Why Choose Cava Law Firm To Help You
We Are The Right Professionals For Your Premises Liability Case
If you have suffered an injury on another individual or organization’s property, feeling frustrated is common. Unavoidable accidents are unfortunate, but those that occur because someone did not properly maintain their property are particularly aggravating.
Those who find themselves in this situation may be eligible for compensation. The first step in pursuing a settlement is to engage a premises liability attorney. Handling a claim on your own or selecting the wrong attorney can negatively impact the outcome of your case. Premises liability law in Massachusetts is complicated, and the process of filing a lawsuit and successfully seeing it through to the end requires time, tenacity, knowledge, and experience.
The premises liability lawyers at the Cava Law Firm are well-prepared to help you move forward and take the steps necessary to obtain a settlement that reimburses you for the costs of your medical care, lost wages, and pain and suffering
Reach out to us at (413) 737-3430 or (413) 781-CAVA (2282) to schedule a free consultation during which we can gain an understanding of the accident and your injuries.
The Cava name is synonymous with Springfield premises liability lawyers. As our client, you will benefit from our:
- Quality reputation: Attorney Christopher F. Cava, founder of the firm, has worked tirelessly to provide legal services designed to protect the citizens of Springfield and the surrounding area. He leads a team of professionals whose knowledge of premises liability law is unmatched. The firm views itself as an important member of the community and is proud of the work it has done helping its citizens successfully pursue settlements for their injuries.
- Detailed service approach: Premises liability cases are often won and lost on specific details. Sometimes, the smallest things can make the biggest difference. We know this and have developed an approach that focuses on the intricacies of each case. We take the time to fully investigate each claim. This focus on the details, combined with our understanding that each case is unique, leads to incredibly personalized service. Our clients have access to all the resources of our firm and know that their questions and concerns will be quickly and completely addressed.
- Knowledge and experience: For decades we have been negotiating and litigating premises liability cases in Massachusetts. Our understanding of the law is complete and our experience in the local court system is significant. Without question, knowledge in any situation is power, and we are ready to put ours to work for you.
Our firm is dedicated to holding accountable those who did not uphold their duty. The Cava Law Firm knows premises liability law and we are ready to help you pursue a settlement for your damages.
How We Can Help You
Our Premises Liability Lawyers Manage The Entirety of Your Case
As you recover from your accident, filing a lawsuit may seem like a lot to undertake. Just thinking about the legal process and all that it entails can seem like too much to handle, especially since you are likely still hurting from your injuries. When you engage our premises liability lawyers you can rest assured that we will handle every single step, allowing you to put all your energy into your recovery.
Our team will:
- Conduct an investigation: We will not only listen carefully to your account of the accident, but will also review photos, accident reports, and videos (if available). Our team takes additional time to interview witnesses who were present when you were injured and can provide a firsthand account of what happened. Finally, we will review the condition of the property on which your accident occurred.
- Manage the paperwork: Legal forms must be completed and submitted in a timely fashion. The process can be time-consuming and complicated. We know what needs to be done and how to do it. You can rest assured that we will handle everything within the statute of limitations.
- Assume communication responsibility: The last thing you need as you recover from your injuries is a barrage of telephone calls and emails regarding your accident. As your premises liability attorney, we handle all communications on your behalf. We encourage you to share our name and contact information with anyone associated with your case.
- Identify your expenses: You have one chance to recover the costs related to your accident, so it is important to make sure you leave nothing out. Based on our experience we know what to include and how to calculate future expenses, including future lost wages. Our goal is to help you get fully compensated for your losses.
- Negotiate a settlement: Settling your case during the negotiation phase and not having to head to court is our initial goal – one which we often achieve. Our attorneys are skillful and smart negotiators, and we leverage our experience to help get you what you need.
- Litigate on your behalf: If we cannot negotiate a mutually agreed upon settlement, we will not hesitate to take your case to court. We are aggressive litigators who know the law, the courts, and how to succeed.
Winning is NO accident! The Cava Law Firm has proven experience in maximizing compensation for its premises liability clients. Our reputation speaks for itself.
Premises Liability And Negligent Security in Massachusetts
What Actions Or Inactions Can You Sue For?
A premises liability case involves someone who is injured because of unsafe conditions on someone else’s property. Some common examples of these incidents include commercial properties, like stores or restaurants, where people trip over something or slip on a wet surface. Specifically, in the context of nursing home fall liability, the property owner or the nursing home administration is responsible for ensuring that the environment is safe for its residents, highlighting the importance of stringent safety measures in such settings. This responsibility makes it clear that the property owner is accountable for these types of injuries, emphasizing the need for vigilance and care in maintaining safe conditions for all visitors and residents.
A property owner may be liable for cases of negligent security. This occurs if they do not keep the premises reasonably safe for those who patronize them. If you want to prove a case of negligent security, there are a few things that must be shown:
- Recurring issues. Usually, a property owner is not going to be considered liable for crimes that take place on their property unless there is an established pattern of crimes having taken place there. If there is a pattern of crime, then it is up to the property owner to improve security to safeguard their guests.
- Improper security measures. For properties that continue to have issues with crime, the property owner is required to implement various security measures, to what is considered a reasonable degree. Sometimes this includes adding security lights, perimeter protection, better maintenance, higher quality locks, or security guards.
- Not complying with the law. While this is not considered an absolute requirement, you will have a better chance of recovering compensation if the owner or the operator of the property fails to meet the federal, state, or local laws related to maintaining their property.
If someone you love has lost their life due to negligent security or a premises liability accident, you may be able to file a wrongful death lawsuit. Understanding thewrongful death lawsuit qualifications is crucial in determining your eligibility to pursue legal action in these unfortunate circumstances.
Understanding Premises Liability Laws in Massachusetts
You may recover compensation for an injury on someone else’s property in cases of negligence. Negligence law requires you to show you were owed a legal duty of care by the property owner. You must also prove that the duty was breached in some negligent manner, which resulted in your injury. Consulting with a Chicopee personal injury lawyer can ensure that your rights are protected throughout this process.
The specifics of what duty you are owed by the owner or renter of a property will vary based on why you visited the property.
The law in the state applies to different people in different ways. For example:
- Invitees: A customer or anyone else who is invited to a property so they can do business there is considered an invitee under Massachusetts law. These individuals are owed the highest duty of care. It is also necessary for property owners to inspect the area regularly to ensure there are no hazards or dangers present. If there are issues like these, they must be corrected, or a warning of their existence must be provided to visitors.
- Licensees: If someone is invited to a property for a casual visit, such friends, acquaintances, and visitors are considered licensees. These individuals are owed an intermediate duty of care. A property owner or a renter who is in control of the property is required to correct the dangers they know about or should have known about so they can warn guests about the potential dangers. There is no requirement, however, that a property owner must inspect the property regularly.
- Trespassers: If someone is trespassing on the property, they are owed the least duty of care. This is because they do not have permission to be there. While it is not permissible for a property owner to create a trap for a trespasser, the property owner must nevertheless warn about known dangers.
If you are unsure what type of duty of care is owed to you, it is a good idea to talk to a premises liability law firm. Once the duty of care is known, you are required to show proof that the property owner or the renter of the property fell short of this duty. Because of this, they can be considered negligent by law and be liable for any injuries that you suffered.
Compensation Awarded In Successful Premises Liability Cases
If your premises liability case is successful, there are a few types of compensation you can recover. Remember, the amount that you receive depends on the extent of your injuries.
Some of the types of compensation you can seek in a premises liability accident case include:
- Medical-related costs;
- Lost wages and lost future earning capacity;
- Damage to property;
- Emotional or mental stress;
- Pain and suffering, and/or
- Punitive damages.
The medical expenses associated with even minor injuries can be considerable and impact your financial future. You should not be responsible for costs resulting from an accident due to the negligence of others. Whether your injuries are big or small, we are here to help you pursue an appropriate settlement.
Frequently Asked Questions
Most of our clients have many questions about premises liability claims. Below are answers to some of those commonly raised by individuals who have been injured on someone else’s property. At Cava Law Firm, we will be happy to assess your situation and answer questions relating to it specifically.
Do You Need an Attorney To File A Premises Liability Claim?
While it is not required that you have an attorney to file a premises liability claim, it is recommended. The laws related to these cases can be complex. The law imposes many obligations on claimants, such as meeting deadlines, providing certain notifications, pleading your claim with specificity, and responding to requests for evidence. With the help of an attorney, you will have a better understanding of the law and your rights, and you will be better able to manage all the details of your claim.
How Long Do You Have To File A Premises Liability Claim?
In the state of Massachusetts, you have three years from the date of the accident to file a premises liability claim. If you fail to file the claim within this amount of time, you will likely lose your ability to do so. Because of this, it is a good idea to get in contact with our legal team right away to ensure you do not miss this deadline and lose your chance to file a claim for the compensation you deserve.
How Much Can You Receive For A Premises Liability Claim?
The value of your premises liability claim depends on the severity of your injuries. The more severe the injuries and the longer the recovery, the higher the settlement will likely be. Since each case is unique, it is a good idea to speak with an attorney to ensure that you protect your rights and can recover compensation for your injuries.
How Long Will Your Premises Liability Case Take To Settle?
Just like the value of your case, the amount of time it takes to settle depends on the circumstances. In some cases, we can negotiate a fair amount of compensation with the insurance company for the at-fault party; however, in other situations, we must go to court. This will impact how long it takes to resolve your case.
We hope the information shared above addresses your initial concerns and helps you to better understand your options.
Reach out to us today at (413) 737-3430 or (413) 781-CAVA (2282) to schedule a free consultation and take the first step toward regaining control and your future.
Contact Our Legal Team at Cava Law Firm For Help With Your Premises Liability Claim
Winning Is NO Accident!
If you have been injured on someone else’s property due to a hazard or dangerous condition, you may have the legal right to file a premises liability claim. Get in touch with our personal injury lawyers at Cava Law Firm right away. We can review the facts of your case and start the process for you to recover the compensation you are owed.
The best way to protect your rights is by contacting a Springfield, MA, premises liability lawyer at Cava Law Firm at (413) 737-3430 or (413) 781-CAVA (2282).
