Most premises liability cases don’t go to court. Even if a lawsuit is filed, most settlements are reached before a trial. The decision as to whether or not a case should go to court will depend on several factors.
Factors to Consider When Settling a Premises Liability Case
There are a few drawbacks when it comes to court cases. They can be lengthy, cause things to drag on for several months or even years. And they can be costly, especially the longer it takes to litigate.
Sometimes a trial can put more money in the pocket of the injured person. But at the same time, there is also the chance that a court would find in favor of a property owner with no compensation recovery.
It would be important to discuss with an attorney these and other advantages/disadvantages of taking the case to trial; for instance, the person’s chances of recovering compensation at trial.
It’s also critical to evaluate the strengths and weaknesses of a case. Premises liability cases can be challenging to prove. It must be demonstrated a property owner caused or knew of a hazardous condition, and there must be evidence that shows an accident was foreseeable.
Another consideration is the timeframe between when the danger existed and when the person was injured. It might have been that not enough time was given for the property owner to repair and/or correct the situation.
Other challenges can include proving that a person had the right to be on the property. Sometimes an owner will argue that the person was a trespasser when injured. These are just some of the questions that can arise in a premises liability claim or lawsuit.
Settling a Premises Liability Claim with the Help of an Attorney
It’s generally beneficial to have the help of an attorney when someone has been seriously injured on another person’s property. Unique challenges can be faced, and an attorney can help handle the process of negotiating a settlement.
Most often the desired outcome is to settle a case before it becomes a court case and winds up in litigation. But that process can be confusing and stressful. It can be difficult to know if an amount being offered is fair, and an attorney can help.
There are a few things that need to be considered when deciding whether or not to accept the insurance company’s offer. First consider the medical expenses that have been incurred. Not only should the initial bills be addressed, but also consider any future expenses if additional treatment is required.
Another consideration is if the injured person missed any time from work. It would be important to address the earnings that he/she was without while healing and recovering. And of course, there could be other damages available that address pain and suffering, disability, and more.
Contact D.J. Banovitz to learn if a premises liability case is viable. He can also explain some of the pros and cons of the case and the chances of settling it before it becomes a court case in litigation.