You might have a premises liability injury claim if you were hurt on someone else’s property in Franklin, Tennessee. A property owner’s negligence or carelessness can cause people to suffer harm from a dangerous condition, criminal act, or slip and fall accident.
Some scenarios that could result in a premises liability claim include:
- An owner storing flammable gas near a designated smoking area on their property.
- A guest becoming the victim of a crime because of negligent security.
- A person being injured in a slip and fall accident due to a hazard on one’s property.
You may not see the specific situation that resulted in your injuries listed above. If you were injured on another party’s property, whether you were visiting for personal or commercial purposes, we may be able to help you. A Franklin premises liability lawyer from The Cochran Firm – Nashville, can help you pursue monetary damages for your medical bills, lost income, and pain and suffering. You can call us today at (615) 651-7451 to get started. The initial consultation is free.
Contributing Elements to Your Accident
Premises liability injury claims can arise on either residential or commercial land. According to information provided by the National Floor Safety Institute, floors and flooring materials are some of the top contributors to premises liability accidents nationwide.
Determining who can be held responsible for your damages will rest on the details of your case. For instance, if you fractured your skull because your neighbor engaged in horseplay while you were visiting his pool, he may be liable for your losses. If you slipped and fell in a puddle at a chain store, and broke your hip, the mega-corporation may be responsible for the harm you suffered.
Your Franklin premises liability lawyer will review the evidence in your case to determine who can be held responsible for your losses.
Some of the elements that may have contributed to your injuries include:
- Unfenced pools
- Leaking pipes
- Exposed or frayed wires
- Stairs without handrails
- Poor lighting
- Transitory foreign substances (i.e., spills)
- Uneven flooring
- Torn carpet
- Unmaintained landscaping
Your lawyer can review photo and video evidence, witness statements, and your medical records to support your claim.
For a free legal consultation with a premises liability lawyer serving Franklin, call 615-678-6278
How Much Time You Have to File a Lawsuit for Your Damages
You need to take action quickly if you get hurt in Tennessee. Our state usually only gives you one year from the date of your accident to file a lawsuit against the responsible party, according to TN Code §28-3-104. If you miss this deadline, you could lose the right to get compensation, no matter how devastating your injuries.
A Franklin premises liability lawyer at The Cochran Firm – Nashville, can help you avoid these pitfalls. You can call us today at (615) 651-7451 to find out what we can do for you.
Franklin Premises Liability Lawyer Near Me 615-678-6278
What We Have to Prove in a Premises Liability Case
A property owner is not automatically liable every time someone gets hurt on their property.
We have to prove all four of these factors to establish a property owner’s liability:
- Duty of care. Your lawyer must prove that the liable party owed you a duty of care. Let’s say that a person came into Franklin for a job interview and stayed in a local hotel. Hotels have an implied duty of care to promote the safety of their guests.
- Breach of duty of care. We must prove that the liable party breached their duty of care. In this scenario, there had been multiple break-ins to guest rooms at the hotel during recent months. The rooms had flimsy locks and no deadbolts. Even after numerous break-ins, the hotel did not upgrade its security or replace the locks to protect guests. The hotel breached its duty and was, thereby, negligent.
- Causation. Your Franklin premises liability lawyer should prove the liable party’s negligence caused your injuries. Because of the hotel’s negligent security, the break-ins continued. An elderly guest got assaulted during one of these events and suffered severe injuries that put him in the intensive care unit. In this case, the hotel’s negligence was a contributing cause of the plaintiff’s injuries.
- Quantifiable losses. The plaintiff must be able to show measurable damages. Physical injury satisfies this element of liability. The plaintiff had physical injuries with quantifiable monetary losses.
After we prove all four elements, we can go after the negligent party for your economic and noneconomic losses.
Damages in Premises Liability Cases
There are two primary types of damages in cases that involve injury to one’s person. Economic losses are those items that typically come with things like receipts and place a dollar value on an expense. Noneconomic losses are things like pain and suffering, that are not as easy to quantify but have value and can be recoverable.
Here are some examples of the types of losses you could recover the cost of:
- Lost income. If you missed time from work without pay because of your injuries, medical treatment, and recuperation time, you can go after this expense. This category can include lost wages, salary, self-employment, and other forms of regular income.
- Decreased earning capacity. A severe injury can limit a person’s ability to support himself through gainful employment. Let’s say that you can no longer work as a contractor, a job you have held for a long time. Your financial losses can be compensable in this situation.
- Medical expenses. The reasonable cost of treatments you needed for your injuries is usually compensable. This category can include things like the ambulance, emergency room, hospital, x-rays, diagnostic procedures, surgery, doctors, physical therapy, pain management, and prescription drugs.
- Specialized care. Some severe injuries, like traumatic brain injury, can require a stay for weeks or months at a rehabilitation center that specializes in that type of treatment. This can be very expensive but can be accounted for in your claim.
- Long-term care. Tragically, a devastating injury, like spinal cord damage, can leave a person in need of ongoing daily assistance with medical treatments and personal care. This expense can be a part of your premises liability claim.
- Assistive equipment. If you need assistive equipment because of your injuries, like a wheelchair or modified vehicle, these costs can be compensable. Home modifications like ramps, lowered countertops and light switches, and lift equipment can fall into this category.
- Noneconomic losses. In addition to these economic losses, you might have a claim for noneconomic damages. This category can include things like pain and suffering, disfigurement, and loss of enjoyment of life.
We prove the economic losses through documentation, like medical records and your employer’s data. We can calculate the amount of your noneconomic losses after we determine your total economic losses.
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How a Lawyer Can Help
At The Cochran Firm – Nashville, want to stand by your side. A Franklin premises liability lawyer can handle your premises liability claim so that you can focus on getting better. Call us today at (615) 651-7451 for a free consultation. There is no obligation.