Suffering an injury on someone else’s property could have a devastating impact on your life. When another person’s negligence or misconduct contributes to your injuries, the liable party should pay.
Get help holding them accountable for their negligence by working with a Hayward premises liability lawyer at Nadrich & Cohen. We offer free consultations, so you can find out how much your insurance and civil claims could be worth.
We have been involved in premises liability law for over 30 years. We have recovered over $400,000,000 on behalf of clients who were injured in premises liability accidents and other accidents. Our vast experience handling premises liability claims means that we can recover the most compensation for you.
If you have been injured due to a property owner’s negligence, our Hayward premises liability lawyers will handle your case on a contingency fee basis, meaning you won’t be charged a fee until and unless we win your case. No matter if we’re suing a property owner, a property management company or another party, the only fee you’ll ever owe us is a percentage of whatever compensation we recover for you in a premises liability claim or premises liability lawsuit.
If you’ve been injured and can’t afford treatment for your injuries, our Hayward premises liability attorneys can get you to doctors who will treat you on a lien, which means that you will not be charged for your treatment until your case is over. Doctors do this for our premises liability clients because they know we get great results for our clients.
Call us today for a free consultation, text us from this page or fill out the free case evaluation form on this page if you or a loved one was injured or killed in a premises liability accident. We can help you recover financial compensation for medical bills, lost wages, loss of earning capacity, pain, suffering, wrongful death and more after a premises liability accident.
Common Types of Premises Liability Accidents
Premises liability cases can take many forms. These accidents may occur on public or private property. However, for a premises liability case to be successful, your injuries must have occurred on a property that is not yours.
With that in mind, some potential premises liability accidents and incidents include:
- Slip and fall accidents
- Swimming pool accidents
- Trampoline accidents
- Accidents caused by wet floors
- Ice accidents
- Accidents caused by improper maintenance
- Injuries caused by negligent security
- Ladder accidents
- Stair accidents
- Elevator and escalator accidents
- Dog bites
- Ceiling collapses
- Amusement park accidents
- Hotel accidents
- Parking lot accidents
These are only a few possible ways premises liability injuries can occur. If you have been injured in another type of accident on someone else’s property, a Hayward premises liability attorney from our team can discuss your legal options going forward.
Grounds for a Premises Liability Claim in Hayward
When you have been injured in a Hayward premises liability accident, you may be unsure whether you have grounds for a case. Many injury victims are concerned they will be accused of filing a frivolous lawsuit. If you are in this situation, consider two major details:
Is someone else at fault for causing your injuries?
Have your injuries impacted your life significantly, or are they expected to do so in the future?
If the answer to one or both of these questions is yes, it may be worth your time to reach out to a personal injury law firm serving Hayward to discuss your options.
In some cases, you may file an insurance claim. The liable party may have an applicable homeowner’s insurance, general liability insurance, or other type of insurance policy. You might also have the opportunity to file a lawsuit against the liable party, depending on your case’s details.
Establishing Culpability in a Premises Liability Case
Establishing liability is one of the most important responsibilities your Hayward premises liability attorney will have. In most premises liability claims, the property owner will be at fault. This is because property owners must take reasonable measures to protect their patrons and invited guests. Any failure in this duty could be considered negligence.
However, since premises liability accidents can occur in many ways, other parties could also share liability. Some of these parties may include:
- Contractors and subcontractors
- Maintenance technicians
- Security staff
- Parts manufacturers and distributors
- Parts suppliers
- Property managers
- Other third parties
Only an in-depth investigation into your premises liability accident’s cause will reveal who is at fault for causing your injuries. Since your Hayward premises liability lawyer must prove liability based on a preponderance of the evidence, they will be tasked with gathering compelling evidence to support your case.
Some of the types of evidence your attorney could use to prove fault include:
- Video of the accident
- Photos of your injuries
- Photos of the accident scene
- Dash cam footage
- Expert witnesses
- Witness testimony
- Forensic evidence
- Cell phone records
- Social media postings
- Medical records
- Financial statements
How a Premises Liability Lawyer in Hayward Could Help You
When you are unsure whether you need a Hayward premises liability attorney on your side, consider how your attorney can help build your case. Here is what you can expect once you decide to retain a legal advocate from Nadrich & Cohen:
- Your attorney will investigate the cause of your injuries.
- Throughout the investigation, your lawyer will gather the evidence needed to establish liability.
- As the investigation commences, your lawyer will review your damages to calculate the value of your claim.
- Once your attorney has determined fault, they will file an insurance claim or civil lawsuit.
- Your Hayward premises liability lawyer will handle negotiations with the insurance company and present evidence to support your case at trial, if needed.
Proving Premises Liability
Prior to successfully holding property owners liable for injuries and securing financial recoveries in California, premises liability lawyers need to be able to prove premises liability. The plaintiffs, or injured parties, bear the burden of proof in every personal injury civil action in the state. It is the responsibility of the plaintiff to prove that the defendant was at fault for failing to prevent or causing an injury.
When it comes to civil claims, the burden of proof is a preponderance of evidence: convincing, clear evidence which establishes a defendant as 51 percent or more at fault for an accident. During your premises liability case, your lawyer will have to be able to establish that a defendant is more likely responsible than not responsible for being the cause of your losses and injuries.
There are four main elements to proving premises liability cases:
- A defendant was the entity or individual who controlled or owned the property when the accident occurred. This establishes the defendant is the correct defendant and that they had a legal obligation to make sure the property was kept in a reasonably safe condition.
- A defendant was negligent by failing to use the proper degree of care required by circumstances. The negligence of a defendant will depend upon if you were an invitee, a licensee or a trespasser on the property, in addition to what is considered reasonable given the circumstances.
- Negligence on behalf of a defendant substantially or directly caused harm to you. A defendant breaching their duty of care needs to be the cause of your accident. If your accident or injury was caused by something else, a property owner will not be held liable.
- Your accident led to you suffering compensable damages. You need to be able to prove that you were harmed or injured in the accident. This might require evidence like injury photos, pay stubs and medical bills.
An attorney can assist you in proving your case by gathering evidence which might persuade a jury or judge to produce a ruling in your favor. This evidence might include CCTV surveillance footage, photos, accident reports, eyewitness statements, letters from your employer or doctor, medical records, pay stubs, medical bills, or hired expert testimony. A Hayward premises liability lawyer can handle all preservation of evidence and presentation of evidence for you.
Get the Most Out of Your Premises Liability Claim
If you hope to receive fair compensation in your Hayward premises liability claim, your lawyer can advise you whether you should file an insurance claim or a lawsuit.
You may be able to recover both economic and non-economic damages. Some of the damages you may receive include:
You might already be facing huge medical bills if you have been injured in a premises liability accident in Hayward. The injuries you suffered in your premises liability accident might also necessitate future treatment, which means you’ll be facing even more bills in the future. Our premises liability law firm can help you recover compensation for all past and future medical expenses related to your injuries.
Nadrich & Cohen Accident Injury Lawyers
If you’ve suffered injuries in a premises liability accident, you may have have had to miss some time from work due to your injuries, whether it be because you were hurt too bad to work for a period of time or because you had to take time off to get your injuries treated. If you’ve missed any time from work at all due to your injuries, we can help you recover compensation for the wages you were unable to earn.
Loss of Earning Capacity
We sometimes see those who were injured in premises liability accidents end up permanently disabled, which represents a loss or reduction of their earning capacity. If your earning capacity has been negatively impacted by your injuries, we can help you recover financial compensation for this.
Pain and Suffering
Injuries can lead to physical pain and mental suffering, and injuries resulting in premises liability claims are no different. We’ve been helping premises liability accident victims place an accurate value on their pain and suffering, and helping them recover full and fair compensation for their pain and suffering since 1990.
If you lost a loved one to a premises liability accident, we can file a wrongful death claim on your behalf, seeking financial compensation for things like funeral and burial bills, the loss of your loved one’s income, your grieving and suffering, and more.
Punitive damages aren’t awarded in every premises liability lawsuit, but if your accident involved the intentional or reckless conduct of someone else, we will seek punitive damages on your behalf in order to maximize your financial recovery, punish the wrongdoer and discourage others from behaving similarly to the wrongdoer.
What Should I Do Following a Premises Liability Accident in Hayward?
If you have been the victim of an accident which occurred on somebody else’s property, an experienced premises liability attorney at Nadrich & Cohen can help you.
Immediately following your accident, it is suggested that you do the following:
- Seek medical care as soon as possible. It is vital that you have any injuries diagnosed and documented by a medical professional as soon as you can after you are injured. The reason why is that if you wait too long to have your injuries documented, insurance companies can claim that something else caused your injuries, and, as a result, refuse to pay you for your injuries.
- Call the authorities. Call the police, as well as the owner of the property and any applicable supervisors, as soon as you can. Making sure the police get involved can be helpful because this will lead to an official accident report being created. Ask for a copy of this report – the report may come in very handy in terms of proving negligence in the future.
- Document evidence while you are at the scene of the accident. Take photos and videos of the scene of the accident, and make sure to gather witnesses’ contact information.
- Ignore insurance companies. Insurance adjusters will attempt to call you over and over and try to get you to give a statement and accept an offer of a settlement. When this occurs, ignore the calls and immediately call an experienced premises liability lawyer. Your lawyer will handle all communications and negotiations with insurance companies for you. If you don’t have a lawyer, insurance companies won’t respect you enough to offer you the money you deserve, and they’ll try to trick you into saying the wrong things while you’re being recorded so they can use those statements against you in order to pay you less money or nothing at all.
- Hire a premises liability lawyer from Nadrich & Cohen. We will give you a free legal consultation with no obligations when you give us a call today. What this means is that you won’t have any obligation to hire us as your lawyers even after we have our phone call.
Start Working With a Hayward Premises Liability Lawyer Today
Recovering compensation following a premises liability accident can be daunting, and the two-year deadline for personal injury lawsuits in California (CCP § 335.1) may make the process even more intimidating.
You deserve to have a legal advocate on your side. Contact our team at Nadrich & Cohen for a no-cost, risk-free consultation today. A Hayward premises liability lawyer from our team can help you fight to hold the liable party accountable for their negligent actions.