Were you injured on someone else’s Orange County property? You may be able to seek financial compensation under California’s premises liability laws.
The vast majority of premises liability cases settle out of court in the form of insurance payouts. Knowing what type of compensation you may be entitled to — and how much — is essential to building your legal strategy. For one, you’ll know whether the insurance company is offering you a fair amount.
Read on to learn how to determine the value of a premises liability settlement and how you can maximize your payout.
What Is Premises Liability?
Premises liability is a branch of personal injury law. Under California’s premises liability laws, anyone who owns, occupies, leases, or otherwise controls a property has a legal duty to keep the premises safe.
While there is no expectation to predict every eventuality, property owners and others in control of the premises must take reasonable measures against potential hazards they know or should know about.
If such measures were lacking or inadequate and you suffered injuries — whether as a visitor, customer, or employee — you may have grounds for a premises liability claim.
Common Types of Premises Liability Cases
Premises liability incidents can occur on virtually any property, from private homes and retail spaces to hotels, workplaces, construction sites, amusement parks, swimming pools, and so forth.
Common examples of premises liability cases in California include:
- Fires and explosions
- Injuries caused by floods and water leaks
- Exposure to mold or toxic chemicals
- Elevator and escalator accidents or malfunctions
- Inadequate or improper maintenance of a property or equipment
- Construction site injuries, including injuries to visitors or passersby
- Slip- or trip-and-fall accidents due to wet floors, slippery surfaces, uneven flooring, or loose carpeting
- Staircase injuries due to a lack of secure handrails, poorly maintained stairways, or broken or missing steps
- Negligent building security incidents, such as assaults, robberies, and other violent crimes
Who Is Financially Responsible in a Premises Liability Claim?
Property owners are legally responsible for premises liability accidents. That’s usually the case even if your injuries were due to the negligence of an employee or a subcontractor — such as when an employee doesn’t follow standard safety protocols.
While property owners bear the brunt of the responsibility, other parties can also be financially responsible. In fact, there may be multiple liable parties in a premises liability case. Anyone who occupies, leases, or controls the property is potentially liable.
Depending on the circumstances, you may also go after third parties who don’t control the property. For instance, if a piece of defective equipment or machinery caused your injury, you may be able to seek compensation from the manufacturer or maintenance company that serviced it.
Determining liability in personal injury claims can be complicated. An injury lawyer with experience in handling premises liability cases can help you identify all potentially liable parties and ensure that you go after those with the deepest pockets.
Compensation in Premises Liability Cases
The type of compensation you may be eligible for will depend on the nature and extent of your injuries and other losses. Generally, though, the following compensation is available in premises liability cases:
- Medical expenses, both past and future
- Lost income, including wages you’ve lost so far, as well as your reduced earning capacity going forward
- Property damage, such as the cost to repair or replace damaged items
- Non-economic damages like pain and suffering and loss of enjoyment of life
How Much Is Your Premises Liability Claim Worth?
The average premises liability settlement in California is somewhere between $30,000 and $60,000. However, these figures can’t tell you much in isolation.
Each case is unique, and settlement amounts are largely determined by the facts of the accident. That means you may end up with a significantly lower — or higher — sum depending on the nature and severity of your injuries.
Generally, the more severe the injuries, the larger the settlement. However, this isn’t a hard-and-fast rule. Many other factors, such as your attorney’s negotiating skills, also come into play.
You may have come across free online calculators that claim to give you an estimate of your claim’s value. Take these with a grain of salt. Applications like these are often inaccurate, as they don’t factor in all the variables that could sway your settlement one way or the other.
A better way to determine the value of a premises liability settlement is to consult an experienced premises liability lawyer. They will analyze your case thoroughly to assess how your injury has impacted you not just financially but also in all other aspects of life. That estimate would be a more adequate starting point to gauge your potential compensation.
Maximizing Your Premises Liability Settlement: What Can You Do?
The first step you can take to maximize your compensation is to contact a premises liability attorney right after your accident. Remember, insurance companies aren’t your friends. They employ teams of defense attorneys and insurance adjusters whose job is to find weaknesses in your claim. Having an experienced lawyer on your team levels the playing field and increases your odds of success.
Another thing you can do to maximize your settlement is to understand the many factors that could affect your claim’s value, including:
- The type and severity of your injuries
- How long you’ve been experiencing symptoms
- The degree and duration of your pain and suffering
- Whether you have a disability, scarring, or disfigurement
- Your age and income level
- Whether you are able to return to work
- The limits of the defendant’s insurance policy
Knowing these factors can give you a more realistic idea of what a fair settlement offer would look like.
Injured on Someone Else’s Property? Talk to an Orange County Premises Liability Attorney Today.
It can be difficult to determine the value of a premises liability settlement. At Khalil Law Group, our skilled legal team can help you calculate the value of your claim. If you choose to seek compensation for your injuries, we’ll guide you at every turn. Call (714) 617-7870 or contact us online to book your free consultation.