Buffalo Negligent Security Lawyers
Being injured by someone committing a violent crime is traumatic. Finding out that the crime could have been prevented had the property owner taken reasonable security measures is infuriating. The category this type of injury falls under is called negligent security.
If you’re reading this, you may have been injured because of negligent security. It’s quite possible you are still traumatized. You may be in pain. You may be under financial pressure because you’ve been out of work due to your injuries. You’re most likely looking for someone you can trust to help you with a negligent security claim.
At Andrews, Bernstein & Maranto, PLLC, we are here to help you with free legal advice. Contact our Buffalo negligent security lawyers as soon as possible for a free, no-obligation legal consultation.
Don’t worry about paying us upfront for the answers you need. Give us a call today.
This page will give you an overview of what is involved in a negligent security claim. First, you’ll see the common mistakes people make in Buffalo in their negligent security claims. Then, you’ll read a story that will cover other key aspects of your case. Make sure you read this page to the end to get the most out of the information.
Common Negligent Security Claim Mistakes
There are numerous mistakes that are commonly made by people with a negligent security claim. Being aware of them is your best protection against making the same errors and damaging your case.
Not Getting Medical Attention After a Negligent Security Injury
It may be hard to believe, but many people don’t seek medical attention after being injured in a negligent security incident. Sometimes, the adrenaline rush caused by the incident masks just how badly they’ve been injured. They don’t think they need to see a doctor until hours later, or even the next day, when the pain kicks in.
Other times, especially in the case of a violent assault, it’s possible that the injured or traumatized person is ashamed, somehow believing their injuries to be their own fault. This is not true.
No matter why people fail to seek medical treatment, it’s vital to make sure that you do not make this mistake. Going to the doctor will not only help you by providing diagnosis and treatment of your injuries, but also help protect your claim.
Going to the doctor will create an official record of your injuries and set them into a timeline that coincides with the negligent security incident. This will become important evidence to support your claim that the insurance company will have a difficult time denying. Don’t give them a chance to minimize your injuries or to suggest your injuries happened at another time, unrelated to the property involved in your claim. Get to the doctor for an examination as quickly as possible after a negligent security incident.
Failing to Follow Your Doctor’s Treatment Plan
After people do get to a doctor, too many of them make the mistake of forgetting to adhere to their treatment plan when they get home. This may involve making additional appointments with specialists. It may involve a series of physical therapy sessions, or counseling. Even not finishing a prescribed medication can diminish not only your recovery, but also your claim.
As with failure to seek medical care after a negligent security injury, not following the doctor’s treatment plan opens the door for the insurance company to try and lower the value of your claim. A lot of people don’t realize this, but it happens.
Don’t give the insurance company the chance to use your claim to try and save themselves money. Be diligent in following your doctor’s treatment plan for your negligent security injury.
Providing a Recorded Statement to the Insurance Provider
It’s standard procedure for the insurance company of the party responsible for your negligent security incident to call you, asking for a recorded statement. Don’t agree to it.
Insurance adjusters are trained to get vulnerable people to open up and talk about their injuries and the incident that caused them. They may sound like a sympathetic ear, but you must remember you are speaking to a representative whose job includes saving the insurance company money. They do this by recording you telling them about the incident. Then they set to work looking for any information they can spin to their advantage.
For example, take a phrase like, “Everybody knows that’s a bad part of town. It figures something like this would happen.”
Maybe you thought saying this would help prove you were robbed or assaulted. Maybe you weren’t trying to prove anything at all. Maybe you were just venting about your understandably traumatic experience.
What the insurance adjuster will likely “hear” in such a comment, however, is, “This is my fault. I should have known better than to park in that dark lot at that time of night.”
Forget the fact that you actually work in that building and have no other options for parking. Forget the fact that it’s still the property owner or manager’s job to provide adequate lighting, as well as things like security cameras or other means to ensure that people are safe while on their property.
Remembering that giving a recorded statement to the insurance company can only benefit them will help you avoid this costly mistake. It’s far better to let your Texas negligent security lawyers communicate with the insurance company for you.
Waiting Too Long to Contact a Lawyer
This is a common mistake that can devastate your claim.
Even if you think the state’s statute of limitations gives you plenty of time to get around to your claim, you must remember that evidence is not going to wait around for you to find it. The longer you wait, the less of it there will be.
This is also true with regard to contacting witnesses. The longer you wait, the less they are going to remember, and the more likely it is their contact information will change.
Give your case the best foundation possible by calling an experienced negligent security lawyer as soon as you can.
Not Choosing the Right Lawyer
This mistake has the power to destroy your case. It’s important to remember that not all lawyers are equally up to the task of handling your negligent security claim. They may be terrific in family law cases, or estate claims, or business law. But your lawyer should specialize in the practice area of personal injury law and have experience with negligent security claims.
To take it a step further, your lawyer should be a trial lawyer. It doesn’t matter that many personal injury cases get settled before going before a jury. If yours doesn’t, you don’t want your case in the hands of someone inexperienced or uncomfortable in a court room.
You deserve justice. Give your case the best chance at full and fair compensation by hiring a personal injury trial lawyer with a successful record of taking negligent security cases before a jury.
Negligent Security Client Story
The story that follows is intended to provide you with helpful information about your negligent security claim. The names and specifics in the case have been changed to protect the privacy of our clients. Please read the entire story to get the most benefit from the information. When you’re done, please take advantage of our free legal consultation to get answers for your specific case.
On a chilly Buffalo evening on Valentine’s Day a few years ago, Marcella Washington worked late to wrap up a project before leaving to meet her husband, Ray, for a Valentine’s Day dinner. They had made the reservation at their favorite restaurant off of Niagara Square a month before. For once, the couple had managed to coordinate their schedules for a three-day weekend, starting with Valentine’s Day dinner. Marcella was so excited.
She didn’t even mind the 7:30 p.m. reservation. The extra time at the office allowed her to meet her deadline early, so she wouldn’t think about the project over weekend.
Marcella made one last spin around her office, turned the light out and closed the door. Organized as always, everything was in place for a stress-free return to work on Monday. She had even packed ahead of time and put the suitcases in the trunk, so they could get on the road for the short drive to Niagara Falls right after dinner.
Since Marcella’s office was so close to the restaurant, she decided to leave the car and walk. After all, parking in the restaurant lot might be a headache tonight. Besides, Ray would be walking over too, since she dropped him off that morning so they wouldn’t have to return home to drop off his car before their trip. Carpooling was another perk of Marcella accepting the offer at the firm just down the street from Ray’s job.
Marcella went to the elevator just as she remembered she’d left Ray’s Valentine gift in the trunk with the suitcases. She turned and pushed through the side door into the dimly lit parking garage instead. She passed an empty security booth beside the door without paying attention to it. In the six months she’d been working in this building, she’d never seen a security guard anywhere, let alone in the parking garage.
As she walked down the ramp to her spot, she absent-mindedly noticed how odd it was that a gray car beside hers was backed into its space. Parking garages are such tight places, was it really worth the hassle of backing in to save yourself ten seconds not having to back out when you left?
She forgot all about the grey car when she saw that her trunk was open.
Did I leave that open all day? Did I hit the trunk release on the fob by accident?
She ran the last few steps to the trunk — empty.
Everything was gone.
As she reached for her phone to call Ray, Marcella was struck with a stunning blow that split her lip. She instinctively put her right hand out as she spun to the ground, shattering her wrist on impact.
Marcella rolled to her side, gasping. A shadow loomed, grabbing the strap of the new crossbody Coach purse Ray had given her as an early Valentine’s Day gift.
Spears of pain shot through her wrist as the assailant tugged on the strap, trying unsuccessfully to free her bag.
Marcella’s assailant gave up at the rumble of a car coming down the ramp from above. He dropped her to the ground in frustration, giving her a parting kick in the ribs.
Marcella heard the driver’s door slam on the gray car beside hers, then squealing tires followed by the screech of brakes as it cut in front of the approaching car and sped away.
A couple jumped from the stopped car and ran toward her.
Marcella spent the night in the hospital instead of the hotel.
Early the next afternoon, Ray pulled up and gently helped Marcella into his car when the nurse rolled her out in a wheelchair. Marcella had insisted she could walk, but the nurse had said the wheelchair was a mandatory dismissal procedure.
As the couple headed out of town for their belated weekend, they headed over to our office.
The couple that found Marcella managed to get her assailant’s license plate as he sped away. He was arrested two hours after the crime with the Washingtons’ belongings still in the car. He confessed immediately. They wouldn’t be getting their belongings back until the police were certain the case was set and they could release them, but this didn’t concern them.
Their focus was on getting answers about filing a negligent security claim on Marcella’s behalf.
When Ray called that morning, he told us they needed three questions answered. They wanted to know how much it would cost to hire us, how much Marcella’s case was worth, and how long it might take.
How Much Does It Cost To Hire a Lawyer?
As the couple sat down, Ray got right to it.
“So how much would it cost to hire you?”
Our lawyer explained that it would not cost anything upfront.
“Our firm works on a contingency model, so we fund the entire case, covering all costs. When it wraps up, we only get paid when we resolve your case successfully.”
Marcella and Ray were satisfied with that.
How Much is My Case Worth?
Marcella then asked, “How much is a case like this worth?”
We told her that it’s difficult to say in the beginning, because first we’d need to conduct an investigation, gathering evidence and speaking to witnesses.
“We can start right away, building a strong foundation for your case as if it’s going to trial, but there’s a second factor involved in determining the value of your case.
“We’ll need to know your damages. To be able to understand what they are, you’ll need to reach maximum medical improvement.
“This means recovering to the point that your doctors consider you ‘back to normal,’ or else as close as you’re able, given the nature of your injuries.
“Reaching maximum medical improvement will also mean you’re done with surgeries and we have a clear picture of what any future medical treatment will involve for the injuries you’ve sustained.
“This is the point at which we’ll be able to assess accurately your economic and non-economic damages. Then, we’ll be able to tell you the value of your case.
“All of this means that your job, Marcella, is to focus on recovering.”
Marcella nodded, but her shoulders drooped as she sighed heavily. She winced as her cracked rib made a protest of its own.
How Long Will My Case Take?
“How long will the case take?” she asked, eyes squeezed against the pain. Ray gently put his arm around her shoulder.
“That, too, can’t be answered until we know your damages.
“The first thing that will determine the length of your case is how long it will take you to reach maximum medical improvement. You can help your recovery stay on track by closely following your doctor’s orders.
“Once we know your damages, we’ll send a demand letter to the insurance companies involved. The second determining factor for your claim’s timeline will be how reasonably they respond. If they are willing to work toward an acceptable settlement, your case will proceed quickly from there.
“If the insurance company isn’t reasonable, we’ll take them to court,” the lawyer added.
Marcella’s eyes grew wide as she looked from the attorney to her husband.
“Ray, I haven’t even been at the firm for a year. I can’t drag them to court!”
Our attorney held up a calming hand.
“Don’t worry, Marcella, we know the garage this happened in. Your firm is only leasing space in the attached building, they don’t own or even manage the building or the garage.
“Your claim is going to be with the building’s owners’ insurance, and/or the building manager’s insurance. If they contracted out to someone else to manage the parking garage, that company’s insurance will be involved as well. We’ll take care of finding out any and all responsible parties to include in your claim.
“All communications will be between lawyers and insurance companies. You will most likely never see the building owners or management company.
“We also want you both to know that, whether your case settles or goes before a jury, we’ll be ready. The insurance companies know us, and the very fact that we have a solid track record at trial may prevent your case from having to go to court.
“Many insurance companies settle when they find out they are up against a firm of trial lawyers with a track record like ours. That’s why it’s important to hire a personal injury trial attorney who has won negligent security cases in the courtroom.”
Marcella and Ray retained us before driving off to spend the next ten days resting at the Falls. We are happy to say that we got Marcella nine times more than the amount the insurance companies initially offered.
Call Our Buffalo Negligent Security Lawyers Today
We hope the information on this page has given you a good idea of some of the aspects involved in your negligent security claim. It’s important to remember that each case is unique. Please take advantage of our offer for free legal advice and schedule your no-obligation consultation as soon as possible. Remember, you don’t have to figure this out alone. Call us today.