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Depending on how and why you were injured, you could be entitled to compensation by holding a homeowners’ association liable for negligent security. To determine your ability to recover damages, you have to identify negligence on the part of the homeowners’ association (HOA). Doing so on your own can be difficult. A Rutherfordton personal injury lawyer can help you understand your rights and the HOA’s responsibilities.
If a law firm accepts your case, their team members will investigate your accident and injuries, speak with witnesses, and consult relevant experts. Your legal team will also handle the insurance company and the settlement negotiation process while you focus on getting better. Most will start with a free review of your case and will represent you on a contingency fee basis.
What Is Negligent Security?
Negligent security is a type of premises liability claim. If you pursue an at-fault party for an injury due to negligent security, a personal injury lawyer can represent you. Types of property-related issues that constitute negligent security can include:
- Slick or slippery stairs and stairwells
- Un-shoveled or untreated walkways
- Insufficient interior or exterior lighting
- Broken or inadequate security cameras
- Broken doors, gates, or other entryways
If you believe a negligent security or premises liability issue caused your injury or the injury of a loved one, consider hiring a local attorney to help you recover appropriate monetary damages.
When Is a Homeowners’ Association Liable for Negligent Security?
HOAs have a duty to protect the safety of their residents and guests. South Carolina HOAs and North Carolina HOAs each have laws and regulations governing their actions and responsibilities.
If you or a loved one was injured on HOA property, you could be entitled to compensation for the following types of accidents:
- Car accidents
- Pedestrian accidents
- Physical assault
- Property damage
- Slip and fall
When a law firm represents you, a team member will review the details of your accident and resulting injuries. A personal injury attorney will determine the merits of your case and explain the steps they will take to recover damages on your behalf.
Damages You Can Seek From a Homeowners’ Association for Negligent Security
Determining the monetary value of your negligent security case can be more complicated than you think. In most cases, you can recover three types of damages. Punitive damages are rare. A law firm with familiarity with cases like yours will create a detailed list of the economic and non-economic damages you are entitled to recover.
They can include:
- Medical bills
- Lost income
- Property damage
- Household services
- Pain and suffering
- Mental and emotional trauma
- Diminished quality of life
The lawyer handling your case will carefully assess your recoverable damages. Their review of your case can help you avoid inadvertently overlooking or omitting valid forms of compensation.
Consider Hiring a Negligent Security Lawyer Sooner Rather Than Later
Every type of civil lawsuit has a filing deadline. The state where your accident took place will determine the statute of limitations for filing your personal injury lawsuit. It can be hard to understand and comply with the filing deadline since it can change based on a number of factors, including:
- The outcome of the accident
- The age of the injury victim
- The at-fault party’s actions
Your attorney will explain the statute of limitations and how it applies to your case. They will also explain the importance of getting legal guidance and support right from the start and of filing your lawsuit on time.
Personal Injury Lawyer Near Me 828.286.3866
Your Lawyer Will Document the Homeowners’ Association’s Negligent Security
You do not have to deal with the multiple complexities of building a compelling case for negligent security. Recovering damages if negligent security caused your injuries means collecting evidence of the HOA’s financial liability. Your lawyer will:
- Communicate with the HOA and their insurance provider
- Interview eyewitnesses while their memories are vivid
- Document the date, time, and site of your accident
- Collect medical evidence about the accident’s cause
- Compile bills and receipts detailing your financial damages
Your lawyer will also negotiate an insurance settlement. They will field settlement offers, make appropriate counteroffers, and fight for the best possible outcome for you and your family.
What You Need to Know About Negligence in Negligence Security Cases
You could attempt to handle your case on your own and sue for damages without a lawyer. There are benefits, though, to working with a lawyer, including proving the homeowners’ association’s negligent actions. Your evidence collection will prove the following elements of negligence:
- Duty of care
- Breach of duty
- Causation
- Damages
A lawyer will understand the type of evidence your case requires. They may also be able to access records, reports, and documents you might struggle to obtain on your own.
Evidence Your Legal Team Will Compile for Your HOA Negligent Security Case
Negligent security cases require proof of the property owner’s negligence. Your legal team will handle this for you. The evidence your lawyer will collect can include:
- Lay and expert witness statements
- Official records and reports
- Medical records and bills
- Photos of the accident scene
- Proof of the value of your lost wages
- Security and surveillance camera footage
Your lawyer will not ask you or your family to gather evidence. Instead, they will collect all the evidence you need and present it to the HOA and their insurance provider in an organized and timely manner.
Get Help With Your Homeowners’ Associations Negligent Security Case
If you or a loved one was injured on HOA property, our legal team can help you determine whether the homeowners’ association is liable for negligent security. We will investigate your accident and deal with the insurance company for you.
Learn more about your rights as the injured party and your ability to pursue financial recovery. Get started by contacting our consultation team at Farmer & Morris Law, PLLC today.
