People often sustain serious injuries in accidents when visiting someone else’s property, potentially making the property owner liable if negligence leads to the accident. Victims may recover compensation if another person or entity failed to provide them with a safe space by filing a claim or lawsuit to seek damages. Our team of Henderson premises liability lawyers can help victims by building a case against liable property owners in the event of an accident.
The law firm of Edward Bernstein and Associates has years of experience handling premises liability cases, with the ability to handle cases in and around the Henderson area.
Why Turn to the Attorneys at Edward Bernstein and Associates?
If you or a loved one sustain injuries in an accident on someone else’s property, you may build a case under Nevada premises liability law. The attorneys at Ed Bernstein and Associates have over 40 years of experience handling many types of personal injury cases, including those involving premises liability.
We understand what premises liability cases entail based on state law and how challenging they can be to navigate. You’ll need to prove how the property owner’s negligence led to your accident and that the owner owed a duty of care. With our help, you may gather and present sufficient evidence to support your case and successfully prove liability.
If you want to find out if our Henderson premises liability attorneys can help your case, contact the offices of Edward Bernstein and Associates today. We’ll help determine whether you can file a claim or suit against negligent property owners and recover compensation.
What Are The Types of Recoverable Compensation in Henderson Premises Liability Cases?
Before you can build a premises liability case, it’s important to know what kinds of damages you can recover. You must identify all specific damages that apply to your case, including economic and noneconomic damages. Different factors can influence the total amount of compensation you can recover for all damages, including the nature of your injury, the degree of the property owner’s liability, and more.
In a premises liability case, you may recover compensation for:
Economic Damages
These are damages that account for all monetary losses that victims sustain after an accident on someone’s property. Depending on the nature of the accident and resulting injuries, premises liability cases may involve many types of economic damages that quickly add up.
Some examples of these damages include:
- Medical expenses, including the cost of immediate and future care
- Loss of earnings while out of work during recovery or because of disabilities
- Lost earning capacity
- Property damage, such as damage to cell phones or other belongings sustained during an accident
- Rehabilitation and physical therapy
- Adjustments and additions made to homes or vehicles to accommodate disabilities
- Expenses related to a person’s death, including funeral and burial expenses
Non-Economic Damages
Another type of damage that injury victims may be able to recover is non-economic. While economic damages apply to all direct expenses related to a case, noneconomic damages involve the personal experience that victims have with their injuries and the trauma of the accident.
Premises liability cases may involve non-economic damages such as:
- Pain and suffering, including physical and emotional distress
- Disfigurement
- Loss of consortium or companionship
- Loss of enjoyment of life
- The effects of someone’s death, including loss of support and guidance for children and the loss of a relationship
Punitive Damages
In rare instances, premises liability cases may also involve punitive damages. These damages only apply in cases where property owners display outrageously negligent behavior or intentional misconduct that leads to injuries. They’re only available in a trial setting if the jury awards them, and there’s a cap on these damages. An attorney can help determine if punitive damages might apply to your case.
With the help of the lawyers at Edward Bernstein and Associates, you’ll be able to find out what types of damages factor into your case. We’ll identify all economic and non-economic damages involved, and we can determine if you’re entitled to punitive damages if the property owners acted with gross negligence or intentional misconduct.
Why Do Premises Liability Accidents Occur in Henderson?
Like many other cities in Nevada and across the country, Henderson contains many properties that could leave individuals vulnerable to injuries. Property owners must do what they can to maintain a safe environment for all occupants and residents, from business owners and landlords to homeowners and other residents. Failure to do so could lead to accidents resulting in serious injuries or even fatalities.
Henderson is home to many houses, apartment complexes, condos, businesses, and public properties that people occupy every day. If an accident occurs on any of these properties, their respective owners may be liable if they didn’t take reasonable steps to create a safe space for visitors. However, property owners may not be liable, depending on the status of the visitor and the duty of care the owner owed.
In open spaces, the weather in Henderson could also affect the condition of certain properties. For example, rain and flooding during periods of heavy rainfall could present slippery conditions or cause damage to property requiring maintenance. Other fixed natural hazards, including everything from trees and grass to natural waterways, may also be present. Property owners may be liable for accidents involving these hazards in these cases as long as they aren’t beyond their control.
If you decide to file a premises liability claim or suit, you must also remember the statute of limitations in Nevada. This statute of limitations restricts your time to file a case.
In Nevada, in most cases you have two years from the accident and injuries to file a claim against the property owner in most cases, so act fast if you want to recover full compensation.
Regardless of where the accident took place and the hazard leading to the accident, our experienced premises liability attorneys in Henderson may help determine whether the property owner was liable and the kind of compensation you’re entitled to receive. We can work to investigate the scene and gauge liability in many types of premises liability cases.
Common Types of Premises Liability and Resulting Injuries
Premises liability cases may involve many types of incidents and injuries.
Some of the different accidents may include:
- Slip and falls. Slippery surfaces, debris, and uneven flooring are a few potential causes of slip and fall accidents. Property owners should ensure areas are either devoid of these hazards or put up signage warning people of them, such as “wet floor” signs after mopping an area.
- Accidents resulting from poor maintenance. Property owners must also maintain their property to the point where wear and tear doesn’t pose a potential hazard. If deteriorating building materials and other elements cause an accident, the property owner could be at fault if they didn’t take the necessary steps to maintain them.
- Swimming pool accidents. Many premises liability cases involve swimming pool accidents. Children are often most at risk of these accidents due to unsupervised swimming or a lack of enclosure around the pool.
- Fires. Certain fire hazards can lead to a contained or open fire that spreads throughout the property and causes harm to occupants. Property owners may be liable in these instances if they fail to install sufficient fire protection systems or remove unnecessary fire hazards from the property.
- Inadequate security. Some premises liability cases could involve unauthorized individuals who enter a property and assault or kill others. Property owners may be liable if they fail to implement sufficient security measures, such as security guards and locking devices on doors in certain buildings.
- Dog bites. If someone else’s dog bites you, you may be able to file a claim against the owner as the law considers pets the property of their owners.
As a result of these and other causes, victims may sustain a variety of injuries, including:
- Traumatic brain injuries
- Head and neck injuries
- Broken or fractured bones
- Back and spinal injuries
- Burns
- Lacerations
- Animal bites
- Amputations
- Electrocution
- Drowning
- Wrongful death
Negotiating With Insurers in Premises Liability Cases
If you want to seek compensation from liable property owners in a premises liability case, one of the key steps to take will entail negotiating with the property owner’s insurance company. While this process might appear straightforward at first, you risk compromising your case if you negotiate on your own. Your case might turn out to be more complex than you first thought, and you could say or do the wrong thing that leads to a reduced or denied claim.
Insurance companies will do what they can to minimize the amount of compensation they pay out, especially when a case involves a large settlement. Even if the insurer makes an initial offer that seems high, it might be far below what you deserve, and taking that offer may prevent you from getting full compensation later.
You need professionals at your side to help with negotiations in these cases, which is where Edward Bernstein and Associates comes in. Our attorneys can work with you to determine precisely how much compensation you can recover, gather evidence to show how the property owner was liable, and negotiate a fair settlement with insurers. Meanwhile, you can focus on recovery.
What to Do After an Accident on Someone Else’s Property
In the event of an accident on someone else’s property, there are certain steps you can take to build a premises liability case and begin seeking compensation from liable parties. These steps involve:
Following Your Doctor’s Treatment Plan
If you sustain an injury in an accident, you should seek immediate treatment to get a formal diagnosis. After taking this first step, your doctor may provide a specific treatment plan that you’re supposed to follow. For example, you may need to make regular appointments, engage in rehabilitation and therapy, and take prescription medication in the proper dosages.
Following your doctor’s treatment plan will enable you to recover more effectively from your injuries and help prove the nature of your injuries through documentation that you generate over time.
Gather All Relevant Evidence
After your accident, collect as much evidence as possible to help support a case against the negligent property owners. This evidence could include medical receipts and bills, accident reports, insurance policies, property ownership documents, and photos or video footage of your injuries, property damage, and the accident scene. If you cannot get any of this evidence, an attorney may be able to help.
Document Your Experience
In a journal, you can record your experience with your injuries or other losses. For example, you could detail the levels of physical and mental pain you’re experiencing. Doing so may help you process the experience following the accident, and it could also help prove the non-economic damages you sustained because of the accident.
Avoid Using Social Media
Throughout your case, another critical step is to stay away from your social media profiles. Insurance companies and attorneys may attempt to use social media posts as evidence showing that your injuries and other damages aren’t severe. For instance, individuals might post a video of themselves using an arm that they supposedly injured and no longer could use until it healed. To avoid any potential issues, staying off social media while your case is ongoing is best.
When you’re ready to file a premises liability case, turn to Edward Bernstein and Associates. Our lawyers can guide you throughout your case and obtain supporting evidence that you’re unable to get on your own. We’ll also negotiate with insurers to maximize your chances of getting full compensation.
Speak With Trusted Henderson Premises Liability Attorneys
If you believe you have a valid premises liability case against negligent property owners, the Henderson personal injury attorneys at Edward Bernstein and Associates are here to help. We can discuss your case in a free consultation and determine what options you have regarding compensation.
For a free consultation, call our offices in Henderson at (702) 728-4137 or contact us online.