Negligent security is a common problem that people encounter. Generally, when a person moves into new premises or visits a place for business or pleasure, they expect their lives and property to be safe. However, this is not always the case, as the carelessness of property owners often results in harm to a lawful visitor or tenant.
Under negligent security law, there’s an assumption that the crime committed against the visitor or tenant could have been prevented if the property owner had used the appropriate security measures. As such, the law allows for not only criminal charges but for civil redress. In addition, it means that victims of negligent security can request compensation from the property owner or an at-fault third party.
This article looks at how much a negligent security claim is worth in Atlanta. For a piece of more in-depth information on the value of a claim, contact an Atlanta negligent security lawyer at Bethune Law Firm. We also offer excellent legal advice and representation.
What Is the Value of a Negligent Security Claim?
One question victims always ask when they consult an attorney is how much they will get as compensation. Usually, they expect the lawyer to give them a fixed sum, but it doesn’t always work that way. The first thing to note is that no two cases are the same. As such, there is no fixed settlement sum.
Also, several factors affect the amount you might receive as compensation. This explains why some people get only thousands of dollars while others receive hundreds of thousands. Below, our Atlanta negligent security attorneys discuss factors that affect claims of this nature.
The Severity of the Injury and Treatment Required
When it comes to personal injury claims, the severity of the injury suffered is crucial in deciding the compensation sum. This is why a person with minor injuries gets less money than someone with severe wounds. Similarly, a person whose injuries would affect their quality of life, leave them disabled and in need of constant medical care gets higher settlements.
For example, in negligent security cases, a violent sexual assault victim would likely require medical care, psychological treatment for anxiety or post-traumatic stress disorder, and anti-anxiety medication, among others. All these costs money and would significantly affect the victim’s compensation.
The type and severity of the incident also affect the compensation sum. For instance, carjackings, assaults, sexual assaults, and robberies would all have different settlement amounts. Hence, a person who suffers a verbal assault due to a lack of security will get less money than the person who suffered a physical assault.
Whether the Injury Kept You From Working
Generally, loss of income is one of the compensation a person gets in a personal injury claim. However, the duration you stay away from work affects the total compensation sum. Simply put, a person who stays away from work for weeks would not get as much as someone whose injury keeps them from working for months. In addition, if the injury leads to a disability that keeps the victim from working for the rest of their life, then loss of earning capacity would affect the settlement amount.
Whether You Played a Role in the Incident
If you played a role in the incident, it significantly affects your compensation sum. It means that the property owner will not be solely responsible for your injury. Let’s look at a typical scenario. Suppose you were drinking in a bar and an intoxicated person punches you in the face.
Instead of walking away, you fight back and suffer a traumatic brain injury or several broken ribs. Here, the fight occurred and was not stopped due to a lack of security personnel. While you can hold the bar liable for your injuries, they can dispute that you played a part in the incident.
As such, the Georgia comparative negligence rule comes into play. The rule limits your compensation to the percentage of your fault. So, suppose you shared 20% liability in the incident. You will only take 80% of the settlement awarded. Note that your fault must be less than 50% for you to receive compensation.
Whether the Area Was Known for Crime
If an area is known for a particular type of crime and property owners fail to improve security, the court would award punitive damages to the victim. Punitive damages significantly increase your settlement and serve as a warning to other property owners.
Contact Bethune Law Firm Today!
Our Atlanta negligent security lawyers have the legal knowledge and experience to get you maximum compensation for your injuries. Contact us today for a free case review.