Ylla | Gosney Attorneys at Law represent victims injured due to a premises liability in Choctaw. Premises liability is when a person, property owner, company, or government entity fails to maintain a safe environment, and someone gets hurt.
The Premises Liability Lawyers at Ylla | Gosney protect injured victims with legal representation to ensure they are fully compensated. To better understand your legal options, contact Ylla | Gosney today for a no-cost, no-obligation consultation.
Do I Need a Lawyer for a Premises Liability Injury?
Under the Oklahoma Premises Liability Law, Title 76. Torts 76-80, property owners must keep their property reasonably safe and warn people who come onto their property about possible dangers. If someone gets injured, bringing a lawsuit against the property owner can be tricky, which is why it is recommended to seek the counsel of one of our Premises Liability Lawyers at Ylla Gosney. Our lawyers will manage your claim and assist you with the following if you’ve been injured on someone else’s property:
- Increase your initial settlement through negotiations
- Make you aware of the compensation you will need in order to treat your injuries and make a full recovery
- Help you understand what a fair settlement should be based on the details of your case
- Build a case by gathering evidence such as:
- Proof of the damages you’ve suffered
- Evidence that a person, or business, was liable for your injuries
- Evidence the accident was in no way your fault, nor could you have done anything to prevent it
- File a claim in court if a settlement cannot be reached, and represent you in court in front of a judge and jury
What Should I Do After a Premises Liability Injury?
If you’re injured in a premises liability accident, you should seek medical attention immediately. Seeking medical attention is not only important to your health, but it is an essential step to building a strong case if you elect to take legal action, even if you feel you’re not injured. Following medical treatment, it is recommended to:
- Report the injury to management (if applicable). Premises liability accidents require a prompt investigation, especially if they occur on property owned by a corporation.
- Take your own photos of the scene and get witness statements. Hazardous conditions can be removed or remedied very quickly to prevent more accidents, so it is important for you to capture the dangerous environment while it is still there.
- Follow up on your injuries with a doctor. Any injuries you’ve sustained from your accident will become a part of your case, and you will need a doctor to corroborate your injuries.
- Contact Ylla | Gosney to protect your rights to compensation. Most accident victims find themselves overwhelmed by the incident and fail to realize the enormous impact an injury can have on their lives. Our experienced attorneys can help you understand your legal options and get you the compensation you need to make a full recovery.
How Do I Know if I Need a Lawyer After a Premises Liability Accident
Determining whether you need a lawyer after filing a premises liability accident claim with the liable party’s insurance will depend on a number of factors. For example, if their insurance does not fully cover your damages or disputes your claim, it is recommended to consult with the Premises Liability Attorneys at Ylla Gosney.
If your injuries are minor, such as scrapes and bruises, then you will most likely not need a lawyer. However, if you suffered injuries that caused you to need medical treatment or miss time at work, then we can help. An insurance company does not place much value on missed time at work, having to change careers, or the emotional trauma involved in an accident.
That’s where one of our attorneys can help. At Ylla | Gosney, we make sure injured victims receive full compensation for the following damages:
- Special Damages: medical bills, ongoing treatment, costs that accumulate when you’re unable to work, like rent or mortgage payments
- General Damages: these are non-economic hardships like pain and suffering, anxiety, depression, mental trauma
- Wrongful Death Damages: these damages may be sought by a spouse or close relative for funeral arrangements, burial expenses, and medical treatment before a loved one’s death
- Punitive Damages: these damages are rare, but if a property owner engaged in reckless behavior or had the intention of hurting you, then you could sue for punitive damages
Understanding Premises Liability in Choctaw
Property owners in Choctaw, Oklahoma, have a responsibility to ensure their premises are safe. This goes for homeowners, business owners, as well as government entities. If any injury occurs because of a condition that the property owner was aware of, or reasonably should have been aware of, they may be held liable for the injured person’s losses.
Providing evidence is key in a premises liability case. If the condition is permanent to the property, it is often assumed that the property owner should be aware of it. When it comes to temporary hazards like spilled water on the floor, timing is everything.
Let’s say the water was spilled on the floor recently, and someone slipped and hurt themselves. The owner may not be liable. However, if the water was left, spilled on the floor, and the owner did nothing to prevent it, the owner could potentially be liable. Typical premises liability conditions include:
- Wet or icy surfaces
- Sudden changes in flooring
- Insufficient lighting
- A concealed hole or gap
Can I File a Premises Liability Lawsuit if I Signed a Liability Waiver?
“Assumption of risk” liability protects business and property owners from lawsuits when their customers participate in risky activities. These contracts are typically used at gyms, theme parks, or recreational sports leagues. Liability waivers will put those protections into words for people to agree to before participating in activities on their property.
However, liability is not a legal “bullet-proof” shield against lawsuits. Otherwise, property owners would be permitted to be as unsafe as they want and free themselves of liability just by using the right verbiage in their liability waiver. A liability waiver can be invalidated if:
- The property or activity violates Oklahoma or federal law
- The terms of the contract are unethical or morally wrong
- The property owner used fraud or misrepresentation to get you to sign the waiver
- You signed the contract under duress
- You were injured due to gross negligence – when someone was injured intentionally, or an obvious danger was ignored ,and caused someone harm.
A liability waiver, however, does protect business owners from ordinary negligence. So, it is important to understand what you are signing before you go onto someone else’s property and know what you are responsible for. We recommend the following precautions before signing a liability waiver:
- Research online for lawsuits and safety violations for that particular place
- Obey the “safety rules”
- Check with the property owner to see if they have accident insurance for their participants
- Make sure you have active health insurance
What is the Average Settlement for a Premises Liability Accident?
If you are not found at fault for the accident, then you are entitled to whatever settlement amount you and the insurance company agree upon. It is important to note that insurance companies are looking out for their business, not your well-being. So, the best way to maximize your settlement amount is to partner with a personal injury attorney.
It is important to know that there is no average premises liability accident settlement, as the details of each incident vary on a case-by-case basis. However, the following factors will play a large part in determining the total value of your accident:
- Severity of injuries: These can be broken down into 3 tiers, with Tier 3 being the most severe.
- Tier 1: Minor, non-surgical injuries such as strains, sprains, and contusions.
- Tier 2: Deep lacerations, broken or fractured bones that require surgical intervention
- Tier 3: Traumatic brain or spinal cord injuries, resulting in temporary or permanent function loss
- Insurance coverage: the extent of the at-fault party’s insurance policy
- Lost income: Total amount of lost wages, which were a direct result of the injuries sustained from the accident.
- Medical Expenses: Medical expenses incurred from your injuries and any future medical treatments you may expect to have.
- Pain and Suffering: Emotional stress, trauma, and anxiety caused by how much your life has changed since the accident.
Contact Ylla | Gosney Premises Liability Lawyers
If you or a loved one has sustained injuries from a premises liability in Choctaw, the Premises Liability Attorneys at Ylla | Gosney can help you recover full compensation for your damages. Navigating the legal complexities of premises liability can be a nightmare for you and your family, but it doesn’t have to be. Our law firm protects victims of premises liability accidents by negotiating fair settlements and protecting their right to compensation.
Contact Ylla | Gosney today for a free consultation and case evaluation. No upfront money is required for our counsel, and we don’t get paid unless we win your case.