Can I Sue a Business If I Was Hurt on Their Property?
Not many people go about their day thinking they will be injured on someone else's property. If it does happen, the physical pain, emotional distress, and financial burden that follow can be a lot to handle. You may be confused about your rights and unsure of what steps to take next. Fortunately, you have options.
At Blaszkow Legal, PLLC, our team of dedicated personal injury attorneys is committed to guiding you through this difficult time. Located in Alexandria, Virginia, we serve clients throughout Fairfax, Woodbridge, Arlington, and Manassas, offering the legal support you need to fight for your rights. Our knowledge lies in understanding the nuances of personal injury law and using this knowledge to help our clients seek justice.
Understanding Negligence and Personal Injury Claims
In the realm of personal injury law, negligence plays a pivotal role. It's a term that often comes up in conversations, legal documents, and courtrooms. But what does it really mean and how does it affect your claim?
Negligence refers to the failure to exercise the level of care that a reasonable person would have exercised under similar circumstances. When we talk about a business's negligence, we're referring to their lack of action or inappropriate action that fails to ensure the safety of those on their premises.
To establish a personal injury claim against a business, you must prove three things: the business owed you a duty of care; the business breached this duty; and this breach directly caused your injuries. Let's delve into these points a little deeper.
Proving Negligence in Business Premises Liability Cases
These three key elements include the following:
Duty of Care: This is the responsibility that a business has towards its customers, namely, to maintain a safe environment. For instance, a grocery store has a duty to clean up spills promptly to prevent slip-and-fall accidents.
Breach of Duty: If a business fails to uphold its duty of care, it's considered a breach. Using the same example, if the grocery store knew about the spill but didn't clean it up promptly, they've breached their duty of care.
Causation: This is the link between the breach of duty and your injury. You need to prove that the breach directly caused your injury. In our example, you slipped on the unattended spill, causing your injury.
For instance, if the business did not regularly inspect and maintain its premises, leading to hazardous conditions that caused your injury, this could be considered negligence. Similarly, if a business failed to warn customers of potential dangers or did not adhere to safety standards and this directly resulted in your injury, they could be held liable.
Types of Personal Injury Claims Against Businesses
In personal injury law, there are many different types of claims you can make against a business if you've been injured on their premises. The nature of your claim will depend on the specifics of your case, such as how and where you were injured. Some of the common types of personal injury claims that can be made against businesses are:
Slip & Falls: These are common in places like grocery stores or restaurants where spills may occur. If the business fails to promptly clean up a spill and you slip and fall as a result, you may have grounds for a claim.
Car Accidents: If you're involved in a car accident on a business's property, such as in their parking lot, the business could potentially be held liable.
Truck Accidents: Similar to car accidents, if a truck accident occurs on a business's property, and it can be proven that the business was negligent, you may be able to sue.
Pedestrian Accidents: Businesses must ensure the safety of pedestrians on their premises. If their negligence leads to a pedestrian accident, a personal injury claim may be possible.
Motorcycle Accidents: If a business's negligence causes a motorcycle accident on their premises, they could be held responsible.
Bicycle Accidents: Businesses are also responsible for ensuring the safety of bicyclists on their property. If their negligence results in a bicycle accident, you could potentially sue.
Bus Accidents: If a bus accident occurs on a business's property due to their negligence, they could be held liable.
Delivery Driver Accidents: Businesses that employ delivery drivers have a responsibility to ensure their drivers are well-trained and safe. If a delivery driver causes an accident resulting in your injury, the business could potentially be held responsible.
Brain & Spinal Cord Injuries: If you suffer a serious injury, like a brain or spinal cord injury, on a business's property due to their negligence, you could have grounds for a personal injury claim.
Wrongful Death: If a loved one dies as a result of a business's negligence, you may be able to file a wrongful death lawsuit against the business.
Medical Malpractice: If a business provides medical services and you're injured due to their negligence, you may have a valid medical malpractice claim.
Remember, every case is unique, and it's important to consult with an experienced personal injury attorney to understand your rights and the best course of action for your case.
Contributory Negligence and its Impact on Personal Injury Claims
Contributory negligence means that if you're even 1% responsible for your injuries, you may not be able to recover any compensation. Insurance companies often use this principle to challenge personal injury claims. That's why it's crucial to have experienced attorneys like us who can fight for your rights.
Seeking Compensation for Personal Injury Claims
When you sue a business for personal injury, you may be entitled to various types of compensation. These include medical expenses, lost wages, and compensation for pain and suffering.
Medical expenses cover the cost of treatments, surgeries, medications, rehabilitation, and any future medical expenses related to your injury. If your injury has caused you to miss work or affected your ability to earn a living, you may be eligible to claim compensation for lost wages. You can also claim compensation for the physical pain, emotional distress, and impact the injury has had on your quality of life.
Why You Need a Personal Injury Attorney
Being injured on someone else's property is a challenging experience, but our team at Blaszkow Legal, PLLC is here to guide you through it. With our knowledge of personal injury law, we'll fight for your rights and help you seek the compensation you deserve. Reach out to us today; let's take this journey together.