FAQ

• The legal theory behind claims of premises liability rests in the notion that the owner or occupier of any property on which an injurious accident has occurred should be held responsible for the damages that result. Generally speaking, any type of preventable accident that occurs on a property other than your own could be grounds for a premises liability claim in the state of California.
• Premises liability claims and lawsuits can vary from case to case and are dependent on circumstances that are specific to the accident that left you injured. Accordingly, an attorney should be involved in the matter early on in order to ensure that you are taking the appropriate legal steps given the conditions of your case. If you are unsure about whether or not you have a premises liability claim on your hands, then contact a lawyer from our firm without hesitation.

• One of the legal theories behind claims of premises liability is that of negligence, and negligence can be an important aspect of your case if you are attempting to sue a university or another type of school system for premises liability. In the case of an attack that occurred on a college campus, claims of negligence could be involved in your premises liability lawsuit.
• On more than one occasion, courts have found entities such as colleges and shopping malls liable for an attack that happened on their premises. The claim behind these types of cases usually rests with the idea that reasonable care was not exercised on the premises, thus allowing for an attack that might otherwise have been prevented.
• To win a lawsuit that is filed against a university for a campus attack, you must be able to prove that the college was negligent in the safety provisions that were provided to its students and residents. Past incidents of attacks and the types of safety precautions that were – or were not – provided at this time are two factors that can be used to determine negligence.

• All building owners and / or managers are required by law to provide a safe environment for their residents to live. Exercising reasonable care for the prevention of avoidable injuries is a duty of your building owner, and his or her failure to take adequate measures to ensure your safety could result in a case of premises liability.
• Acts of reasonable care for which your building owner should be held responsible include providing safe exit strategies that can be used in the case of an emergency; installing fire sprinklers that can be used in the case of a fire; securing locks on doors to keep residents safe from break-ins; and ensuring that the building is adequately lit to prevent falls.

• Whether or not you can take legal action for an injury that was sustained at a house party will depend on a few different factors, one of which is if the accident could have been prevented. Like all other premises liability cases, if it can be proven that the accident occurred from a dangerous condition that should have been fixed prior to inviting guests to the house then the incident could be one for premises liability legal action.
• The success of your premises liability case could also depend on whether or not you were invited to the party. In some cases, a claim will be denied if it can be proven that the victim's injury was sustained while he or she was on the premises of another person who did not invite the victim into his or her home. These types of qualifiers can be better understood by speaking one-on-one with an injury lawyer from our firm, so call us today to learn more.

• In many cases, premises liability law can be used to address the needs and concerns of a person who was attacked at a concert venue, stadium, arena, or any other type of public place. The failure of a vicinity to provide adequate safety measures that would keep their guests protected in the event of an attack or disaster could be considered negligent, and thus punished as such.
• Premises liability law calls upon a person's duty to protect the other people on their property; when this protection is not taken, then serious injuries and even death could result on their property. In such cases, a premises liability case might be necessary in the aftermath of the accident.

• The Law Offices of Caroline J. Nasseri offers free legal counsel to our premises liability clients in San Jose, California. After working in the field of personal injury law for many years, we are well aware of the fact that accidents and injuries of this nature often call for hefty out-of-pocket expenses to cover the medical costs of recovery. In a time that is already filled with stress, confusion, and financial burden, we are in no position to add to these worries. In fact, we would like to alleviate them.
• To help our clients feel both comfortable and confident with the legal services offered at our firm, we charge no upfront expenses for the legal services that we provide to our clients. Rather, we only ask for payment if / when we are successful in reaching a favorable verdict or settlement on your behalf. If, for some reason, you do not financially benefit from you case then neither will we. Additionally, we are prepared to assist in the payment of your medical treatment, thus ensuring that you can seek both the medical and legal help that you deserve at this time.

In legal terms, personal injury refers to any damages inflicted upon a person by another individual or entity – such as a business or corporation. While personal injury can take many forms, it is not limited to visible injuries alone. In fact, courts will consider a victim's physical, emotional, and financial damages when determining compensation awards.

This means that victims are eligible to recover damages relating to their pain and suffering, mental anguish, and emotional injuries in addition to their physical injuries and the financial expenses they incurred. As such, a personal injury claim is essentially a lawsuit that aims to hold the at-fault party financially liable for compensating injured victims.

Generally speaking, any significant injury can qualify as a "personal injury" if it was caused by the negligence of another person, corporation, business, etc. Some injuries are more common than others, though. Car accidents, for example, are one of the most common types of accident claims / lawsuits in the United States.

Not all personal injury claims will extend into the trial phase. In fact, many victims are able to obtain fair compensation through settlements before a trial ever occurs. Although settlements are an excellent way for injured victims to avoid potentially lengthy court proceedings, they are not always an ideal option for everyone because it can be costly and time-consuming.

When at-fault parties or insurance companies dispute a claim or fail to offer a settlement that fully meets the needs of victims and families, then pursuing a claim to trial may be an appropriate option. As all cases are unique, whether or not your case will extend into trial is a matter that should be discussed with an experienced attorney.

If you were injured as a result of a slip and fall accident, the owner of the property may be responsible depending, on the circumstances. If it is proven that your slip and fall was the result of a negligent behavior on the part of the owner or if it was a situation they should have reasonably been avoided through proper maintenance, they may be liable. If they were aware, or should have been aware, of the hazardous condition and did not fix the issue, a premises liability claim can be filed.

If, however, the injured party was trespassing, they may not be able to file a lawsuit. Other accidents could be the result of general carelessness on the part of the victim. If the victim is completely responsible for his / her injury, the property owner may not be held liable for the accident.

The court takes into account many factors when calculating compensation. They examine the level of severity of the injuries, the amount of accumulated medical expenses, and the estimated amount of money needed for future therapy and medical costs.

The court will also examine liability, the faulty party, and whether you were partially at fault for the incident. If you have severe financial hardship, any lasting mental or physical damage caused by the accident, or pain and suffering, your compensation may be higher than if these factors do not exist.

Economic Vs. Noneconomic Damages

While medical expenses are fairly easy to calculate, emotional damages are less simple. Some insurance companies use formulas to determine the amount of "special damages" that you can obtain. If your case goes to trial, a jury may determine how much you deserve.

In California, some of the non-economic damages that you may be entitled to include:

• Pain
• Suffering
• Mental Suffering
• Inconvenience
• Emotional Distress
• Loss of Consortium
• Loss of Companionship
• Loss of Society
• Humiliation
• Injury to Reputation

A personal injury attorney from The Law Offices of Caroline J. Nasseri can help you understand how these factors relate to your case.

There are no legal requirements for a victim to have a lawyer when filing a personal injury claim. Given the complexities of the legal process, the technical legal concepts involved, and the fact that insurance companies often do everything in their power to pay victims as little as possible, however, working with a proven lawyer is a wise decision.

At times when you and your loved ones may still be reeling from needless tragedy and may still be recovering from injuries, facing this legal journey without the support and guidance of an attorney can be overwhelming. By working with our San Jose injury lawyer, you can receive the step-by-step guidance, genuine support, and effective representation you need to recover the compensation you rightfully deserve.

The aftermath of a San Jose car collision can be complex and even stressful if it is not handled correctly. Therefore, we encourage you to involve a legal professional in the matter as soon after the accident as possible. In this way, you can rest assured that all of the proper legal actions that are needed in order to be successful in your case are being made when they need to be. Generally speaking, we suggest that any individual who was victimized in an auto accident take the following steps after the collision:

• Take notes – The more information you have to supplement your car accident claim, the better. Any details that you can remember from the accident should be recorded as soon as possible, because having notes to trigger your memory of the events of the incident could be extremely helpful later on during the claims process. From what you were doing, to where you were going, to the time of the accident, everything is worth documenting, including your thoughts and feelings at the time of the accident.
• Take photographs of property damage and injuries – In order to ensure that no one can deny the damage that was done to your vehicle or the injury that was sustained to your person, you should take photographs of both. If you can supply pictures of your auto damages and / or personal injuries, then there will be far less room for anyone to argue the consequences of the accident that ensued.
• Track your injuries daily – The injuries sustained in a car accident can result in far more than just physical damage to the body. In addition, symptoms such as sleep loss, anxiety, and other emotional issues can be experienced as well. The more documentation that you have of your injuries, the better chances you stand of being compensated for the harm that was caused to you.

Yes. Your car insurance policy acts as an indicator of the professional relationship held between you and your provider. Accordingly, you are expected to act within the guidelines of this policy, one guideline of which is to promptly inform your insurance provider of any accident in which you were involved; this is true even in circumstances in which you are not at fault for the collision.

The working relationship between you and your insurance provider calls for mutual respect and trust, much of which is built on communications between both parties. Failure to inform your insurance provider of your accident in a timely manner could result in the complete loss of coverage for you injuries and / or damage. Therefore, you should not wait to speak with your insurance company about your accident.

Nothing! You are under no contractual obligation to speak or otherwise interact with any insurance company other than your own. Therefore, you should think twice before speaking with the insurance provider of any other driver who was involved in your accident. Unfortunately, too many past dealings with other insurance companies have taught us that these providers are far less concerned with the well-being of the injured party than they are with their own financial profit or retention.

As such, insurance adjustors are likely to use underhanded ploys to evoke statements from the victim that could be used against them later on. If you are being asked to discuss your car accident with an insurance adjuster other than your own, then you should immediately seek help from a personal injury attorney. A legal professional can intervene and communicate with the other insurance company on your behalf, thus ensuring that nothing is said on the record that could put your case in jeopardy down the road.