When you’re injured on someone else’s property, the aftermath can be overwhelming. Beyond dealing with your physical injuries and mounting medical bills, you’re faced with legal questions about who’s responsible and how to get the compensation you deserve. This is where premises liability law comes into play, and understanding your rights is essential to protecting your future.
The difficulty of premises liability cases makes having experienced legal representation essential. Property owners and their insurers know how to protect their interests, and without proper legal guidance, injured victims often settle for far less than their cases are worth—or miss critical deadlines that could bar their claims entirely.
If you believe that you have a premises liability case in Mississippi, don’t wait much longer. Contact a Mississippi premises liability attorney at Giddens Law Firm today for a free consultation.
Understanding Premises Liability Cases in Mississippi
Premises liability refers to property owners’ legal responsibility to keep their premises reasonably safe for visitors. This includes slip and fall accidents, injuries from unsafe property conditions, and incidents involving negligent security. Whether you’ve been hurt in a grocery store, apartment complex, restaurant, or office building, these cases often involve going up against well-funded property owners, landlords, and their insurance companies, who have teams of lawyers working to minimize their liability.
To succeed in a premises liability case, you must prove negligence on the part of the property owner. This involves establishing four key legal elements:
- Duty of Care: The property owner must have owed you a duty to maintain reasonably safe conditions
- Breach of Duty: They must have breached that duty through action or inaction
- Causation: Their breach must have directly caused your accident
- Damages: You must have suffered actual damages, such as lost wages or medical bills.
The legal standard for duty of care varies depending on your status when you were on the property. Invitees, such as store customers, are owed the highest duty of care. Licensees, like social guests, are owed a moderate duty. Trespassers are generally owed the lowest duty, though there are exceptions for child trespassers and other exceptional circumstances.
How a Mississippi Premises Liability Attorney Can Help You
Investigating the Accident
One of the most critical services a premises liability attorney provides is conducting a thorough investigation of your accident. This process begins immediately, as evidence can disappear quickly. Your lawyer will gather substantial evidence. This includes:
- Photos of the accident scene
- Security camera footage
- Maintenance records that may show that the property owner knew about the danger
- Incident reports from the property owner or their staff
Beyond collecting physical evidence, experienced attorneys know how to identify and interview witnesses who saw your accident occur. They also work with expert witnesses who can provide professional opinions about the cause of your accident. This could include safety inspectors who can talk about building code violations. It may also include engineers who can explain structural problems. Medical professionals can link your injuries directly to the accident.
Determining Who is Responsible For the Accident
Premises liability cases often involve multiple potentially responsible parties, and identifying all liable parties is crucial for maximizing your recovery. Your attorney will investigate whether fault lies with the property owner. Other parties that may be liable include a tenant who controls the area where you were injured, a management company responsible for maintenance, or a contractor whose work created the dangerous condition.
Your personal injury lawyer will also evaluate whether comparative negligence laws might apply to your case. In Mississippi, your recovery can be reduced if you’re found partially at fault for your accident. For example, if you were texting while walking and partially contributed to your slip and fall, your damages might be reduced by your percentage of fault. An experienced attorney knows how to minimize arguments about your comparative fault while maximizing the property owner’s responsibility.
Handling the Negotiations With the Insurance Companies
Property owners typically have liability insurance to cover premises liability claims, and these insurance companies employ experienced adjusters and lawyers whose job is to minimize payouts. When you try to handle a claim independently, you’re at a significant disadvantage in these negotiations.
Your attorney is a buffer between you and the insurance company, protecting you from tactics designed to shift blame or pressure you into accepting inadequate settlements. Insurance adjusters often contact injured parties shortly after accidents, hoping to obtain recorded statements that can later be used against them or to secure quick, low-value settlements before the full extent of injuries becomes apparent. Your lawyer handles all communications with insurers and ensures that your rights are protected throughout the process.
Calculating Your Damages
One of the most valuable services a premises liability attorney provides is correctly calculating the full extent of your damages. Many injured parties focus only on their immediate medical bills and miss significant components of their potential recovery.
Your lawyer will work to document all of your economic damages, including current and future medical expenses, lost wages from time off work, reduced earning capacity if your injuries affect your ability to work long-term, and out-of-pocket expenses related to your injury such as transportation to medical appointments or home modifications.
Beyond economic damages, your attorney will also pursue compensation for non-economic damages such as pain and suffering, loss of enjoyment of life, emotional distress, and loss of consortium if your injuries affect your relationship with your spouse. For severe injuries like spinal cord damage, traumatic brain injuries, or chronic pain conditions, these non-economic damages can represent the largest portion of your recovery.
Filing the Lawsuit and Representing You in Court
If settlement negotiations don’t result in fair compensation, your attorney will file a lawsuit on your behalf and represent you throughout the litigation process. This involves meeting strict statute of limitations deadlines, which vary by state but typically range from one to three years from the date of your accident.
Once a lawsuit is filed, your lawyer handles all aspects of the legal process including drafting pleadings, conducting discovery to gather additional evidence, filing motions to advance your case, and representing you at trial if necessary. The litigation process can be complicated and lengthy, but having experienced counsel ensures that your case is properly prepared and presented.
Maximizing Your Compensation
Experienced premises liability attorneys bring valuable insight from handling similar cases, which helps them push for fair settlements and avoid the common pitfalls that can reduce recovery. They understand how insurance companies value cases and what factors tend to increase settlement offers.
Your lawyer will also be prepared to take your case to trial if insurance companies won’t negotiate in good faith. The threat of trial often motivates insurers to make more reasonable settlement offers, as they know that sympathetic juries can award significant damages in premises liability cases involving serious injuries.
Why Hiring a Lawyer Matters in Premises Liability Claims
The reality is that landlords, property management companies, and businesses typically have strong legal teams working to protect their interests. When you try to handle a premises liability claim on your own, you’re facing these experienced professionals without the knowledge and resources needed to level the playing field.
A skilled premises liability attorney brings several advantages to your case. They understand the applicable laws and how courts in your jurisdiction typically handle these cases. They have relationships with expert witnesses and investigators who can strengthen your claim. Most importantly, they have the negotiation skills and trial experience necessary to maximize your recovery.
Statistics consistently show that injured parties who hire attorneys recover significantly more compensation than those who try to handle claims on their own, even after accounting for attorney fees. This increased recovery reflects not just better negotiation skills, but also more thorough case preparation and a better understanding of what damages you’re entitled to pursue.
Our Mississippi Premises Liability Attorney is Here to Help
A premises liability lawyer serves as your advocate, investigator, negotiator, and courtroom representative throughout the complicated process of pursuing compensation for your injuries. From the initial accident investigation through final resolution, experienced counsel protects your rights and works to maximize your recovery while you focus on healing from your injuries.
Time is critical in premises liability cases. Evidence can disappear, witnesses’ memories fade, and strict filing deadlines can bar your claim entirely if you wait too long to take action. The sooner you contact an attorney, the better they can preserve crucial evidence and build a strong foundation for your case.
Don’t let the complications of premises liability law prevent you from getting the compensation you deserve. Most premises liability attorneys work on a contingency fee basis, meaning you don’t pay attorney fees unless they recover compensation for you. This arrangement allows you to access experienced legal representation regardless of your financial situation and ensures that your attorney is motivated to achieve the best possible outcome for your case.
If you’ve been injured on someone else’s property, contact an experienced premises liability attorney today for a free consultation. Your future may depend on the actions you take right now, and having the right legal team on your side can make all the difference in your recovery and your ability to move forward with your life. Contact Giddens Law Firm today to schedule a free consultation.