A negligent security claim arises when someone sustains an injury due to inadequate security in someone else’s premises. Like every other property liability claim, negligent security has its foundation in liability and damages. That means that your negligent security lawyer must prove the defendant’s liability to get compensation on your behalf.
Georgia ranks thirtieth in the USA for public safety. As such, it’s pretty common to hear of violent crimes in bars, hotels, airports, and other public places. Therefore, all premises owners owe their guests a duty to keep them safe by providing adequate security. If they fail to do so and someone gets hurt, they must pay compensation for their recklessness.
As a victim, you will want to know precisely how much your claim is worth. That’s because a small settlement sum may not be worth your efforts. While compensation benefits vary from case to case, we can predict your claim’s worth via several factors. We’ll discuss those in this article.
Am I Eligible to File a Negligent Security Claim?
The first step to getting compensation for your negligent security claim is confirming your eligibility. Not everyone who suffered a violent crime can succeed in a negligent security claim or lawsuit. To successfully file a negligent security case against a property owner, you must establish the following:
-
A Duty of Care
In every negligent security case, the defendant must be the person responsible for keeping you safe. In legal terms, such responsibility is called the duty of care. Generally, it’s the property owner who owes you such duty under premises liability law.
-
Lawful Occupation
A premises owner doesn’t owe any obligation to intruders or trespassers. So, to be eligible for compensation, you must prove that you were on the premises legally.
-
Negligence
Like every other personal injury case, negligence is an essential element of a negligent security claim. When a property owner is negligent, it means that they failed in their duty to protect you from harm in their premises. For example, this could be due to the owner’s failure to provide trained security, install security systems, fence the property, etc.
-
Damages
The premises owner’s breach of duty must have been responsible for your injuries. You would not be eligible to file a claim if something else caused your injuries, regardless of their negligence.
What Factors Determine the Worth of My Georgia Negligent Security Case?
There are different types of compensation you will receive after a successful negligent injury claim. The major ones are the economic and non-economic damages. In addition, in some lawsuits, although rare, the courts may award punitive damages to punish the defendant.
The value of these damages varies from case to case. Usually, it depends on the following:
-
How Severe the Accident and Injuries Are
The first step to determining your cases’ value is by evaluating the nature of the accident. Generally, the more gruesome the accident was, the more the compensation. The severity of your injuries is also an essential factor. If your injury is life-altering or stops you from going to work, your claim’s value may increase.
-
Comparative Negligence
Sometimes, you may have some fault in the accident. For example, you may have contributed to the severity of an assault injury by fighting back. In such situations, Georgia’s comparative negligence laws will apply. That means that your settlement sums will reduce according to the degree of your fault.
-
Your Negligent Security Lawyer
It’s always important to be mindful of the type of lawyer you hire to represent you. Sometimes, an inexperienced lawyer can complicate even the most straightforward negligent security cases. So, it would help if you watched out for several factors when choosing your attorney. Some essential considerations include their specialty, track records, and length of experience.
Get in Touch With a Georgia Negligent Security Attorney Now!
From rape and assault to robbery, battery, and homicides, many foreseeable criminal acts can happen in unsecured premises. If you get hurt due to a property owner’s failure to secure the premises, you can get compensation. Again, you can increase your chances of maximum compensation by consulting with a reputable law firm.
Calvin Smith Law is your best bet for top-notch legal services if you’re in Atlanta, Macon, or Albany, GA. Our negligent security lawyers are always available to offer you the best legal solutions for the best settlement amounts. In addition, you can always be sure of our willingness to make them pay for your hurt. Contact us for a free review immediately to get started on your claim.