You may have a premises liability claim if you are injured on someone else’s property. Under Louisiana law, property owners must provide safe conditions for their guests or warn them of any unsafe conditions. If they fail to do so, they may be responsible for compensating you for your injuries.
Damages are the monetary award that a person can get for an injury. They can replace financial losses, such as medical bills or lost wages. However, damages are also available for other types of losses, such as pain and suffering. An injury attorney can provide more information about damages in a Prairieville premises liability case.
The Basics of Premises Liability
In Louisiana, if someone has the right to be on another person’s property, the property owner must ensure that the property is reasonably safe. Failing to do so is a form of negligence under personal injury law.
To establish a premise liability case, the plaintiff must show that the property was dangerous, that the property owner knew — or should have known — of the danger, and that the injury occurred because of that danger. However, if a property owner warns guests about the danger on the property, they may not be negligent.
In addition to property owners, other parties can be liable for premises liability. Renters leasing the property, business managers, and government agencies are all examples of third parties that may be liable in a premises liability case.
Since negligence is the cornerstone of a premises liability claim, it is vital to demonstrate that the property owner did not meet the acceptable standard of care. Generally, property owners should behave like reasonable property owners in the same situation. In Prairieville premises liability cases, local and state norms will help determine if the property owner was reasonable for paying damages. The more unreasonable their behaviors, the more likely a court will find them negligent.
Determining Damages in a Property Injury Case
Many people want to know the average premises liability case award. However, it is impossible to get a strong sense of a specific claim without details. That is because these injuries can range from extremely mild to life-altering or even deadly. The damage awards in Prairieville premises liability cases vary accordingly.
Instead of looking at general damage award ranges, it is essential to look at awards for similar accidents and injuries. Those amounts will help people better understand how Prairieville values specific injuries. Some things to include in a damage claim are medical bills, lost wages, future medical bills, loss of earning capacity, and costs for care or adjustments. For example, the costs of medical equipment and modified vehicles could be compensated.
Damages can also include non-monetary losses. For example, pain and suffering is a common damage category. Pain and suffering do not cost the victim money, so paying for them is not repaying a financial loss. Instead, it is an attempt to monetize a non-economic injury. An attorney could work to determine how much money is fair compensation for someone’s experience of pain.
A Prairieville Attorney Could Help Maximize Damages in Your Premises Liability Claim
Every premises liability case is very fact-specific, so consulting an attorney about potential damage awards is essential. Your lawyer could help estimate a range for a damage award based on the facts of your incident and knowing that range will help you decide whether a settlement offer is fair.
To do so, your attorney may consider the type of injury, the length of recovery, whether any injuries are permanent, any disfigurement or disability, the person’s earning potential, and other factors. Then, they will compare that information to local awards for similar injuries. Using that information, they can estimate the range for damages in a Prairieville premises liability case. Schedule a free consultation with the legal team at Tomeny | Best to start working on your claim.
