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What Elements Does a Personal Injury Lawyer Need to Prove? February 10, 2017

Columbia, Howard
What Elements Does a Personal Injury Lawyer Need to Prove?, Columbia, Maryland

In a premises liability case, a plaintiff seeks compensation for the harm they've suffered due to a property owner's negligence, usually with the help of a personal injury lawyer. If you've been injured in a slip and fall or other accident on someone else's property, there are laws in place to help you get the compensation you deserve. But to win your case, you'll have to prove several points. Maryland attorneys Plaxen & Adler can help you determine whether your case is likely to succeed.

Ownership of the Property

It's important to make sure that the person you're holding responsible for your injury is the person that the law would hold responsible. Property owners are usually the ones with the legal duty to protect visitors, but that responsibility can also fall on renters and tenants in the right circumstances. If you're unsure who is legally responsible in your case, your personal injury lawyer will help you find out.

Personal injury lawyerOwner's Negligence

Sometimes, accidents just happen despite all reasonable precautions. Not just any injury qualifies for a premises liability case. You'll need to demonstrate that the responsible party was negligent in protecting you while you were on their property. You'll have to prove that there were dangerous conditions that they knew about or should have known about, and also that they should have warned you but failed to do so. If there were reasonable precautions put in place, you are unlikely to win a personal injury suit.

Harm Caused

It should go without saying that in a personal injury case, there must be an actual injury to address. This injury must be the direct result of the property owner's negligence, which you could not have reasonably avoided yourself. If the court determines that you knew or should have known about the dangerous conditions and that you failed to take precautions, the property owner will not be held responsible. Likewise, if your accident didn't cause serious harm, there is no case.

Ultimately, a personal injury lawyer is the best person to tell you whether your case has merit. To schedule a consultation, contact Plaxen & Adler today at 410-730-7737 or online.

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