There are many types of properties that house businesses, residents, and even governmental agencies and services throughout Bakersfield. The owners or managers of these property types have a legal duty to protect their visitors from hazardous property features. This is typically done by regularly inspecting the property for hazards that could cause injuries and promptly mitigating them. For dangerous features that cannot be immediately repaired, the property owner or manager is required to place prominent warnings near the hazard in order for visitors to know to avoid it.
There are many types of property features that can cause injuries in Bakersfield, including cluttered walkways that can lead to a slip-and-fall accident, improperly maintained elevators or escalators, or even criminal activity that is known to occur at or near the property. When a property owner fails to protect their guests from injury, the injured party can seek compensation through a premises liability claim, which is a type of personal injury claim. An experienced Bakersfield premises liability attorney at Kash Legal can assist the claimant as they navigate this process.
When a person is injured as a result of a property owner or manager’s negligent maintenance, the injured party can seek compensation by filing a claim against a relevant insurance policy. A claims adjuster from the insurance company that services that policy will evaluate the claim and determine whether their insured was liable and how much compensation is owed to the claimant. The claims adjuster can then choose to either pay the claim outright, deny the claim and offer the claimant a written reason for the denial, or offer to settle the claim out of court for a different amount than the established value of the claim.
Often, when the insurance provider makes a settlement offer, the claimant’s Bakersfield premises liability attorney can negotiate with them in order to get them to increase the offer until it provides a level of compensation that the claimant considers fair. If the insurance provider refuses to fairly compensate the claim, it can be filed as a personal injury lawsuit in order for the court to render decisions on liability and compensation. In most cases, premises liability claimants in Bakersfield have two years from the date of the injury to file a lawsuit.
A Bakersfield premises liability lawyer has an important role to play in the ability of the claimant to obtain the compensation they need through this process. Lawyers can help value the claim, communicate with the insurance provider, protect the claimant’s right to use the court process by ensuring that the lawsuit is filed within the two-year statute of limitations, and even litigate the case. Furthermore, they can provide the guidance and information their clients need to make important decisions about their case, such as accepting an offered settlement.
When an injury occurs as a result of a property owner or manager’s negligence, the injured party can seek compensation for both the expenses and the impacts of the accident. This includes the costs of medically treating the injury as well as any wages lost due to being too injured to work. If the injury is permanent in nature and creates disabilities that render the claimant unable to work, they can seek compensation for their loss of earning capacity.
Often, the psychological impacts of the injury constitute at least half of the claim’s value. The types of impacts that can be compensated through a premises liability claim include physical pain and suffering, emotional distress, loss of consortium, and loss of the enjoyment of life, which occurs when the extent of the claimant’s injuries prevent them from engaging in hobbies and activities that were important to them before the accident.
There are two things that need to be proven in order to have a successful outcome to a Bakersfield premises liability claim: liability and the amount of the claim. Liability is proven by using evidence and testimony to establish the following elements of the claim:
In order to justify the claim’s value, the claimant and their Bakersfield premises liability lawyer must be able to show the expenses and impacts that were incurred by presenting documentation and other evidence such as medical bills, testimony from medical experts, and even the testimony of family members and friends. In some cases, the claimant’s own journals of the amount and type of treatments they’ve received can be included.
When an individual is injured as a result of a dangerous property feature, they often have a lot of anxiety over how they are going to be able to pay their expenses or move forward in their lives in light of the injury they’ve suffered. The Kash Legal team understands how frightening this experience can be and we’re here not only to offer quality legal representation and assistance with your claim, but also quality customer service. We aren’t here to make decisions for you about your claim, we’re here to provide the guidance and services you need to make informed decisions about the best way to obtain the compensation you need.
A Bakersfield premises liability lawyer from Kash Legal is available to evaluate your claim for free and answer any questions you have about the process. Contact us online or call us at (888) 527-4128.
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