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Negligent Security Lawyers in Waltham
Property owners in Waltham, Massachusetts, have a duty to provide reasonable security to anyone who visits their property legally. If they fail to provide proper security, they can be held responsible for injuries at their property. That is the whole point of hiring negligent security lawyers in Waltham.
Morgan and Morgan can fight for you or your loved one if injured on someone’s property due to their failure to provide reasonable security. We have decades of experience handling these cases and powerful legal resources to support your case.
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Morgan & Morgan
Do I Have a Negligent Security Case?
The answer to this question will depend on various factors. This explains why it is always advisable to contact us for a case evaluation. After evaluating your case, we will determine the following factors:
- Whether the defendant owed you a duty of care
- Whether the defendant breached their duty of care
- Whether you were injured due to the defendant’s breach of their duty of care
- Whether you suffered damages due to the injuries sustained
If these four elements are true, you might have a valid negligent security case. However, it is also important to note that these are just the four most important things to consider; we might need to look at many other factors, depending on the specifics of your case.
What Are Some Examples of Negligent Security?
Negligent security incidents vary from case to case. That said, here are some common examples:
- Broken or missing building elements, such as missing handrails, faulty locks, etc.
- Failure to anticipate certain crimes, such as mugging, robbing, shootings, rape, etc.
- Hiring untrained or inadequate security personnel
- Missing security equipment such as cameras
These elements do not necessarily qualify as negligent security if no one is injured. For instance, if you find out that a security company hired untrained security personnel, you may be able to sue them only if you got injured primarily because they hired untrained security personnel.
Where Do Negligent Security Cases Mostly Occur in Waltham?
Negligent security cases can occur anywhere in Waltham. The most common places include but are not limited to:
- Retail stores
- Hotels and motels
- Office premises
- Government properties
- Parking garages and parking lots
Who Should I Sue if My Case Is Valid?
In some negligent security cases, more than one party might be responsible for your injuries. This is the whole point of hiring an experienced attorney. The attorney will review the specifics of your case and also determine who to sue.
It is also important to note that some cases might be more straightforward than others. For this reason, you need someone who understands how the law protects you in different scenarios. Again, that is where the importance of working with a seasoned attorney comes in.
Such an attorney might be able to file a claim against:
- The property owner
- The company managing a parking lot
- A property management company
- The security company
- State or municipal government
Or any other individual or entity responsible for your injuries.
What Should I Do if I Get Injured?
The steps you take after getting injured due to negligent security could make or break your claim. It is therefore important that you know what to do. This is the best way to improve your chances of obtaining reasonable compensation.
- Call 911 immediately and request an ambulance if you have suffered life-threatening injuries or are in serious pain
- Remember to request a police officer at the scene
- Take pictures and videos of the accident scene, showing your injuries, and the dangerous condition, if possible
- Do not accept responsibility for the accident even if you feel you are partly responsible
- Do not say you feel okay, especially before visiting a doctor
- Note down the contact information of any witnesses, if possible
- If you did not need an ambulance, ensure you see a doctor as soon as possible
- Document how you feel throughout the journey, including how the injury has affected your relationships with your loved ones, your daily lifestyle, etc
- Contact Morgan and Morgan negligent security lawyers for a free case evaluation
Should I Accept a Settlement Offer From the Insurance Company?
You should not rush to accept a settlement offer from an insurance company, especially if you suffered serious injuries. This is because the initial offer from the insurance provider is not usually accurate. Rather, they use it to ‘test the waters.’ If you accept the settlement and sign the release of settlement agreement, you cannot turn back and file a new claim against the insurer for the same accident.
Before you sign the settlement offer, ensure you speak with an experienced attorney. The lawyer will review the specifics of your case, including the nature of your injuries and damages, and determine the amount of compensation you may be entitled to. You may be shocked to discover that you may be entitled to up to 20 times more than the original settlement amount. For instance, at Morgan and Morgan, we have handled cases where the insurance company offered less than $100 as the initial settlement offer, only to pay millions as compensation for their insured’s negligence.
Should I Talk to the Insurance Company About My Injuries?
There is nothing wrong with talking to the insurance company about the injuries. After all, they will not compensate you for something they do not know about. However, it is advisable to consult a seasoned attorney before communicating with the insurer.
This is because insurance companies usually have only one primary goal; to get themselves off the hook. They will do anything to jeopardize your claim or at least pay way less than what you are entitled to. Bear in mind that insurance is a business like any other. The more they pay out as compensation for their insured’s negligence, the less money they make.
These companies will sound friendly during the initial conversation. They will act like they care about you and would want to settle the case immediately, allowing you to focus on recovery. But the truth is that you should only trust your attorney when it comes to personal injury cases. This is because your attorney has no other motive other than seeing you win.
How Much Is My Case Worth?
The value of your negligent security case will depend on the specific details of the case. During the initial consultation with the attorney, they will first determine whether you have a valid claim. Next, they will review the available evidence and estimate the compensation you might be entitled to.
If the matter goes to court, the judge or jury will consider several factors to establish the compensation they should award you. For example, let’s say you are a professional athlete with a family that depends on your professional career for their basic needs. In that case, if you slip and fall at the mall due to missing handrails and suffer permanent paralysis, the court will consider this factor in their ruling.
On the other hand, the defense attorneys will likely want to establish whether you contributed to the injury in one way or another. If they can prove this, then their evidence could significantly influence the amount you may be able to recover as compensation for your injuries.
What Are Some Common Defenses to Negligent Security Claims?
The other party will not write you a blank check just because you got injured due to their insured’s negligence. These companies make millions of dollars yearly. For this reason, it is highly unlikely that they will go down without a fight.
And because they can afford some of the best defense attorneys in the industry, you should expect a fierce legal battle. Some of the most common defenses to negligent security claims include:
The defendant did not owe you a duty of care. For example, if you get injured near the mall, you cannot sue the mall for negligent security. The same applies if you were at the property illegally.
You contributed to the accident. Although this does not mean that the defendant is no longer responsible, you may need to share the responsibility for the accident. This is where the legal concept of comparative negligence comes in. We will discuss that shortly.
You did not follow protocol after the accident. Mistakes like failure to seek medical attention after an injury could jeopardize your claim. This explains why calling 911 is the first thing you need to do if injured. And if you do not have any life-threatening injuries, you should still visit a doctor immediately after the incident.
The statute of limitations has expired. Each personal injury case comes with a statute of limitations. It provides a deadline for taking legal action against the defendant in these cases.
Suppose you let the statute of limitations for your negligent security case expire; you may not be able to take legal action against the defendant, even if they are responsible for your injuries.
The dangerous condition was obvious. The insurance could deny liability if you got injured by an obvious hazard. This refers to the kind of hazard you should know or should have known about.
What Is the Statute of Limitations on Negligent Security in Waltham?
In Waltham and throughout Massachusetts, you have up to three years from the date of the injury to file a statute of limitations lawsuit. If you fail to file the lawsuit within three years, your case will be considered closed, and you will not have any legal grounds to sue the defendant, even if they are liable for your injuries.
What Type of Comparative Negligence Does Massachusetts Use?
Massachusetts uses the modified comparative negligence rule. This rule allows the plaintiff to recover damages as long as they are not 51 percent or more responsible for the accident.
Why Should I Hire an Attorney?
Negligent security cases are complex. As mentioned earlier, the other party will not hand you a blank check; they will fight back. Having an experienced attorney is one of the best ways to shield yourself from all the tactics insurance companies use to jeopardize valid claims.
In addition, these attorneys know how to approach such cases. They have a better understanding of the local courts in Waltham and how the entire state of Massachusetts protects you in these cases. For this reason, they can help you understand rights you never knew you had.
Suppose you have a valid claim, and the other party is willing to settle it. In that case, you need someone who truly understands the value of your case. A seasoned attorney can help negotiate a reasonable settlement on your behalf.
Lastly, if you suffer serious injuries, you will likely not have the time, energy, and resources to fight back. Remember, when you file a personal injury lawsuit, you bear the heavier burden of proof. This means that you are responsible for convincing the court that the defendant was liable for your injuries. This is a difficult thing to do, especially without an attorney.
The last thing you want is to juggle your medical appointments and court cases. If that happens, you will likely give up along the way and settle for any compensation to close the case and focus on recovery. That is what an attorney helps you avoid.
Injured Due to Negligent Security? Contact Morgan and Morgan
At Morgan and Morgan, we can fight for you or your loved one while you recover from your injuries. Insurance companies should not intimidate you into accepting lowball offers. You deserve reasonable compensation, and it all starts by filling out our free case evaluation form.