Nashville’s crime statistics paint an unsavory picture. The chance of becoming the victim of a violent crime is 1 in 86. The chance of becoming the victim of a property crime is a whopping 1 in 25. Does living in a high-crime city mean you have no recourse if you’ve been attacked or robbed? Absolutely not. If you were the victim of a crime on someone else’s property, it’s possible that you have a negligent security case on your hands.
The best way to find out if you have a case is to contact a negligent security lawyer.
In the event that you do have a case, you won’t want to fight it alone. Read on to learn five things a negligent security lawyer can do for you.
1. Establishing the Legitimacy of Your Case
Being the victim of a crime isn’t grounds enough to file a negligent security claim. You have to establish that several factors were in play simultaneously. These factors include:
- that the crime (or accident) occurred while you were legally on the defendant’s property
- that the defendant had the duty of reasonable care to keep you safe
- that the defendant failed to meet this duty of reasonable care by providing inadequate security measures
- that the crime or accident was foreseeable
- that the crime or accident resulted in serious injuries and other damages
- that these injuries and damages were the results of negligent security
- that you are now suffering physically, financially, and/or emotionally because of the injuries and damages
As you can see, it takes a lot to establish a solid legal argument for a negligent security lawsuit. A strong understanding of Tennessee’s negligent security laws and court precedents will strengthen your case, and that’s what an experienced negligent security lawyer will bring to the table.
2. Compiling the Right Evidence
In order to build your case, you’re going to need to compile quite a bit of evidence. A negligent security attorney can help you to gather everything available to you in order to prove the facts.
First, you will need evidence of the incident, itself. This can include any photos or videos you took of the scene of the incident, as well as a police report and any witness statements you are able to collect.
Next, you will need evidence of all injuries and damages you’ve sustained as a result of the incident. This will include medical records, police documentation of any stolen property, and other relevant information like damage to your car.
Finally, you will need evidence of the long-term impact that this incident has caused, particularly any financial setbacks you are now facing. This can include medical bills, lost income, and more.
3. Proving the Foreseeability Element
It’s always difficult to prove that negligence was the cause of an injury or accident. This is particularly tricky in a negligent security case when you must establish that the incident was foreseeable and that the property owner chose not to take the proper steps to prevent it from happening.
It’s not enough to prove that a property owner didn’t provide adequate lighting on their property or install security cameras or hire security guards. While these are all examples of negligent security, you must also establish that the property owner had reason to take these steps in order to protect patrons, visitors, and/or employees.
Let’s take a look at a few examples of what foreseeability can look like. A property owner could have reasonably foreseen a crime or accident occurring on their property if:
- they received violent threats from patrons, visitors, or employees
- they were aware of one or more crimes that had already occurred on the property
- they failed to run background checks (or ignored criminal records that background checks revealed) when screening employees or tenants
The average plaintiff would not know how to access this kind of information. An experienced negligent security lawyer would know what records to pull, what officials to talk to, and how to present this information in a legal manner.
4. Negotiating With the Defendant’s Legal Team
A common misconception is that when you file a negligent security claim, the defendant is the owner of the property where the incident occurred. While this isn’t completely inaccurate, it’s more accurate to say that the defendant is the property owner’s insurance company. Assuming the property was insured, it is the insurance company’s money that is on the line.
Insurance companies have ample resources to hire the best defense lawyers they can find. Many have lawyers on retainer for cases like these. Insurance company lawyers work hard to undermine the evidence and put as much blame on the plaintiff as possible in order to pay out as little as possible.
How can you make sure that you enter negotiations on an even playing field? Hire legal representation of your own. In addition to a working knowledge of the law, negligent security lawyers know what to expect from insurance company lawyers and how to counteract it.
5. Allowing You to Focus on Recovery
It’s important to keep an eye on the clock if you’re considering filing a negligent security lawsuit. In the state of Tennessee, you only have one year to file any kind of personal injury claim. That means that from the moment the crime or accident occurs, you have one calendar year to get your case started.
Chances are, you’re focused on physical, emotional, and financial recovery after the crime or accident. The last thing you have is extra time to put together a strong case and reach a negligent security settlement. By hiring a lawyer, you can expect a lot of the heavy lifting to be done for you while you prioritize recovery.
Hire a Nashville Negligent Security Lawyer Today
On most counts, Nashville is a great place to live. We’ve got great music, great food, and incredible culture. The only problem is that we also deal with a good amount of crime.
If you’ve been the victim of negligent security, it’s time to talk to a negligent security lawyer. Contact us to get started on a case evaluation today.
Posted in: Security Law