How to Prove Loss of Earnings in Personal Injury Cases
The Commonwealth of Pennsylvania allows people who have been injured on another person’s property to claim compensation for their injuries in some situations.
Premises liability is a type of legal claim that is brought against a property owner, manager, or operator for injuries incurred on their property. When a property owner fails to keep their property safe from dangerous conditions and someone is injured as a result, the injured victim may be able to bring a premises liability lawsuit to receive compensation for their injuries and losses.
Under Pennsylvania law, the injured party (plaintiff) bears the burden of proving that the property owner (defendant) was negligent and is responsible for their damages. The standard to which a property owner is held depends on the reason the victim was on the property and can vary from state to state. For example, property owners are generally held to a higher standard of care for invited guests than for trespassers on their property. A knowledgeable Pennslyvania premises liability attorney can utilize their knowledge of these laws to make the strongest possible case for compensation — and help you get your life back on track.
Your premises liability attorney will discuss your role when you were injured on someone else’s property so that they can properly advise you on your right to compensation for your injuries.
Pennsylvania property owners owe the highest duty of care to invitees, who are people invited onto the property for the benefit of both the property owner and the invitee, usually for a business purpose. This would include a tenant in an apartment building, a customer in a store, or a patient at a medical clinic. Property owners have a duty to repair or warn invitees about any known hazards on their property, and to inspect their premises for dangerous conditions.
A licensee is someone who is on a property with the owner’s permission for the licensee’s benefit. This could include social guests at your home or a door-to-door salesperson. The duty owed to licensees is less than that owed to invitees but is still high. Property owners must keep their premises free from dangerous conditions that they know about, or warn visitors about them, but are not necessarily required to inspect for unknown hazards.
The lowest duty is owed to trespassers. Property owners must not intentionally harm trespassers but otherwise have no duty to keep the property safe for them. An exception to this is children who may wander onto the premises because they are attracted to something that may be hazardous to them. Property owners are required to take reasonable steps to remove or make safe hazards that might attract children onto the property and cause them harm, such as a swimming pool or dangerous heavy equipment.
The plaintiff will have to prove the following elements to succeed in a premises liability claim:
If they are successful in proving these elements, the plaintiff will also have to produce evidence of the extent of their damages and harm, which may include medical records and bills, proof of wage loss, and evidence of the impact of the injuries on their everyday life and physical and mental well-being.
There are many types of premises liability cases from swimming pool accidents and dog bites to slip and falls. We routinely handle many types of premises liability cases including the following:
A slip-and-fall accident or trip-and-fall can happen due to broken stairs, an accumulation of snow or ice, when there is an uneven surface or obstacle or in other situations involving hazards or disrepair. These are some of the most common types of premises liability claims.
If someone is the victim of an attack that could and should have been avoided with a reasonable level of security on the premises, the victim may be able to pursue a premises liability claim against the property owner or the party responsible for the premises. Depending on the circumstances, reasonable security measures could include proper lighting, functional locks, security cameras, or security guards.
Safety precautions may be required when it is foreseeable that a person could be injured if they are not in place, and the property owner may be liable if they are not. A fence around a swimming pool or a railing on a staircase are two obvious examples of reasonable safety precautions.
Elevator accidents can lead to catastrophic injuries and death. If an elevator malfunctions or is not properly maintained, the doors can close on a passenger or open when the elevator is not there, the elevator can be mis-leveled, or it can travel at excessive speeds, all putting passengers at risk of injury.
Hotels have many different spaces which can give rise to the risk of injury – swimming pools, gyms, spas, restaurants, and bars. Hotels owe a high standard of care to their guests and must keep their premises free from dangerous conditions.
Some common hazards on a property that can lead to a premises liability claim include:
Unfortunately, there are many ways that a person can be hurt while on someone else’s property. Sometimes these injuries are minor, but we deal with many catastrophic and life-changing injuries, including:
If you are injured on someone else’s property, the first priority is to get to a safe place and get medical attention for your injuries. Secondly, you should report the dangerous condition to the property owner or manager. You may be asked to fill out an accident report form if the accident happens on commercial premises. It is recommended that you speak to a lawyer before providing any details of the accident on such a report form, as it may affect your legal rights. Keep a copy of any accident report or medical report for any future claim.
Speak to a personal injury lawyer as soon as possible after the accident. You will likely be contacted by the property owner, business owner, or their insurance companies about the accident and anything that you say could affect your right to compensation for your injuries and losses. Premises liability lawyers can help to guide you and communicate with other parties on your behalf without affecting your legal rights.
The compensation that can be recovered in premises liability cases should compensate a victim for their economic and noneconomic losses. Economic losses would include past and future medical expenses, lost wages and benefits, future lost income, home and vehicle modifications, property damage, and similar losses. Non-economic losses are damages that cannot be proven by an invoice or receipt. Compensation for non-economic losses are intended to compensate you for your physical pain and mental trauma as a result of the accident, also known as “pain and suffering.”
Our team at Solnick Lawyers understands that, as a result of a premises liability incident, you may be dealing with physical recovery, medical treatment, mounting medical bills, wage loss and insurance companies which are not on your side. We take on the burden of negotiating with property owners and their insurers, and we properly investigate and value your claim to ensure that you are fully compensated. We will work with you and keep you updated every step of the way while you focus on your healing and recovery. We will develop strategies and suggestions to best help you deal with your unique situation and present your claim to the responsible parties and their insurance carriers.
Solnick Lawyers has been representing victims of falls and other premises liability claims in the Greater Philadelphia area, and throughout Pennsylvania and New Jersey, for more than 20 years. We are not intimidated by the tactics of aggressive corporations, insurance companies, or government agencies. We face them day after day in negotiations and in courtrooms to secure justice for our clients, and we will do the same for you.
If you or a loved one have been injured in a fall or other incident on someone else’s property and you would like to know more about your legal rights, please contact us today by calling 215-481-9979 or via our website to schedule a free consultation and case review. You have nothing to lose and everything to gain as we never charge a fee until and unless we obtain a settlement or award for you. Solnick Lawyers is on your side. Let us fight for you.
If you were hurt on someone else’s property, you may have a claim for compensation. To determine if you have a valid case, a court will look at whether you acted in a reasonable and expected manner when you were hurt. An experienced premises liability attorney can review your situation to help determine if you have a valid claim.
As an initial matter, your lawyer will look at whether you had a valid reason for being on the property where you were hurt, or if the owner should have anticipated you being on the premises. Other questions an attorney may ask during a consultation include:
The answers to these questions, along with an investigation of the facts and circumstances surrounding your slip and fall accident, can help your attorney determine if the property owner or operator can be held responsible for your injuries.
A skilled premises liability attorney with extensive knowledge in this field of Pennsylvania law can analyze the validity of your case and pursue a claim on your behalf to help you achieve the maximum compensation to which you are entitled.
If you suffered a slip and fall or other injury at a friend’s house, it can be difficult to decide what to do. You don’t want to ruin your friendship by seeking compensation, but you have been hurt and suffered damages because of the incident.
Fortunately, there is an option that allows you to maintain your friendship while pursuing a case: filing a claim against your friend’s homeowner’s insurance policy. If you were injured due to negligence or a hazard on a friend’s property, you may be able to file a premises liability claim, which should be covered by your friend’s insurance policy as part of their liability coverage.
Filing a claim against the insurance policy is different from suing your friend directly. Generally, it will not directly impact their finances, as the policy should cover your damages. Because these situations can be personally complicated, consulting with a seasoned slip and fall attorney can help you determine how to proceed if you have been hurt at a friend’s house.
Slip and fall accident cases may seem relatively simple: a person falls or is injured on someone’s property, and the property owner pays them for their losses. In reality these cases can be highly complex and working with an attorney can help you obtain the best possible outcome.
Under Pennsylvania law, the injured party (plaintiff) bears the burden of proving that the property owner (defendant) is responsible for their damages. The plaintiff will have to prove
three elements:
In addition, the plaintiff will have to produce evidence of their damages and harm, which may include medical records and bills, lost wages, pain and suffering, and loss of enjoyment of life.
There are several legal concepts that apply to each of these elements. For example, in Pennsylvania, property owners owe the highest duty of care to invitees, a person who visits land that is open to the public or for a purpose directly connected with a business. A knowledgeable premises liability attorney can utilize their knowledge of these laws to make the strongest possible case for compensation — and help you get your life back on track.
A premises liability attorney can also ensure that a thorough investigation is performed as soon as possible after your accident. This will help to establish liability for a potential lawsuit and will strengthen your position for both settlement negotiations and to prevail at trial. Given the complicated nature of premises liability cases, having an experienced Pennsylvania slip and fall attorney to shepherd you through the process can make a significant difference in the result of your case. Contact us today via our website or by calling 215-481-9979 to schedule an initial consultation.
Took my case when no other lawyer would. Jay Solnick is very personable and genuinely cares about you and your situation. Got me a good deal given the circumstances with my case.
— Teyonna MasonGreat lawyer you can count on. I had a limited tort but I got reimbursed from the opposite driver’s insurance company. I really appreciate Solnick & Associates, LLC.
— Won BeckJay is very sweet person and a great lawyer he will go above and beyond to get you the settlement you deserve and even after you settle if there are any issues he will still make sure everything is taken care of. Great office by far.
— Ashley Boddy