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Why a Premises Liability Claim Might Have to Go to Court? FAQs

If you’ve been injured in an accident that occurred on someone else’s property, there are several reasons why your premises liability claim might have to go to court. The most common reasons for taking a premises liability claim to court involve insufficient evidence, extensive damages, and disputes over liability.

A Buffalo premises liability lawyer from Richmond Vona, LLC can assess your unique situation and determine if taking your case to trial is necessary. If they find that taking your case to court is your best course of action, they’ll work hard to get a verdict that gives you the financial support you need to afford medical care and compensate for other accident-related losses.

Why Your Premises Liability Claim May Have to Go to Court

There are three main reasons why your premises liability claim may have to go to court to get the results you’re looking for. Let’s take a closer look at the three situations that can make filing a civil suit critical to your financial and physical recovery:

Insufficient Evidence

One of the most common reasons why premises liability claims go to trial is insufficient evidence. If the insurance company you file a claim with determines that the evidence supporting your claim is unclear or insufficient, they may deny your claim, leaving you without the settlement you need to pay your medical bills, cope with pain, and support your recovery.

Luckily, a skilled attorney can pursue the damages you’re owed in court. They’ll present evidence such as police reports, eyewitness testimonies, medical records, and more. Depending on your situation, a lawyer may also work with an accident reconstructionist and expert witnesses to add an extra layer of credibility and strength to your case.

Extensive Damages

Unfortunately, insurance companies will always try to pay you as little as possible for the injuries and losses you’ve suffered. As a result, if you’ve incurred significant damages that require a great deal of compensation, the insurer will likely try to deny your claim or offer a settlement that doesn’t come close to accounting for the full extent of your losses.

If that happens, you’ll likely have to seek compensation in court. Fortunately, the state of New York doesn’t have a cap for the damages you can pursue in court. This will allow you to pursue maximum compensation for the economic and non-economic losses you’ve suffered.

Disputes Regarding Liability

As mentioned above, insurers are always looking for ways to avoid paying you the compensation you deserve. One tactic providers use to do this is disputing liability. In other words, insurers will attempt to claim that the accident you were injured in was caused by a party other than the policyholder.

If there is doubt as to who caused the premises liability accident, your claim may have to go to court. The good news is that regardless of whether your claim is settled with the insurer or resolved at trial, a dedicated lawyer can fight relentlessly to obtain the damages you need to move forward with your life.

How Long You Have to Take a Premises Liability Claim to Court

If your claim has to go to court, you’ll have a limited amount of time to submit a civil suit. That’s because every state has a statute of limitations that plaintiffs must comply with to file a successful lawsuit. In New York, CPLR § 214 gives premises liability accident victims three years from the date of injury to file a lawsuit.

If you don’t file your suit within this period of time, you’ll be denied the damages you need to cover your losses and get back on your feet. Luckily, if you reach out to an attorney as soon after your accident as you can, they’ll be able to satisfy the statute of limitations and any other filing requirements that apply to your case.

Compensation You Could Receive From a Successful Claim or Lawsuit

When you pursue an insurance settlement or a court verdict for a premises liability accident, you could receive a variety of helpful compensatory damages. A lawyer can review the details of your case, identify which damages you should receive from your case, and calculate the value of your claim. You may be entitled to receive any of the following damages:

  • Medical expenses
  • Ambulance transportation costs
  • Physical therapy expenses
  • Cost of assistive devices and prescription medication
  • Lost wages
  • Decreased earning ability
  • Pain and suffering
  • Emotional distress
  • Loss of enjoyment of life

Depending on your accident you could also receive punitive damages from a claim. These damages may be applicable if the at-fault property owner displayed gross negligence in their failure to remove safety hazards from their property. Punitive damages act to punish the liable party for their negligence and provide you with extra compensation for your recovery.

Schedule a Free Consultation With a Premises Liability Lawyer

The legal process involved with seeking compensation for a premises liability accident can be confusing and difficult to navigate effectively. The team at Richmond Vona, LLC is here to guide you through your case and represent your best interests at the insurance negotiating table and in the courtroom.

Contact us today to schedule a free consultation with a skilled lawyer and learn more about your legal options. An attorney from our firm can answer any questions you have about your case and explain why your premises liability claim may have to go to court.

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