There are a variety of premises liability claims and they are all dependent on a number of complex factors. For example, property in premises liability can make a difference because it changes the duty of care that is owed. The type of property, whether it is commercial or residential, is also important in determining what duty of care did that defendant owe to someone who was injured there. When building a New Jersey premises liability case, a skilled premises liability attorney will be necessary to help streamline the process to get you the compensation you deserve.
Potential Damages
A person in a premises liability case is entitled to two elements of damages. One is economic damages and the other is non-economic damages. The economic damages are medical bills for both past medical treatment related to the fall or the premises liability incident, as well as any future treatment that is needed. They are also entitled to economic damages in the form of lost wages if they missed work or they are put out of work for an indefinite time into the future. They are entitled to those lost wages.
For non-economic damages, that would include their pain, their suffering, their injuries, and the impact that these injuries have had on their life both personal and professional. Those are elements of damages that attorneys strive to be able to get for their clients to put them in the position that they would have been if this unfortunate incident never occurred.
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Defense Strategies
A lot of times, what attorneys in New Jersey see in building premises liability cases are that the defendants try to argue that the injured person should have been watching where they were walking and if they were watching where they were walking, they would not have fallen. But what attorneys have seen time and time again, especially involving commercial stores, is that the stores are designed for people to not be looking at the floor when they are there and they are shopping.
There are things on the shelves, advertisements, signs leading to a distraction. Everything inside those stores sometimes is to direct someone’s eyes away from the floor and to the shelves, the signs, and the advertisements. That is why they owe a higher duty of care and if the store in its essence is designed for someone to be looking everywhere but where they are walking, they need to make sure that the floor is free of dangerous conditions that can result in injuries.
Wrongful Injury or Death
When attorneys are dealing with death as a result of a premises liability claim, what they are doing is helping the family and the state to not only recover for the pain and the suffering of the deceased person before they passed but also all of the loss that was incurred for that family and for the state, it could be the future lost wages of that deceased person. A lot of times, most importantly, is the loss of companionship that a person would have provided to their spouse, their children, and their loved ones. Attorneys know there is nothing that will make it better but they try to hold the defendant responsible for this unfortunate death.
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Contacting an Attorney to Discuss Building a New Jersey Premises Liability Case
A person does not want to handle a premises liability case on their own because there are so many elements to a building a claim that it would, for someone who has never done it before, be almost an impossible task to try to decipher through all the landmines that exist. Big companies and commercial defendants are going work hard to defend against a person’s case.
You want a premises liability attorney on your side who has the experience, the resources, and the proven results to be able to go right back at these big companies’ attorneys and prove your case to them because these defendants try to deny liability and deny that the injuries are related. They try everything they can to avoid paying for the damages that they have caused. Contact our team to learn more about building a New Jersey premises liability case.
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