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As long as the negligent party’s attorney or insurance company cooperates by giving you the compensation you are entitled to, your premises liability case will be settled out of court.
Most personal injury cases, including premises liability, settle outside of court because it is often faster and easier than arguing a case at trial. As affirmed by a study published in The Journal of American Judges Association, roughly 97% of all civil cases settle out of court.
Your attorney may evaluate your expenses ahead of filing a claim for compensation to give you a better idea of what you should get from a settlement. Usually, insurance companies and negligent parties will take the settlement.
However, when insurance companies do not want to pay out the compensation you need and are entitled to collect for the expenses related to your injuries, your attorney might suggest taking your case to trial.
The Pros of Settling Out of Court
When you are recovering from an injury, you may want to settle easily and reduce your stress levels as much as possible.
If the negligent party and their lawyer or insurance company cooperate by giving you a fair settlement amount outside of court, you can put the stress of wondering how you will cover the costs behind you. This way, you can focus on recovering from your injury.
An attorney may also be able to negotiate a fair settlement while you are recovering. Settlements are often more hands-off than going to trial for an injury victim.
Settlements also require less attorney’s fees. A premises liability lawyer may work on a contingency fee basis, which means they do not take their cut until they win you a settlement out of court or a judgment at trial. However, the additional fees when you take a case to trial – which you can avoid by settling with the negligent party – might cut down the amount you take home.
One of the bigger advantages of settling out of court is the time it takes. Once a hazard on someone else’s property injures you, you can file a claim for compensation and settle out of court within months or even weeks. However, the court sets a trial date, which means the timeline to get compensation is entirely out of your hands.
The Cons of Settling Out of Court
The disadvantages of settling outside of court have to do with the settlement amount you might receive. While settling out of court is easier, more predictable, and faster, you might get more out of a judgment from a jury or judge at trial.
The trial might also result in punitive damages, which punish the negligent party if they were especially egregious. This type of compensation depends on what happened in the accident, the types of injuries you or a loved one suffered, and the effects the accident and injuries had on your life.
For example, if the negligent party knew they had an unsafe swimming pool and did nothing to fix it, they put all invited guests over to swim in danger. If one of the guests severely injured themselves to the point that they received permanent disabilities or died, the jury might award the plaintiff punitive damages.
You may speak with a law firm representative about the pros and cons of settling outside of court, along with your other legal options and what you may expect from a settlement.
Call Us Today for a Free Case Evaluation
If a hazard on someone else’s property injured you, you might be entitled to compensation for expenses relating to the injury, such as:
- Past and future medical bills
- Transportation costs
- Past and future lost wages
- Loss of enjoyment of life
- Pain and suffering
- Mental anguish
- Loss of consortium
- Funeral and burial bills (in wrongful death cases)
This is not an exhaustive list of the types of compensation you might be able to recover. A team member of George Sink, P.A. Injury Lawyers can give you a better idea of what to expect.
Call a member of our team today or fill out our online form to set up a free consultation. A representative from George Sink, P.A. Injury Lawyers might be able to tell you whether your premises liability case will be settled out of court.