Were you or a family member injured while on someone else’s property in Charleston, WV? All property and business owners have a legal duty to maintain their premises safely. If you were injured due to something dangerous on their premises, an experienced Charleston premises liability lawyer at Farmer Cline & Campbell, PLLC, can help you. Call us at (304) 346-5990.
Our team has over 315 years of combined legal experience. We’ve used our knowledge and skill to recover hundreds of millions of dollars on behalf of injury victims in Charleston.
You may deserve compensation for medical bills, lost wages, and more. Contact our law firm in Charleston, West Virginia, to schedule a free consultation and learn about your legal options today.
How Can Farmer, Cline & Campbell, PLLC Help With a Premises Liability Claim in Charleston, WV
Premises liability cases can be difficult to prove. You know you were hurt because of something on the owner’s premises. What happens if they fix the danger right away? What if they deny that it ever existed.
Property owners don’t always accept responsibility for their acts. An experienced Charleston personal injury lawyer at Farmer, Cline & Campbell, PLLC can help you hold them responsible. Personal injury victims in Charleston have been trusting us to handle the fight for compensation since 1996.
When you hire us, you benefit from a legal team who will:
- Conduct a thorough investigation and locate evidence to prove your case
- Pinpoint the exact danger that caused your injury
- Interview witnesses, employees, and others who can testify on your behalf
- Defend against victim-blaming insurance scare tactics
- Negotiate with the insurance company for a full settlement
- Aggressively advocate on your behalf at trial if necessary
Negligent property owners should be held accountable when their carelessness causes harm to others. Our Charleston,WV personal injury attorneys are more than ready to help. Contact us today to learn more about this area of law and how we can protect your legal rights.
How Do I Know Whether I Have a Valid Premises Liability Case in West Virginia?
Premises liability cases are a type of personal injury case. Most injury cases are based on general negligence. Negligence laws apply to everyone. Premises liability laws only apply to property owners.
Property owners in West Virginia have a duty to keep their property reasonably safe when they invite others onto the premises. If you were injured and on the property with the owner’s consent, you may have a valid premises liability case.
Whether a property owner failed to keep the premises “reasonably” safe depends on:
- The likelihood that a hazard would cause an injury
- The owner’s burden, in terms of eliminating the risk
- The severity of any likely injuries
Most premises liability cases involve business owners. You may have a valid premises liability case if you were injured while visiting a grocery store, restaurant, office building, or even sports event. However, you might also have a claim if you were hurt on public property, such as a park.
We Handle All Types of Premises Liability Cases in Charleston
Slip and fall accidents are the most common type of premises liability claim. However, there are many different ways you could be injured on someone else’s property.
Some examples of the types of premises liability cases we handle include:
- Negligent security, where violent crimes were allowed to happen due to the owner’s failure to provide adequate security
- Dog bites and animal attacks
- Poisonings
- Exposure to toxic substances
- Dangerous workplace conditions
- Inadequate property maintenance
- Bed bugs in hotels or rental apartments
- Swimming pool accidents
- Defective elevators or escalators
Anytime you’re injured on someone else’s property, you may have a right to compensation. Our experienced Charleston premises liability attorneys can evaluate your case for free. If you have questions about your legal rights, contact us today to schedule your no-cost case review.
What Is My Charleston Premises Liability Case Worth?
The amount of compensation you recover is directly tied to the severity of your injuries. While all cases are different, cases involving serious or permanent injuries generally result in the highest settlements and verdicts.
That said, many factors are relevant in the valuation process, including:
- Your medical treatment costs
- The nature of the at-fault party’s actions
- The value of your lost wages and other economic damages
- Whether your future earnings will be impacted
- Damage to your quality of life
- Whether you share any fault for your injuries
Our lawyers can offer more details about the value of your case in a free case evaluation.
What Types of Damages Are Available In a Successful Premises Liability Case?
Under West Virginia personal injury laws, economic damages and non-economic damages are available. If your case succeeds, you should recover compensation to account for the full value of your losses.
Examples of the types of compensation you might recover include:
- Current medical bills
- Lost wages
- Future medical expenses
- Reduced earning potential
- Rehabilitation and therapy
- Property damage
- Pain and suffering
- Emotional distress
- Depression
- PTSD
- Diminished quality of life
- Disfigurement
- Scarring
- Loss of consortium
You can expect us to do everything in our power to secure the full financial compensation you deserve.
How Much Does It Cost To Hire a Premises Liability Lawyer?
Like most law firms, Farmer, Cline & Campbell, PLLC charges contingency fees. When you hire us, you agree to pay a percent of your compensation award once your case is resolved.
Hiring us will cost you nothing upfront with a contingency fee. From there, we only get paid for our work if we win money damages for you. We will also be incentivized to recover as much compensation for you as possible.
Can I Recover Damages if I’m Being Blamed for Causing My Own Injuries in West Virginia?
West Virginia has modified comparative negligence laws. You can recover partial compensation if your share of fault is less than the combined fault of all other parties. If you share too much blame, you lose your right to damages completely.
Cases involving shared fault tend to be complicated. However, you don’t have to accept the insurance company’s allegations at face value. They might not have the evidence to back up their claims.
Our lawyers know how to help minimize the impact of the shared fault laws. Contact us today and get help defending yourself.
Victims in Premises Liability Cases Can Suffer Many Different Types of Injuries
Our lawyers in Charleston handle all types of injury cases, including those where the victim has suffered:
- Broken bones
- Nerve injuries
- Internal injuries
- Facial injuries
- Broken hips
- Soft tissue damage
- Traumatic brain injuries
- Spinal cord injuries
- Head and neck injuries
- Concussions
- Back injuries
- Severe cuts or lacerations
- Burns
- Amputations
- Paralysis
- Catastrophic injuries
- Wrongful death of a loved one
Even a “mild” injury can have a profound impact on your life. If you’re suffering in the wake of an injury, contact us for legal advice today. We’ve seen cases like yours before, and we know how to help you recover fair compensation.
What Do I Have To Prove To Win a Premises Liability Case in Charleston?
To win cases involving general negligence, you must prove:
- The defendant had a legal duty of care
- A breach of duty occurred
- The breach caused some type of injury
- The damages you suffered
The elements involved in premises liability cases are more specific. The scope of the defendant’s duty will depend on why you were visiting the premises.
Victims in premises liability cases are classified as:
- Business invitees if they were visiting a business or property that’s generally open to the public
- Licensees when they visit someone’s property for social reasons
- Trespassers when they do not have permission to be on the premises
Business owners have the highest duty of care. They must fix hazards in a reasonable amount of time, provide adequate warning about non-obvious dangers and also conduct inspections to identify new or hidden risks.
To win a premises liability case when you’re classified as an invitee, you must prove:
- A dangerous property condition existed
- The owner knew, or reasonably should have known, about the danger
- The owner did not fix the hazard or provide adequate warning
- You were injured and suffered damages because of the dangerous property condition
When you’re a licensee, you must prove that:
- The danger was not obvious
- The owner knew about the danger
- The owner failed to warn you about the hazard
- You were injured and suffered damages
Property owners don’t have an obligation to protect trespassers. However, a limited exception exists for young children who are trespassing. If the child was attracted onto the property because of an “attractive nuisance”, the owner may be liable for failing to keep the child away from that danger.
How Long Do I Have To File a Premises Liability Lawsuit if I Was Injured on Someone Else’s Property in West Virginia?
The statute of limitations in West Virginia personal injury cases is two years. You have two years from the date of your injury to file a lawsuit. After two years pass, you can no longer seek compensation for your injuries.
However, exceptions exist that can adjust the time limit. Contact our law firm today for legal help filing a claim.
Contact a Skilled Charleston Premises Liability Lawyer for a Free Consultation
Dealing with the insurance claims process can be difficult enough. If you were seriously injured because a property owner couldn’t be bothered to maintain their property, contact Farmer, Cline & Campbell, PLLC today. An experienced Charleston premises liability lawyer can help you stand up to the insurance companies and fight for every dollar you deserve.
Visit Our Personal Injury Law Office in Charleston, WV
Farmer, Cline & Campbell, PLLC
746 Myrtle Rd, Charleston
WV 25314
Open 24 hours
(304) 346-5990