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Paul Benson July 20, 2020

According to the Centers for Disease Control and Prevention (CDC), over 800,000 patients are hospitalized due to a fall injury each year. When you are hurt or injured in an accident on a friend or neighbor’s property, you may be hesitant to seek compensation for your injuries. However, filing a claim against the homeowner’s insurance means that your friend or neighbor isn’t the one covering the costs. It falls to the insurance company to pay for any awarded damages. 

The Paul Benson Law Firm can answer your questions about premises liability and provide proper guidance about an often delicate situation. I  proudly serve clients throughout Janesville, Beloit, and Rock County, Wisconsin. As an experienced premises liability attorney, I can fight to protect your rights and help you pursue fair financial compensation for your injuries and damages.

What is Premises Liability?

Premises liability is a legal term used to describe a situation whereby an individual becomes hurt or injured in an accident on someone else’s property as a result of a dangerous, unsafe, or hazardous condition of the property.

Premises liability cases can include slip and falls, staircase collapses, fires, electric shocks, dog bites, or animal attacks. Under Wisconsin Premises Liability Laws, an injured person may seek damages from the property owner for their were injuries suffered while on the property. In a situation where you don’t want to sue your friend or neighbor, you can file a claim with their homeowner’s insurance.

Filing an Insurance Claim

When you are hurt on a friend or neighbor’s property, the first thing is to confirm if they have homeowner’s insurance. Luckily, most homeowners in Wisconsin do. Ask the homeowner for the name of his/her insurer.

Once you have the required information, you should report your injury to the insurance company as soon as possible. Delaying may cause the insurer to think your claims are illegitimate. If the insurer denies your claims, you have the right to file a lawsuit against the insurance company.

However, if your friend or neighbor owns the property outright, with no mortgage, it is possible that they may not have a homeowner’s insurance. In this case, you need to negotiate with the friend/neighbor. Make them understand that your injury may be significant and you require a fair compensation.

Comparative Negligence in Wisconsin

Wisconsin makes use of comparative negligence to determine liability and damages in personal injury cases. To recover damages, you need to determine the fault of all of the parties involved. The court will use the comparative negligence rule to identify the level of fault each party played in causing the injury. 

The amount of damages you are able to recover from your premises liability claim will be reduced by the percentage at which you personally were at fault. For example, if your claim results in a $10,000 reward for damages, but it was determined that you were 25% responsible for the accident occurring, then the amount you’d receive from your claim would be $7,500.

How Can Legal Counsel Help

Premises liability victims in Wisconsin may be eligible for financial compensation for their injuries and damages if the accident was caused by the property owner’s negligence. Hiring a knowledgeable personal injury attorney is crucial to protect your rights and help you pursue fair compensation.

At The Paul Benson Law Firm, I have dedicated my career to handling matters of premises liability and slip and falls. As your attorney, I will review your case and conduct a comprehensive investigation. I will attempt to prove fault, determine case-value, and negotiate a fair settlement with the insurance company. With me on your side, you can anticipate the best possible outcome in your premises liability lawsuit.

Experienced Premises Liability Attorney in Janesville, Wisconsin

If you were hurt in an accident on a friend or neighbor’s property, you may make claims on their homeowner’s insurance. Contact The Paul Benson Law Firm for help with your premises liability lawsuit. I will review your case and help you pursue your deserved compensation for your injury. I am proud to serve victims of premises liability accidents throughout Janesville, Beloit, and Rock County, Wisconsin. Call now to schedule a free case assessment with an experienced Wisconsin personal injury attorney.