It can be complex to prove public property premises liability cases in Raleigh, depending on who owns the public property. If it is a private land owner, it is going to be a different claim than if an injury happens at a state park or at a publicly-owned facility. In that case, a person would have a claim against whatever entity owns it. A Raleigh public property premises liability lawyer can be essential help in a claim moving forward. If you have a case for public property premises liability, contact an experienced premises liability attorney right away.
Duty of Care
The same standard of care applies in Raleigh public property premises liability cases as it does for other liability cases. It is the standard of reasonable care to warn of any known defects or correct any defects that are known or should be known about.
The state of North Carolina determines the laws. There may be city and county ordinances that apply as far as keeping public spaces maintained at a certain level, up to date, or safe. For any violations of those in a complaint alleging negligence, North Carolina’s statutes and North Carolina case law will apply as to whether the public entity was negligent.
A person would be dealing with the insurance company in these cases still. If the public or governmental entity is insured, the insurance company is going to do everything it can to defend the case, if there are grounds to do so.
For a free legal consultation with a public property lawyer serving Raleigh, call (800)785-5000
Filing a Claim
First, a person has to make sure that there is no governmental immunity that applies and no officials acting or involved in their custody. If a person files a Raleigh public property premises liability lawsuit, they would name the county, city, or other entity that owned the property where the injury occurred. Sometimes that can be tricky to know with whom someone is dealing, so the help of a public property premises liability lawyer in Raleigh can be necessary.
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Potential Damages
After a premises liability accident on public property, an individual may be able to recover the past and future medical expenses, any lost wages or lost income, and any pain and suffering or ongoing permanent injuries that may have occurred.
Some factors of damages determination would be if the individual was at all negligent in their movements about the property or the premises and if there was nothing that was deemed to have been negligent about the defect on the property or about the way the person got injured. If the individual cannot prove negligence on the part of the person owning or occupying the land, then no matter how bad the injury is, a person is not going to be able to maintain a lawsuit against them.
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Working with a Raleigh Public Property Premises Liability Lawyer
A person should hire a Raleigh public property premises liability lawyer as soon as they are able, especially if they are injured really badly and are facing expensive recovery. Some examples of severe injuries resulting from liability accidents include broken ankles, broken wrists, and injuries that require surgery, physical therapy, or rehabilitation. Those are types of injuries that require ongoing medical treatment and may have a permanent schedule set up.
Whatever the person discusses with their attorney is going to be privileged and confidential. What the person discusses with friends or family is not protected. A person would want to make sure they do not harm the case by talking about it openly. It is important to be careful of social media. Someone should not post anything on Facebook or Twitter about the person’s potential case or what happened. All of that discoverable information, and it can be used against the person in court.
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What to Expect from a Lawyer
The initial consultations are free, so there will not be any charges associated with seeing if an attorney might be able to help. At the first meeting, an attorney wants to know exactly what happened in painstaking detail.
This includes asking about photographs of the defects, photographs of what happened, when the person fell, as much detail as possible about how the person landed, how the injury occurred, and what the injuries were.
A client should expect to receive an update on their case and to be involved in the process of where the case is going. They should also expect that their attorney is going to fight hard for them. If an attorney agrees to accept a case, they need to be willing to pursue it from all angles and as long as necessary.
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