Negligent Security Attorney in New Albany426 Bank Street, Suite 300
New Albany, IN 47150
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Negligent Security Lawyer in New Albany
In New Albany, Indiana, you can file a lawsuit against a property owner or occupant if you get injured due to negligent security. Although you may be able to file a claim without an attorney, hiring one significantly increases your chances of winning. And, it is not just about winning; it is all about recovering the actual value of your case.
That is where a negligent security lawyer in New Albany comes in. Here is everything you need to know about such attorneys and negligent security cases in general.
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How Can a Negligent Security Lawyer Help?
Negligent security cases are usually very complex. In fact, even some inexperienced attorneys struggle with these cases. For this reason, many victims opt to hire an attorney to represent them. Here is how the attorney can help.
Establishing the Validity of a Claim
When you have a negligent security claim, the first and most important thing to do is to establish whether it is valid. Just because you got injured on someone else's property does not mean they are liable. For this reason, an attorney will establish your claim's validity before proceeding to the next step.
Reviewing Available Evidence
You will need sufficient evidence in order to hold the other party accountable for their negligence. The attorney will review the evidence and determine whether it is strong enough to convince the court that the defendant is liable for negligent security. If the claim is valid, but the evidence is insufficient, the attorney can also help you collect the required evidence to strengthen the case.
Identifying the Responsible Parties
There is always a possibility that whoever you think is responsible for your injuries may not owe you a duty of care. For example, if you get attacked in the parking lot of your apartment, your landlord could be liable. However, if the landlord hired a security company but failed to do their job, the security company might be liable. Since the issue of liability is often debatable, you need someone who knows how to handle such complexities.
To file a claim or lawsuit against the liable party, you must demonstrate that you suffered some form of damages due to negligent security. An experienced attorney will evaluate your case, determine the compensable damages, and put a dollar value on them.
Filing a Negligent Security Claim
Once the attorney is convinced that you have a strong case, they will file a claim with the other party, offering them the chance to settle out of court. Most negligent security cases, about 90% to be precise, settle out of court. But if the other party is unwilling to cooperate, the attorney might file a lawsuit against them, presenting the case before a judge or jury.
Negotiating a Reasonable Settlement
The lawyer will also negotiate a reasonable settlement with the other party if they are willing to cooperate. While negotiating a settlement, the negligent security lawyer will keep your best interests at heart, ensuring you receive the compensation you need and deserve.
When Should I Contact a Negligent Security Lawyer?
It is always advisable to contact an attorney as soon as possible. The sooner you contact the lawyer, the better the chances of winning the case.
The attorney will need evidence in order to fight for you. But if you take too long to contact them, the integrity of the evidence could be compromised. Also, keep in mind that the other party will try to protect themselves from a possible lawsuit, even if it means tampering with the evidence before you contact a lawyer.
These cases are time-sensitive. In most states, the injured have up to two years to file a negligent security claim. Depending on the complexity of the case, the attorney might need more time to strengthen their arguments. This could mean traveling from one location to another, tracking and interviewing witnesses, obtaining expert opinions, etc. They cannot do all this if they do not have enough time.
While having witness testimonies can improve your chances of obtaining a favorable outcome, some witnesses might forget what they saw. This happens when you take too long to pursue your claim. The bottom line is that time is not always on your side when pursuing a negligent security claim. The sooner you realize this, the better it is for you.
Is Negligent Security the Same as Premises Liability?
There is a thin difference between negligent security and premises liability. The latter is the umbrella under which negligent security falls. In other words, negligent security is a subcategory of premises liability.
The term “premises liability” refers to the duty of care a property owner or occupant owes you when you visit the property. On the other hand, negligent security is when the property owner or occupant fails to provide reasonable security, usually due to negligence, leading to someone else's injuries.
What Are Some Examples of Negligent Security?
Some common examples of negligent security include the following:
- When an apartment owner fails to install adequate lighting at the apartment complex, leading to attacks on residents by criminals.
- When a bar owner fails to hire enough bouncers, leading to multiple deaths after a brawl.
- When a convenience store owner fails to install surveillance cameras, encouraging robbers to target the store and its customers.
What Are Some Important Negligent Security Laws in Indiana?
Negligent security laws in Indiana are designed to protect property owners, occupants, and visitors at different levels. Here are some notable laws from this Midwestern state:
In Indiana, property owners are responsible for injuries, damages, or deaths that occur to individuals who are at the property legally. However, this law only applies if the incident occurred due to unsafe conditions.
The law also requires property owners to take appropriate steps to offer protection to people visiting or residing at their property. Examples of such steps include installing surveillance cameras and sufficient lighting, notifying authorities about criminal cases in the area, hiring security companies to patrol the property, etc.
The injured have only two years from the date of the injury to file a negligent security lawsuit against the other party. If they do not file a lawsuit within the first two years of the incident, they will automatically lose their right to pursue further legal action against the accused.
How Do I Prove a Negligent Security Claim in New Albany?
To prove negligent security in New Albany, you must demonstrate two key factors, as discussed below.
First, you must show that the property owner or manager knew or should have known about the potential danger. Take, for example, an apartment complex located along a street with high crime rates. You expect the apartment owner or manager to know about this.
Secondly, you must also prove that the property owner or manager did nothing about the dangerous situation despite knowing about it. Again, using the example above, suppose the apartment manager failed to install security lights despite knowing that the area was a crime hotspot. In that case, you may be able to sue them for negligent security if you get attacked at the premises due to insufficient lighting.
What Are Some Common Defenses Against a Negligent Security Claim?
Even though you may have a valid negligent security claim, this may not prevent the other party from defending themselves. After all, they have a legal right to do so, just like you. Some common defenses to a negligent security claim include the following:
- You knew the risks involved but ignored them
- The criminal was more responsible for the incident than the property owner
- The incident was beyond the property manager or owner's control
What Damages Can I Recover if I Win My Case?
The kind of damages will depend on the unique circumstances of your case. In most cases, plaintiffs in negligent security cases can recover economic and non-economic damages.
Examples of economic damages in such cases include:
- Medical bills
- Cost of medical equipment
- Cost of hiring a caregiver
- Lost wages
- Lost earning potential
Non-economic damages include:
- Pain and suffering
- Emotional distress
- Mental anguish
- Post-traumatic stress disorder
Who Is an Expert Witness in a Negligent Security Claim?
Simply put, in this context, an expert witness is an individual who is more experienced and knowledgeable about security matters than an ordinary person would be. Securing the services of such an individual can significantly increase your chances of obtaining a favorable outcome when you file a claim or lawsuit against the negligent party. Specifically, an expert witness can:
- Demonstrate foreseeability and standard of care
- Analyze crimes and preventative measures
- Map crimes for demonstration purposes
- Conduct physical security assessments
- Recreate incidents for demonstration purposes
One thing you need to know about negligent security claims is that they are usually quite difficult to prove, especially without an attorney. That said, attorneys might also need the services of security experts. That is where an expert witness comes in.
But the truth is that not every law firm or attorney can afford an expert witness when needed to strengthen a case. For this reason, it is important to hire a legal representative with powerful legal resources to fight for you, even if it means going the extra mile to obtain the opinion of an expert witness. This could be the difference between settling for a lowball offer or the actual value of your case.
Can I Sue if My Loved One Died Due to Negligent Security?
Yes, you may be able to file a negligent security lawsuit if someone died due to the property owner or manager's failure to provide reasonable security. Such a case might also need the attention of a wrongful death lawyer. If you win, you might be able to recover funeral expenses and compensation for general and special damages. The judge or jury might also award you punitive damages if the other party was grossly negligent.
Where Can I Find a Negligent Security Lawyer in New Albany?
Albany is home to numerous injury firms specializing in different practice areas. However, you need the best in this field when looking for the right attorney to represent you in your negligent security case.
That is where Morgan and Morgan comes in. We are the largest injury law firm in Indiana and the entire nation. Our attorneys specialize in different areas of tort claims, including those involving negligent security.
If you or your loved one has been injured due to someone else's failure to provide reasonable security, we could represent you. But first things first, you'll need to fill out our free case evaluation form to get started.
Remember, we offer legal representation for the injured on a contingency basis. This means you do not pay us anything unless we win. Most importantly, remember that time is not on your side. The longer you take to consult an attorney, the harder it is to prove your case.
We are here 24/7 to fight for you. Contact us any day, any time to get started with your case.