Filing a premise liability claim means that you believe another person or business is responsible for your losses, such as your medical bills after a fall. These types of claims may seem simple enough, but they are rarely that straightforward. In many situations, our clients are simply faced with insurmountable demands and tasks from the insurance company.
At BDIW Law, an Oklahoma premises liability lawyer can provide you with specific insight about your case when you reach out to us for a consultation. There is no charge for this, but it is one of the best ways to learn whether or not you have a case. If you decide to work with us, we can help you structure a legal strategy to ensure your voice is heard.
Common Evidence in a Premise Liability Claim
There are several factors that you need to consider when pursuing compensation for your loss. The goal is to show that:
- There was a risk to you at the property.
- You had the right to be there (you were not warned not to be there).
- The owner or other responsible party knew the risk existed.
- The owner or responsible party had the time to fix or improve the situation but did not do so.
To be negligent, the owner or the person responsible has to fall into this scenario. For example, if a customer spills their food on the floor, but the manager does not know it happened or did not have time to clean it up before you fell, that may mean the liability is less. However, our goal is to help you when there is clear evidence that this did not happen.
Evidence of Responsibility
One of the main goals of working with our premise liability attorney will be to prove that your losses are the result of a dangerous situation. To prove this, we may be able to use information such as:
- Witness statements about what occurred
- Video of the scene where and when it happened
- Employee information about the care and maintenance of the area
- Interviews with other involved parties
- Photographs of the scene of what occurred
- Reports from law enforcement
This information is not always easy to obtain. However, if you were able to get the name of anyone who was a witness, that could offer some help. You may also want to consider working with our legal team so we can pursue evidence through video that the location may have.
Evidence of Your Losses
When it comes to premises liability, you have to show that your injury was brought on by the incident. For example, you must have suffered injuries that led you to go to the hospital or to receive medical care. You may need to show this through evidence such as:
- Emergency medical response reports
- Medical bills from the hospital
- Long-term care and recovery costs
- Documentation of your injuries from your doctor
- Proof of your care before your injury, such as having no medical record of injuries prior to the accident
- Photos of the scene
- Photos or video of what occurred
Our goal in this situation is to show that what happened to you in that moment caused you some type of loss.
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What to Do if You Do Not Have Evidence
It is not always the case that there is a long, drawn-out scene when someone suffers an injury due to premise liability. You may be struggling to find any evidence to support your claim.
Our premise liability attorneys can help you. We will work closely with you to uncover what is occurring based on the information you provide to us.
Often, during our conversation with you about the incident, we will be able to pinpoint specific opportunities for evidence. That may be, for example, the availability of cameras near the incident or information from a police report that could offer some clarification.
If your case caused serious injury or loss for you, it may be worth working with an accident recreation specialist or gathering expert witness statements. These are professionals who can shed light on what occurred and provide some insight to a judge as well.
Sometimes, your testimony is the only thing present. That does not mean you cannot move forward with your case. It may be more challenging, and insurance companies may fight you on it. However, our experience can work for you here.
We will work to show what occurred to you was due to the negligence someone else caused.
How to Know if You Have a Premises Liability Case
Sometimes, our clients are unsure if they have a case at all. They may have losses and may know that those losses were due to someone else’s mistake. But do you have a case? Is it worth fighting for?
Meet With Our Attorneys
During a free case evaluation with our premise liability attorney, we will discuss your case with you thoroughly and work to uncover any insight into your situation. Our team of attorneys does not charge for this initial case review. And, if we take the case and it does not pan out, you owe us nothing.
Consider Your Long-Term Needs
Many times, people facing these decisions have found themselves with complicated medical loss and numerous instances of financial struggle due to an accident like this. If you were hurt on someone else’s property and you are struggling, we want to talk to you about your rights.
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Set Up a Free Case Evaluation Now to Learn How We Can Help
BDIW Law is ready to help you. Set up a free consultation with our premise liability attorney. From there, we can answer all of your questions. What evidence do you need to file a premise liability claim, then?
Have a conversation with our team, and we will provide you with specifics. Call BDIW Law now to learn more about your rights. We are here 24 hours a day to help.
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