If you suffered an injury while on someone else’s property in Lake Charles, LA, you could be entitled to compensation for damages. Contact Hale Injury Lawyers at (337) 426-1071 to schedule a free consultation with an experienced Lake Charles premises liability lawyer.
Being injured on another party’s property can have devastating consequences for the victim. They may sustain severe physical injuries and incur substantial financial losses.
Louisiana’s premises liability laws are complex, and it is your responsibility to prove that the property owner is liable for your damages. This is why hiring an experienced premises liability lawyer in Lake Charles is crucial for the success of your case.
At Hale Injury Lawyers, our Lake Charles premises liability lawyers have more than 61 years of collective legal experience. We have been protecting the rights of injured parties since 2008 and have recovered millions of dollars in compensation for thousands of clients. You can trust us to help you with your case, too.
How Our Lake Charles Personal Injury Lawyers Can Help With a Premises Liability Case
Commercial, private, and public property owners and managers can be liable for what happens on their premises. Unfortunately, property owners and their insurance providers want to avoid liability if possible. Therefore, they use their considerable resources to fight claims.
You can level the playing field by hiring Hale Injury Lawyers to handle your case. Our Louisiana personal injury lawyers have extensive experience in personal injury law. Through years of representing thousands of clients, we have become known as aggressive advocates for injured parties.
Numerous organizations, including Super Lawyers and The National Trial Lawyers, recognize our lawyers for their legal services. Steven Hale’s successful track record and client satisfaction earned him an AV rating with Martindale-Hubbell. W. Taylor Hale is a lifetime member of the Million Dollar Advocates Forum.
When you hire our award-winning legal team, we’ll take steps to protect your rights by:
- Evaluating your claim and explaining your options
- Conducting a thorough investigation to determine why you were injured and to identify all liable parties
- Working with expert witnesses, as needed
- Calculating how much your case is worth after carefully documenting and analyzing your damages
- Filing insurance claims and personal injury lawsuits before the deadlines
- Aggressively negotiating personal injury settlements for the maximum value of your damages
- Having a skilled trial litigator argue your case in court, if necessary
Schedule a free case evaluation with an experienced premises liability lawyer in Lake Charles, Louisiana. Learn more about the compensation you deserve and how we can help you get justice after an injury or accident.
Overview of Louisiana Premises Liability Laws
Premises liability is under the umbrella of personal injury law or tort law. A tort is conduct that causes harm or injury to someone, which results in a civil wrong. Courts can impose liability or damages on the responsible party.
Many states view premises liability from the injured party’s perspective. Their laws create a duty of care based on the person’s status as a visitor, invitee, or trespasser.
Louisiana premises liability laws take a different approach. The laws base liability on the property owner’s responsibilities.
For example, Louisiana Art. §2322 holds a building owner liable for damages resulting from neglect, improper maintenance, or defects. Louisiana Art. §2800.6 creates a duty for merchants to exercise reasonable care to keep their premises in a reasonably safe condition.
Were you injured on someone else’s property? The best way to know if you have a premises liability claim is to talk with one of our lawyers. We’ll review your case for free and provide legal advice regarding your options and legal rights.
Proving Fault in a Lake Charles Premises Liability Claim
Defendants in a premises liability case can include the property owner, managers, business owners, tenants, and other parties responsible for the premises. For the person to be liable for your damages, they must have been responsible for the property conditions.
The evidence in your case must be proven by a preponderance of the evidence.
This burden of proof requires you to prove that there is a greater chance that the following facts are truer than untrue:
- A dangerous condition existed on the property;
- The responsible party knew or should have known about the danger;
- The party could have exercised reasonable care to correct the condition or warn you about the condition but failed to do so;
- The dangerous condition was the direct and proximate cause of your injury; and,
- You incurred damages because of the dangerous condition.
If you are injured on another party’s property, try to document the scene by taking photographs and making a video. The property owner will likely take quick steps to remove the danger after your injury.
Seek immediate medical treatment for injuries. Medical records are crucial evidence in a premises liability case.
What Types of Premises Liability Cases Do We Handle?
The most common types of premises liability cases are slip and fall accidents.
However, our Lake Charles personal injury attorneys at Hale Injury Lawyers handle all types of premises liability cases, including:
- Negligent security
- Trip and fall accidents
- Dog bites
- Shopping mall and retail store accidents
- Restaurant accidents
- Parking lot accidents
- Explosions and fires
- Injuries at amusement parks, sports facilities, and entertainment venues
- Grocery store accidents
- Assaults
- Hotel and resort accidents
- Playground and school accidents
Beware of property owners, businesses, and insurance companies that make quick settlement offers after an accident. They are likely seeking to limit their liability by getting you to sign a settlement agreement and waiver of liability. They do not want you to realize the actual value of your damages.
Instead, talk with our Lake Charles premises liability attorneys before signing any documents or accepting a settlement offer. Your initial consultation is free of charge.
What Damages Can I Receive in a Lake Charles Premises Liability Claim?
Most injured parties are entitled to compensatory damages for their financial losses, pain, and suffering.
Compensation for economic damages includes:
- Past and future medical bills
- Therapy and rehabilitative treatment
- Out-of-pocket expenses
- Lost wages
- Skilled nursing care
- Decreased earning capacity
- Personal care and household services
In addition to your monetary losses, you can receive compensation for the pain and suffering caused by the accident.
Non-economic damages in a premises liability case could include:
- Impairments and disabilities
- Mental anguish
- Loss of enjoyment of life
- Physical pain
- Scarring and disfigurement
- Diminished quality of life
- Emotional distress
In some cases, the at-fault party might try to blame you for the cause of your injuries. They try to shift blame to avoid liability.
Louisiana operates under a pure comparative fault law. If you contributed to the cause of your injuries, your compensation is adjusted based on your level of fault. Therefore, if you are 40% to blame for a slip and fall accident, your compensation for damages is reduced by forty percent.
Insurance companies use comparative fault to avoid paying the full value of damages. Be careful if you talk with an insurance adjuster. They are trained to get you to say things that could imply fault.
Instead, let our Lake Charles personal injury attorneys handle the insurance company for you. We understand the tactics used by insurers to avoid liability for claims.
How Much Is My Lake Charles Premises Liability Case Worth?
The factors and circumstances of your case impact how much you could receive as a settlement or jury verdict.
Factors that affect the value of damages include, but are not limited to:
- Whether you are partially at fault for causing your injury
- Your injuries and the medical treatments you had
- The length of your recovery
- The availability of insurance coverage
- Whether you sustained permanent impairments
- The parties involved in your case
- The evidence you have to prove your allegations
You can improve your chances of receiving a fair settlement for your premises liability claim by learning about your legal rights as soon as possible after your accident. The liable parties do not have your best interests at heart. Insurance adjusters will not be honest about how much your case is worth.
Therefore, it is up to you to protect your rights. Obtaining the best possible outcome for your claim is our top priority at Hale Injury Lawyers.
How Much Time Do I Have to File a Premises Liability Lawsuit in Louisiana?
Louisiana has one of the shortest statutes of limitations for personal injury cases. The statute of limitations for many of the premises liability cases filed in Louisiana is two years. The deadline begins on the date of your injury.
There are exceptions to the general statute of limitations, but only in limited situations. The court can dismiss your case if you do not file your lawsuit before the deadline expires. Therefore, don’t wait to contact Hale Injury Lawyers for a free consultation with an attorney.
Schedule a Free Consultation With Our Lake Charles Premises Liability Lawyers
Negligent property owners increase the risk of injury for innocent victims. At Hale Injury Lawyers, we want to help you receive the settlement or jury verdict you deserve. Call now for a free case review with one of our experienced Lake Charles premises liability attorneys.
