselves if a person is injured as a result of their negligence. At I.S. Law Firm, our premises liability attorneys have the necessary experience to fight claims and lawsuits on your behalf and get you the compensation you deserve. Accidents will always happen, but our job is to do everything possible to make sure you recover from your injuries and that you are compensated for your time, expenses, and pain.

Author: Ismail Shahtakhtinski

Publisher - Orgnization: I.S. Law Firm, PLLC

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