The court process for a premises liability case is similar to any other type of case that goes to court—you must bring evidence to court to prove the property owner’s negligence, how that negligence led to your injuries and the damages that you incurred due to those injuries.
If you have been hurt on a homeowner’s or business owner’s property, you may be looking into the process of filing a lawsuit. A lawsuit is when you allege in court that someone has caused you harm and that they need to pay you damages for the harm you suffered. For example, if you are a guest at a neighbor’s barbeque, you could sue your neighbor if their dog attacks you for no reason.
If your injuries have caused hardships in your life, you may have suffered financial hardships, such as lost income and medical expenses. Learn more about going to court for a premises liability case.
An Attorney Can Help You Prove Your Premises Liability Case
Evidence is key to all court proceedings. If you hope to win compensation for a premises liability accident, you will need to have proof.
For example, if you were hurt in a slip and fall accident at a grocery store, you need to be able to prove that your slip was the fault of a worker or the store’s owner.
If there was a spill on the floor that someone neglected to clean up, you need to be able to prove this. You can use statements from witnesses who saw the spill and/or saw your fall to prove your case. You could use photos of the spill as evidence to demonstrate what caused your injuries.
Other types of evidence you could use to prove your case:
- Witnesses’ statements
- Photo and video evidence
- Video surveillance footage
- Police or accident reports
- Sweep sheets
- Work orders
- Maintenance agreements
- Inspection reports
- Medical evidence
- Physical evidence
- Documentation of your losses
Once you have evidence, you will present it in court to convince the judge or jury that you were hurt and are owed damages. You can also give your own account of what occurred when you go to court. Medical evidence is helpful for proving injuries and damages.
Compensation You Could Receive from Your Lawsuit
The compensation you could win varies greatly from case to case and will depend on your losses, the court that tries your case, and how many parties were involved. For example, if you were catastrophically injured in a premises liability accident, you could receive a considerable amount of compensation for your accident. This is because you:
- Are unable to work again
- Could be in significant physical pain due to your injuries
- Could be permanently injured
- Are suffering from mental trauma related to a serious injury
- Are unable to enjoy your life as you once did
- Require physical therapy
Compensation should account for all of the losses you suffered, including non-financial losses, such as scarring, disfigurement, and self-esteem issues.
The court that hears your case should do all they can to see that you are made whole through financial compensation for what happened to you. They will try to be as fair as they can under the circumstances.
How the Court Process Works
The process of going to court for a premises liability accident follows these general steps:
- Initial court filings and hearings
- Discovery process, which consists of depositions, written discovery requests, and subpoenas, whereby each side investigates and develops evidence
- Trial begins
- Opening statements
- Evidence is presented
- Closing statements
Keep in mind that you generally have only two years to file a premises liability lawsuit, according to NRS §11.190(4)(e).
If both parties (usually the at-fault person’s insurance company and your counsel) can come to an arrangement as to fair compensation for the accident, then you can receive a settlement instead of continuing the court process all the way to a verdict.
Alternatives to Going to Court
If you decide to settle your premises liability case outside of court, you could avoid the court process entirely or partially. Some cases are settled outside of court. Even if initial paperwork is filed in court, both parties can often come to a fair arrangement as to compensation without the court’s intervention.
Seek Legal Help for a Premises Liability Case Today with One of Our Attorneys
Our premises liability lawyers can handle your case from start to finish, regardless of whether or not you file a lawsuit. If you have additional questions about the process, feel free to reach out to Bernstein & Poisson. Our firm offers free case consultations so you can learn more about the process of filing a claim or lawsuit for a premises liability accident.