Legal Funding For Plaintiffs
TriMark Legal Funding has been a trusted provider of top-rate premises liability lawsuit funding nationwide. Pre settlement and post settlement lawsuit funding is a fast and affordable solution to the financial challenges experienced by plaintiffs as their cases drag on for years.
In simple terms, premises liability assumes that the owner or occupant, e.g. a renter, is responsible for keeping their property relatively safe for guests. If you filed or are about to file a claim for personal injury suffered due to this type of negligence, you may be jumping through expensive hoops. This is where premises liability lawsuit funding can come through.
Usually, victims wait until their hospitalization and recovery are over to determine the full value of their settlement. That translates to accumulating medical bills, and, for one in four Americans, debt.
You can have your back against the wall in your fight to get the compensation you deserve.
But there’s a way to mitigate the risks in this battle, especially when it comes to finances. Premises liability lawsuit funding can help take care of your current needs by advancing your settlement money. This common type of legal financing comes to the rescue of tens of thousands of plaintiffs, some of whom may be close to reaching their breaking point.
Find out if this solution is the right fit for you. Apply now, or call us at 1-(877) 932-2628 to have one of our premises liability lawsuit funding experts walk you through the application process.
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Premises Liability Pre Settlement Funding and Premises Liability Lawsuit Loans
Premises liability lawsuit funding places value on your settlement now and then converts a portion of it to cash, which you can use to meet urgent needs.
For premises liability cases resulting in personal injuries, funding can range from $10,000 up to $500,000. You can receive your requested amount in as little as 24 hours from the time of approval.
The concept of premises liability lawsuit funding is upfront, risk-free, and plaintiff-friendly. While it is sometimes called a lawsuit loan, it works differently from a conventional loan. It avoids adding financial stress to the recipient by making monthly payments unnecessary. You’re expected to pay back the advance only when your settlement is paid out.
Going through application to approval is also a breeze. You can get the ball rolling just by filling out an online form or calling to speak with a company representative.
Because providers like TriMark can take only your future settlement money as collateral, qualifying for premises liability lawsuit funding is easy; we don’t ask for your credit score, income proof, and employment history. Your agreement with us is considered a non-recourse obligation.
If your case is taking forever to settle, premises liability lawsuit funding is probably your best bet.
Talk to us at 1-(877) 932-2628 if you have comments or questions, and ask for a quote to see if there’s a match.
Common Types of Premises Liability Cases
Premises liability lawsuits involve a staggering array of personal injury lawsuits. Here are some of the most common cases:
Commercial and Retail Property Liability
Retail stores have a duty of care to keep the premises reasonably safe for customers. This includes eliminating hazards or knowing about dangerous conditions and removing them accordingly. For example, retailers should act on water or any wet merchandise spilled on the floor to prevent slip-and-fall accidents.
Construction Site Accidents
Construction workers face danger in their workplace every day. Some experience disability or death due to falls, impact from a heavy object or equipment, electrocution, and getting caught in machines. Scaffolding and excavations also pose a hazard to their safety and health.
Dog Bites, Attacks, and Maulings
All states require dog owners, and pet owners in general, to uphold a standard of care on their property. This includes being held liable for the injuries and damage caused by their pets’ actions, such as dog bites.
However, some states follow “the one free bite rule,” which states that a dog owner should have a reason to know the dog might bite for them to be legally responsible for a dog bite.
Slip & Fall Accidents
Slipping on a wet floor, tumbling down a defective staircase, or tripping on uneven ground are some of the most common causes of slip-and-fall accidents each year. Your visitor may slip and fall on your property, and you may be blamed for their injuries. If they prove your negligence, you will have to settle or pay for the damages caused.
In most states, the condition of the property and the actions of both the owner/occupant and the visitor can affect the court’s decision regarding damage recovery. The visitor’s status is another variable (licensee, invitee, and trespasser).
Homeowner Liability Accidents
As a homeowner, you should routinely check for conditions that might endanger yourself and others. If someone enters your home as an invitee or licensee, you can be held liable for the injuries they may sustain on your property. This duty of care may or may not be extended to a trespasser.
Animal attacks, burns, crush injuries, drowning, electrocutions, nursing home negligence and abuse, permanent disabilities, and even death are more examples of cases that coincide with a premises liability lawsuit.
An Explanation of Premises Liability Law
The premises liability law presumes a duty of care exercised by any person in possession of land or premises. Those “in possession of land or premises” are not limited to owners. Property managers, tenants, vendors, and event organizers can fall under this category.
For instance, a vendor renting a commercial space is considered in possession of the property. He or she is expected to keep the premises reasonably safe. When an accident, injury, or any other acceptable form of danger happens to someone else on the property, he or she subject to potential premises liability claims.
Meanwhile, that “someone else” traditionally has to fall within any of three categories: licensee, invitee, and trespasser.
- Licensee: A person who enters and stays on the premises for any purpose, except business or commercial. Permission from the owner or occupier is express or implied. While they may be invited to the property, a social guest is a licensee under the law.
- Invitee: A person invited to the premises for a mutually beneficial purpose, such as commercial or business. Permission from the premises holder is also express or implied. Customers and contractors belong to this group.
The property owner or occupant owes the highest duty of care to both types.
- Trespasser: A person who enters the property without the landowner’s knowledge or consent. Their presence on the land or premises is for their own purpose.
Decades ago, trespassers were not entitled to damages under the premises liability law. But a California Supreme Court opinion on Rowland v. Christian, 69 Cal.2d 108 (1968) abolished the significance of the three distinctions in determining the liability of a premises holder for the harm caused. This opinion influenced how other states developed their law of premises liability.
Still, many states enforce no kind of damage recovery for trespassers who are injured on the property but do not have any right to be there. Child trespassers are usually an exception to this rule and are given a higher duty of care.
Also, in the likelihood of trespassers entering the premises, it is within the duty of the property owners or occupiers to provide reasonable warnings against non-obvious dangers.
Premises Liability Lawsuits
A property owner or occupant can be held liable for the accident or injury suffered by a licensee, invitee, and in some cases, trespasser on their property. It is their duty to warn visitors of any kind, within a standard of reasonableness, about the danger of activity on their land or premises.
Many premises liability lawsuits involve personal injury claims due to the inevitable link to personal injury and differences in state laws, rules, and regulations.
As the plaintiff, you have to prove that the actions, inactions, or negligence of the premises holder caused serious harm, injury, or death to another person or persons.
Most states follow the doctrine of comparative fault, which can be further classified as pure and modified.
In pure comparative fault, your compensation is reduced based on your share of negligence. Let’s say your claim amounted to $100,000. Your case went to trial, and the court found you 20% liable for your injuries. You’re now entitled to receive $80,000 in compensation. This principle applies even when the plaintiff is 99% at fault.
Many states exercise modified comparative fault, which allows recovery if the plaintiff is 49% or less at fault (50% bar rule) or bars recovery if the plaintiff is 50% or more at fault.
Another negligence doctrine, called contributory negligence, still exists in five states. This defense does not grant any compensation to the plaintiff as long as they have a share of blame or liability in the harm suffered, regardless of its proportion. While this rule is harsh to plaintiffs, it’s deemed favorable by insurance companies.
Background on Premises Liability and Personal Injury
This area of law involves business and commercial properties. But the impact can extend to residential properties, such as the expansion of liability to landlords in these intruder attacks on tenants.
Retail and recreational property owners should also be aware of what the law expects of them. A 2004 article reported that 1,000 customer injuries occurred in Wal-Mart stores every day. Slipping on water or merchandise spilled on the floor and getting hit by falling merchandise were two of the common reasons for the injuries.
Back in the 1990s, premises liability was the kind of case that was preferable to avoid. According to the Defense Research Institute, the plaintiffs were more likely to win in industrial property injury cases. But a nationwide survey of jury cases found the reverse was happening in 2000, with median compensatory awards having risen steadily since 1994.
Consider, too, that many cases get settled before going to trial.
Condition of the Property and Actions of the Parties
Courts in some states concentrate on the state of the property and the actions of both the visitor and the owner. Generally, owners and occupants have a duty to keep the property reasonably safe for all kinds of visitors other than trespassers.
In determining the duty, a standard of reasonableness is applied. Thus, reasonable care depends on factors like:
- the circumstances under which the visitor came on the property;
- the nature of the property;
- the reasonableness of the owner or occupant’s actions toward a dangerous condition (making repairs or giving warning to visitors); and
- the ability to predict injuries are considered.
The primary responsibilities that fall on the shoulders of the premise holders under the duty of care are as follows:
- regular inspections of the property to find out the presence of dangerous conditions; and
- make repairs and put warnings accordingly to prevent lawful visitors from injury.