If you’ve been injured on someone else’s property in Kennesaw, GA, you could be entitled to compensation. Georgia law requires property owners to keep their property in a safe condition. When they fail to keep guests safe, property owners are responsible for injuries caused by their negligence.
Starks Byron, P.C. has over 30 years of combined experience representing Georgia accident victims. Our team handles all types of personal injury cases, including slip-and-fall accidents and premises liability claims.
Contact our Kennesaw premises liability lawyers today to schedule a free consultation at (404) 795-5115.
How Starks Byron Can Help With Your Kennesaw Premises Liability Case
Premises liability accidents can be life-changing. Injured parties deal with medical bills, insurance claims, and decreased income. If a business or property owner is responsible for your accident, you could be entitled to compensation for all of your injuries.
That said, getting this compensation can be difficult. Insurance companies are notoriously difficult to deal with, and the responsible party often blames injured parties after an accident. The Starks Byron team knows Georgia premises liability law and insurance companies’ tactics. We know how to defend victims against these attacks and get clients the compensation they deserve in Kennesaw, Georgia.
When you work with our team, we’ll:
- Investigate your accident
- Identify all responsible parties
- Gather evidence to prove who was responsible
- Calculate your damages
- File a claim with the at-fault party’s insurance company
- Negotiate to ensure a fair settlement
- Keep you updated on your case
- Take your case to trial, if necessary
We fight hard for every client and value making the process as easy as possible for our clients. Since our firm was opened in 2019, we’ve gotten 150 five-star reviews from clients and won the Avvo Client Choice award.
Call us today to schedule a free consultation with our Kennesaw personal injury attorneys.
What Is Premises Liability?
Under Georgia law, property owners must keep their property in a reasonably safe condition. They must take reasonable steps to fix or warn about hazards on the property. If a property owner fails to meet this duty of care, they can be held responsible for injuries caused by their negligence.
However, the duty of care that property owners owe guests varies based on the relationship between the parties. For example, business owners owe a higher duty of care to customers than homeowners owe to social visitors.
As a result, premises liability cases are more complex than other types of negligence cases. An experienced Georgia premises liability lawyer can analyze your case, explain your rights, and create a plan to get the compensation you deserve.
How Much Is My Premises Liability Case Worth?
One of the questions we get the most from clients is, how much is my premises liability case worth? The reality is there’s no way to estimate the value of premises liability cases without knowing the facts of the case.
The value of premises liability cases varies widely based on several factors, including:
- The severity of your injuries
- Your long-term prognosis
- Whether or not you were partially at fault
- The amount of insurance coverage available
- The impact your injuries have on your ability to work
- The impact your injuries have on your quality of life
Contact our Kennesaw premises liability lawyers at Starks Byron to discuss your accident and the value of your case.
What Damages Are Available in Kennesaw Premises Liability Cases?
After a Kennesaw accident, the injured party can seek compensatory damages from the negligent property owner. Compensatory damages are intended to make victims “whole” after the accident. This means compensating the injured party for all of their economic and non-economic damages.
Economic damages reimburse you for all tangible losses after an accident. Examples of economic damages available in Georgia include:
- Medical bills and medical expenses
- Future medical expenses
- Occupational therapy and physical therapy costs
- Homecare and rehabilitative care expenses
- Property damage
- Lost wages
- Lost earning capacity
Non-economic damages compensate victims for intangible losses after an accident. Examples of non-economic damages include:
- Pain and suffering
- Emotional distress and emotional anguish
- Decreased quality of life
- Loss of consortium
- Scarring and disfigurement
Calculating damages is often a complex process. Insurance companies are infamous for minimizing claims and the value of damages. An experienced premises liability lawyer will gather documentation and evidence to calculate all current and future damages. This is vital for getting the compensation you deserve after an accident.
What Type of Premises Liability Cases Are Common in Georgia
At Starks Byron, our team handles all types of premises liability cases. Some of the most common types of cases in Kennesaw are:
- Slip and fall accidents
- Dog bites
- Swimming pool accidents
- Inadequate lighting
- Negligent security
Whatever type of premises liability case you have, our team can help.
How Do I Successfully Bring a Premises Liability Case in Georgia?
Premises liability is a type of negligence. To successfully recover in a premises liability case, you have to show that the owner’s negligence caused your injury.
To do this, you must prove four elements:
- The property owner owed you a duty of care
- The owner breached the duty of care.
- The breach was the direct and proximate cause of your injuries.
- You suffered damages.
The most challenging elements in premises liability cases are duty and breach. The duty that property owners owe to visitors changes based on the relationship between the parties.
Property owners owe the highest duty of care to invitees. Invitees are people who visit the property for the owner’s benefit – for example, customers or employees. To meet their duty of care to invitees, property owners must:
- Inspect their property for dangerous conditions
- Repair dangerous conditions or defects
- Warn guests of dangerous conditions that cannot be immediately repaired
In contrast, a licensee is a person allowed on the property who does not benefit the owner. A guest at someone’s home is an example of a licensee. Property owners have a more limited duty to licensees and only need to warn licensees of known dangers on the property.
Can I Recover If I’m Partly at Fault for My Kennesaw Accident?
Georgia follows an approach of modified comparative negligence. Under this legal theory, accident victims can recover damages from another at-fault party as long as they’re not more than 50% responsible for the accident.
In these circumstances, damages are reduced by the percentage of the injured party’s responsibility. For example, if your damages are $100,000 and you’re 20% at fault, you can only recover $80,000. In that same example, if you’re 55% at fault, you’re not entitled to recover anything.
Insurance companies and opposing counsel will work hard to blame you for your accident to minimize or bar recovery. You need an experienced personal injury lawyer fighting for you. A good Kennesaw premises liability attorney will be prepared for this attack and develop a strong case to ensure you get the compensation you deserve.
How Long Do I Have to File a Premises Liability Case in Georgia?
Premises liability cases are a type of personal injury claim. In Georgia, the statute of limitations for personal injury claims is two years.
In most cases, this means that accident victims have two years from the date of the accident to file a lawsuit against the responsible party. If a lawsuit is filed more than two years after the accident, the court will dismiss it, and you’ll have no way to recover.
As a result, you need to be aware of the statute of limitations and ensure you timely file a lawsuit. Even if you think your case will settle, it’s vital to pay attention to the statute of limitations because you lose leverage if you cannot file a lawsuit against the responsible party.
How Much Does a Premises Liability Lawyer Cost in Kennesaw?
Premises liability lawyers work on a contingency fee basis. This means that they only get paid if the client gets paid.
At the start of representation, the client and attorney will agree on a contingency fee rate. This is usually between 25% and 40%. If the client gets paid through a settlement or jury verdict, that percentage of the award will go to the attorney to cover fees.
This means that clients don’t pay attorney fees upfront or out-of-pocket. It also means that premises liability lawyers are personally invested in each case and benefit by maximizing the award each client gets.
Contact a Kennesaw Premises Liability Lawyer
If you or a family member have been injured on someone else’s property in Kennesaw, contact our Kennesaw premises liability lawyers at Starks Byron to schedule a free consultation. We’ll analyze your case, discuss your rights, and create a plan to get the compensation you deserve.
