Premises Liability Lawsuit Settlement Loans

Are you dealing with the financial strain of a premises liability lawsuit? Facing unexpected bills and a loss of income can be overwhelming, especially when your injuries keep you from working.

Pre-settlement funding offers a financial solution for plaintiffs involved in a premises liability lawsuit. This type of funding provides you with an advance on your potential settlement, enabling you to cover immediate expenses such as medical bills, and living costs, without having to wait for your case to conclude.

By reducing financial pressures, pre-settlement legal funding also allows you to continue your case without the need to rush into a quick settlement. It helps you maintain your financial stability throughout the process.

Understanding Premises Liability

A premises liability case arises when someone is injured due to unsafe conditions on someone else’s property. These cases fall under personal injury law and are typically based on negligence, which can be attributed not only to the property owners but also to other parties. Property managers, tenants, maintenance companies, and any other entities involved in the property’s upkeep and safety can also be held liable if their negligence contributes to the unsafe conditions.

Visitor Status and Duty of Care in Premises Liability

In premises liability law, the duty of care that a property owes depends significantly on the visitor’s legal status at the time of the incident, which directly influences your case.

Property owners, along with property managers and other responsible entities, must make sure the highest duty of care to invitees, such as customers or tenants. This involves actively maintaining the property’s safety by addressing both known and potential hazards. They’re also required to warn licensees—individuals like social guests or salespeople—about known, non-obvious dangers they might encounter.

For trespassers, the duty of care is generally minimal, limited to avoiding intentional harm. However, a significant exception exists for child trespassers under the ‘attractive nuisance doctrine.’ This rule requires the property to secure potential hazards, such as swimming pools or machinery, that are likely to attract children and pose a danger to them.

What Makes a Strong Premises Liability Lawsuit?

The strength of a premises liability lawsuit is primarily about the ability to establish liability clearly and convincingly. Here’s what typically strengthens such a lawsuit:

1. Clear Evidence of Negligence. This involves proving that the negligent party was aware of a dangerous condition (like broken flooring or inadequate lighting) and didn’t take reasonable steps to fix the danger or warn visitors.
2. Documentation of the Hazard. Clear, timestamped photos or videos showing the unsafe condition, alongside maintenance or incident reports, provide strong evidence of the property’s condition at the time of the accident.
3. Witness Testimony. Accounts from people who witnessed the accident or who can attest to the long-standing nature of the hazard add credibility to claims of negligence.
4. Previous Complaints. Documentation of previous complaints to the property owner or maintenance team, and other parties, about the hazardous condition proves ongoing negligence and disregard for visitor safety.
5. Direct Causation. Linking the negligence directly to the accident and your injuries is equally important. This might include expert testimony linking the type of injury sustained to the specific hazard encountered.

What Determines the Value of a Premises Liability Claim?

The value of a premises liability claim considers the potential financial compensation that can be recovered. Here’s what influences this value:

1. Severity of Injuries. More severe injuries typically result in higher medical bills, longer recovery times, and greater compensation for pain and suffering.
2. Impact on Quality of Life: This includes compensation for any permanent disabilities, loss of earning capacity, and overall impact on daily living.
3. Medical Costs. Calculations include all medical expenses from emergency care to ongoing treatments, which are direct out-of-pocket costs for the victim.
4. Insurance Coverage Limits. The maximum compensation is often limited by the insurance policy limits, affecting the final settlement amount.
5. Contributory Negligence. In many jurisdictions, if the victim is found partly at fault, it can significantly reduce the compensation amount.
6. Local Safety Codes and Violations. Proving that the property failed to meet local building codes or safety regulations strengthens the case by directly linking the owner’s negligence (or other parties involved) to statutory non-compliance. 

Common Types of Premises Liability Claims

• Slip and Fall Accidents. Caused by conditions like icy walkways, wet floors, or uneven surfaces.
• Inadequate Maintenance. Such as faulty elevator and escalators, damaged stairs, carbon monoxide. 
• Swimming Pool Accidents or Dog Bites. Where the property owner failed to secure hazards that pose risks to visitors.
• Exposure to Toxic Chemicals or Fumes. Resulting from improper handling, storage, or labeling in industrial or residential settings. Such negligence can lead to serious health issues or even fatal accidents.
• Negligent Security. Where inadequate security measures at a property lead to injury or harm from third parties. This typically involves assaults or thefts.

Statute of Limitations

In premises liability cases, it’s vital to understand the “statute of limitations,” which is the time limit you have by law for filing your lawsuit. This time frame varies by state but generally ranges from one to four years from the date of the incident. Missing this deadline can permanently bar you from filing a claim.

However, some states have special provisions or exceptions that can extend or shorten this period under specific circumstances. For instance, if the injured party is a minor, many states allow for the statute of limitations to begin only once the minor reaches adulthood.

Why You Need a Personal Injury Attorney

Dealing with a premises liability lawsuit can be tricky without the right expertise. A lawyer can effectively handle your case by thoroughly investigating the incident, pinpointing where the property failed to meet safety standards. He or she will obtain critical evidence such as maintenance records, witness statements, and photographic documentation of the dangerous condition that led to your injury.

Additionally, the settlement process is rarely simple. Property owners, or management companies, have high-level insurers that might try to delay proceedings, with the hopes you’ll settle for less due to financial pressures. Often times, insurers may dispute claims based on the premise that a hazard was known and not rectified over a long period, and argue that negligence wasn’t on the part of the defendant but due to a lack of reporting by tenants or patrons.

They may also deny claims if they find that the injuries resulted from areas of the property not covered by the defendant’s policy or were due to non-compliance with local building regulations.

That’s why having an attorney is critical. Your attorney will handle all these tactics, and advocate for your best interests. If a fair settlement isn’t possible, your lawyer will be prepared to represent you in court, and argue the case based on the specific nuances of premises liability law.

Pre-Settlement Funding: A Financial Lifeline for Premises Liability Lawsuit Victims

If you find yourself struggling with expenses while fighting a premises liability claim, applying for funding with a reputable lawsuit funding company, like Baker Street Funding could be a strategic move to secure your financial future while awaiting the conclusion of your case.

A lawsuit loan for premises liability claims, also known as pre-settlement funding, is a financial arrangement designed to assist individuals who are currently involved in legal action due to injuries sustained on someone else’s property. It provides you with a cash advance against the future settlement or judgment you expect to receive from your premises liability lawsuit.

At Baker Street Funding, we provide what’s called “non-recourse financing”. That means you only need to repay the lawsuit loan if you win your case or settle out of court. This is especially useful when you face mounting bills and financial strain due to your inability to work and the ongoing costs associated with medical care and rehabilitation. It also helps you endure the often protracted legal process without compromising on your legal strategy or future settlement amount.

Funding Eligibility and Application for Premises Liability Lawsuit

To qualify for settlement funding, you must have a strong premises liability lawsuit. You also need to be represented by an attorney who agrees to cooperate with the funding company.

The process starts with an application, where Baker Street Funding will review the merits of your case based on the documentation and evidence provided by your attorney. Together with your attorney, we’ll assess the potential outcome of your case, and how strong it is. We’ll take a look at damages, faulty designs, history of similar incidents or filed complaints, how code violations directly contributed to the incident, among other nuances, and then determine the amount of funding you can get. We often fund cases within 24 hours of document submission.

Finally, the agreed-upon amount, which includes the principal and fees, is paid by your premises liability attorney, directly from the settlement or judgment you receive.

Why Choose Baker Street Legal Funding?

Transparency is at the core of Baker Street Funding’s operations. We provide clear terms with no hidden fees or surprises. Our interest rates start at 2.95% non-compounding and are capped, meaning you won’t face escalating costs over time. Our funding specialists make sure that you understand all aspects of your funding agreement before proceeding.

How We Help Victims

• Faulty Design. In a notable 2019 case, a family was awarded significant damages after a balcony railing failed due to poor design, which led to serious injuries. Baker Street Funding was able to provide up to $80,000 in legal funding, and the client was able to maintain her living costs until she won her case.
• Inadequate Security Measures. A 2020 lawsuit resulted in a large settlement after an individual was assaulted in a parking garage that lacked sufficient lighting and security cameras, conditions that violated local safety ordinances. Baker Street Funding was able to provide up to $50,000 in lawsuit funding to the client to cover ongoing medical bills and rent throughout his case.

Ready to Start?

Don’t let financial worries complicate your recovery and fight for justice in your premises liability lawsuit. Contact us today at (888) 711-3599 to explore how our pre-settlement funding options can help bridge the gap until your premises liability case resolves.

Remember, if your premises liability lawsuit doesn’t result in a financial award, you owe us nothing. This structure removes the financial risk from you.