Should You Sue a Business for a Personal Injury?

  • By Joe Owen Law Firm Pllc
  • 03 Jan, 2018
After you have suffered an injury, you may begin to wonder whether you are able to sue. Some accidents simply happen with no one at fault. In other accidents, the judge may not be able to rule out that you were at fault. However, depending on the facts of the case, you may be able to prove that a business owner is at fault and that you deserve compensation.

Establishing Duty of Care

Personal injury lawsuits are a cost of doing business. When a company provides a product or service, he or she assumes liability. Because of this, it is essential that a business do whatever it can to help a customer feel reasonably safe.

Like with most lawsuits, you must begin by determining if a duty of care exists. For instance, if you were at the mall and slipped and fell when walking to a clothing store, the mall would have a duty of care if you had not yet entered the store, but the clothing store would have a duty of care if you had entered the store.

Here’s another example to illustrate this principle. When an individual comes onto a property as an invitee, which is a guest who enters the property for the gain of the property owner, the property owner has a duty of care to the invitee.

However, property owners don’t have the same duty to ensure the safety of uninvited people. For instance, say a business is not open on Sunday and a customer trespasses on store property and becomes injured. In this case, the store owner likely won’t be considered responsible or may at least be considered less responsible. However, it is illegal to take steps that would make the property specifically dangerous for the trespasser, such as setting up a trap.

A gray area involves licensees. These are individuals who are allowed onto the property for a limited purpose. For instance, if the property is under construction, an inspector or subcontractor may visit the property. Under these circumstances, the property owner is responsible for informing the licensee of any present dangers.

Establishing Negligence

One of the tricky parts of a lawsuit is determining what is considered reasonable. For instance, one may argue that a wet floor sign is enough to protect visitors from a wet floor, but someone else may argue that the floor is so unsafe that even a wet floor sign would not suffice. The incident that led to the injury must have been reasonably foreseeable.

After it has been determined that a business owner has a duty of care, the next task is to prove that the business owner was negligent in his or her duty of care. This task is accomplished by gathering evidence to support your case. First, you will need evidence that you have been injured. Medical records are the most credible form of evidence in this regard.

Determining How Much You Should Be Compensated

Once you have proven that the plaintiff is responsible for your injuries, the final task is to make a case for how much compensation you should receive. This process can be complicated because you may face many unanticipated expenses, such as lost wages or future medical bills. Pain and suffering and the loss of family, social or educational experiences must also be considered. Therefore, you must work with a competent attorney who can help you receive sufficient compensation for your injuries.

After suffering an injury, you may be overwhelmed and confused about the challenges facing you. You do not have to go at it alone, though.  Owen Law Firm  has experience with all sorts of personal injury cases. We will help you determine whether it is appropriate to pursue legal action and will help you through each step of the process.

By Joe Owen Law Firm Pllc 03 Jan, 2018
After you have suffered an injury, you may begin to wonder whether you are able to sue. Some accidents simply happen with no one at fault. In other accidents, the judge may not be able to rule out that you were at fault. However, depending on the facts of the case, you may be able to prove that a business owner is at fault and that you deserve compensation.
By Joe Owen Law Firm Pllc 03 Jan, 2018

The aftermath of an injury caused by another person (or people) can be both physically and mentally taxing. Trying to focus on healing while wondering how you're going to pay bills, care for your family, or return to work is stressful.

This stress can be compounded when the responsible party (or their insurance company) tries to claim that you were partially at fault in the circumstances that led to your injury, diminishing the amount you're offered in settlement of your claims.

This principle, known as comparative fault, has the potential to reduce your recovery if you're deemed to be partially (or totally) responsible for your own injuries, but this is the defendant's burden to prove. Read on to learn more about New York State's comparative and contributory fault laws, as well as how a defendant's allegations that you share the blame for your injury could affect your case.

By Joe Owen Law Firm Pllc 12 Oct, 2017

If you have been involved in a car accident that has left you injured, you may be looking into getting a personal injury attorney. A personal injury attorney can help you bring a personal injury case against the party or parties responsible for your injuries. You are allowed to recover money for lost income, medical expenses, permanent injuries, disfigurement and pain and suffering.

The majority of personal injury lawyers offer a free consultation to those who are injured. This allows them to determine if they want to take on your case and gives you the opportunity to determine if this is the attorney you wish to work with. If you have a consultation scheduled, it is important to bring along as much information as you can. Here are a few of the items you should bring if you have them.

By Joe Owen Law Firm Pllc 27 Sep, 2017
Have you been injured while working on a construction site? Are you feeling overwhelmed with medical bills or frustrated by an inability to work? Well, the good news is that you may be entitled to compensation.
By Joe Owen Law Firm Pllc 27 Sep, 2017
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