Phoenix Premises Liability Lawyer
From the minute you walk onto another’s property as an invited guest, you are owed safety within that location. This means you can get from Point A to Point B without slipping, tripping, or having stray debris fall down onto you. When a property owner fails to adhere to this duty of care, it is subjecting all guests to the probability of injury or harm. Common premises liability accidents include slip-and-falls, trip-and-falls, debris-related accidents, construction zone injuries, and dog bites.
If you have recently been injured due to a property owner or business’s negligent behavior, you are owed damages for your suffering. With the help of a qualified Phoenix personal injury lawyer, you can swiftly get access to the compensation you need to move forward from your accident. Feller & Wendt has proudly served the community of Phoenix, Arizona, for many years now and would love to do the same for you.
What Types of Damages Can You Receive for Premises Liability Claims?
Having your dinner out at your favorite restaurant be disturbed by slipping in a puddle of unmarked water can result in a range of injuries, from broken bones to a concussion. After you have received medical attention and filed a report, it’s time to begin the process of getting legal recourse and having a Phoenix premises liability attorney fight for adequate compensation. Victims of premises liability claims are entitled to the following types of compensation for their injuries:
Economic damages cover the cost of tangible losses. This can range anywhere from medical bills, rehabilitative therapy, missed wages due to the inability to work, or the cost of prescription medications.
For losses not so easily calculated, non-economic damages are given to the victim. These account for intangible losses, like endured pain and suffering, loss of consortium, feelings of embarrassment, and so on.
If your premises liability case directly results from another’s gross negligence, you may qualify to recover punitive damages. Gross negligence is the act of willful recklessness. For example, if a shop owner has been told by a building inspector that they need to replace their roof or it will cave in and they willfully ignore that advice, they may have been grossly negligent.
Arizona follows a comparative negligence law, meaning you may still receive damages if you are found to be partially liable for the accident. Your damages will be reduced according to the percentage of negligence determined by the court.
Common Mistakes Victims of Phoenix Premises Liability Claims Make
Navigating the aftermath of an accident can feel overwhelming, and you may not know what steps to take next. Common mistakes victims of Phoenix premises liability claims make include the following:
Not Filling Out an Incident Report
After the accident has occurred, it is highly recommended that you put the establishment where the incident occurred on notice if you are physically able to do so. Most places have you do this by filling out an incident report. Be as detailed and thorough as possible when filling out the report. Take your time and don’t let anyone rush you. If you can’t fill out the report, have your friends or family fill it out for you. Once done, TAKE A PICTURE OF THE REPORT before you give it to the establishment. Many establishments will not give the report back to you and they won’t give you a copy once you turn it in. Take a picture of the report and provide the picture to your Phoenix premises liability attorneys.
Not Gathering Evidence
After the accident has occurred, it is highly recommended you begin to gather evidence if it is safe to do so. For a slip-and-fall or other premises liability accident, examples of pertinent evidence to collect and assess include photographs, video footage taken from your phone, eyewitness testimony, a police report, and even medical records.
Many people are too overwhelmed or injured to gather evidence immediately after their accident. When you hire a dedicated attorney, you don’t have to worry about not having gathered anything, as they will do it for you. While you focus on resting and recovering, the team at Feller & Wendt will begin investigating the circumstances surrounding your accident and gather time-sensitive evidence like security footage, expert testimony, and building inspection reports.
Not Filing on Time
Phoenix, Arizona currently has a two-year statute of limitations for any personal injury claim, including premises liability cases. You have exactly two years from the accident date to have your claim fully filed with all necessary documentation. This may seem like a meetable deadline, but when combined with the commotion of healing from an injury and ensuring everything is filled out correctly and sent to the right location, getting your personal injury claim out on time can become quite the burden.
Feller & Wendt is here to handle the hard part for you. We’ll ensure everything is filed correctly, on time, and sent to the correct location. Filing on your own can mean a dismissed case, missed deadlines, and low settlements. Let us help you avoid those possibilities by allowing us to handle the paperwork for you.
Not Hiring an Attorney Immediately
When you try to navigate the claims process alone, you are going into a settlement situation with an insurance company whose main priority is to give you a small settlement and even possibly have your case dismissed. Don’t risk it; hire a Phoenix premises liability lawyer immediately. By doing so, you are partnering with someone who will take care of your schedule and filings, gathering and assessing appropriate evidence, and more.
Speak to a Phoenix Premises Liability Lawyer Today
Feller & Wendt have spent many years proudly defending our community’s rights and getting them the financial compensation and justice they need to live a happy and healthy life. Our firm has helped recover hundreds of thousands of dollars in damages, and we hope to include you in that number soon.