When a property owner fails to keep people safe, the injured person can hold them accountable through a premises liability claim. Every premises liability case is different, with varying injuries and losses to consider.
Due to many factors impacting a case’s outcome, there is no such thing as an average settlement or total amount that someone can win in court. Even the most minor details can create a difference between two seemingly similar lawsuits. A well-versed premises liability attorney from Colvin Accident Lawyers could inform you about your potential damages in a Bakersfield premises liability case and advocate for you during this time.
Liability impacts a case’s value. The state of California follows a pure comparative negligence model. Several states follow the pure comparative negligence model, which allows a person to recover compensation even if they are primarily at fault for the accident. That means if a person is 99% responsible, they will recover damages equal to 1%. An experienced attorney will know how liability impacts the total damages a person can win when they have been harmed on someone else’s land in Bakersfield.
A person who has been injured must prove that a property owner is liable by proving that they owed the injured person a genuine duty of care and that the duty was violated, causing the person to sustain legally recognizable injuries. When it is proven that the other side is liable, a hurt person is more likely to receive considerable damages.
There are three types of damages available in California. One type is economic damages, which are tangible in that there are typically receipts or monetary amounts documenting the costs of losses. Some examples include:
Another type of damages is non-economic damages. This includes:
Another type of damages is punitive damages, which are meant to punish the defendant and deter future similar actions. They are usually issued at the court’s discretion. Courts do not often apply punitive damages unless the defendant’s behavior is particularly egregious.
California has a two-year statute of limitations. People who have been hurt have two years from the date of the incident to file a claim. A Bakersfield lawyer can ensure that the statute of limitations is adhered to for a premises liability case so that total available damages are awarded.
Many factors can affect how much you win when you file a lawsuit. Who you hire to represent you in court and negotiate with insurance companies should not detrimentally affect the damages you win. Do not let your medical bills and expenses build up without getting legal assistance.
Contact an attorney today for help pursuing damages in a Bakersfield premises liability claim and to set up a consultation meeting.
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