A slip-and-fall accident can happen in an instant but leave you dealing with injuries and expenses for months or even years later.
You may have a claim for premises liability if you are injured on someone else’s property because of their negligence.
But how much is your case actually worth? And what steps can you take to maximize the compensation you receive?
Here’s what you need to know about premises liability settlements.
What is Premises Liability?
Premises liability refers to a property owner’s duty to keep their property reasonably safe for visitors. Stores, restaurants, hotels, apartments, offices, parks, and more can all be held liable if dangerous conditions like wet floors, poor lighting, defective stairs, or inadequate security lead to injuries. A
personal injury lawsuit may give victims the right to compensation.
Proving the property owner’s negligence and your resulting damages are key to a successful claim. An experienced West Virginia premises liability attorney can help determine if you have a case and fight for full compensation.
What Impacts Your Settlement Amount?
Settlement amounts in premises liability cases vary substantially based on the circumstances. Factors that typically increase settlement value include:
- Severe or permanent injuries like broken bones, head trauma, back injuries, scarring, or disability. The more serious your injuries are, the greater their potential for harm.
- High medical bills. Ongoing treatment, therapy, and assistive devices can add up quickly.
- Lost income. Both missed work time and reduced earning capacity must be considered.
- Strong evidence of negligence. Clear proof the property owner failed to address known dangers or follow safety codes boosts case value.
- Prior incidents. If previous falls occurred due to the same hazard, it shows negligence.
- Sympathetic victim. Jurors tend to award higher damages to children, seniors, and people with disabilities.
- Hiring an experienced personal injury attorney. A seasoned personal injury lawyer makes a major impact on settlement amounts.
Settlement amounts can vary widely based on the specific circumstances of each premises liability case. While no amount of money can undo serious injuries, obtaining fair compensation is crucial.
Your personal injury lawyer will evaluate all the above factors to develop a negotiation strategy aimed at securing the maximum settlement.
Should You Settle Your Personal Injury Claim or Go to Trial?
Many premises liability claims are settled out of court through negotiations between the attorneys. Settlements avoid the risk and stress of a trial. But sometimes, cases do end up in front of a jury when the parties cannot agree on a fair amount.
The decision depends on the circumstances of your situation. An experienced premise liability attorney can provide guidance on the best route for maximizing your recovery.
How to Get the Most Out of Your Claim
Don’t leave money on the table. Take these proactive steps to maximize your recovery:
Step 1: Act Quickly to Preserve Evidence
Take photos and videos of the accident scene, measurements, and your injuries. Save relevant texts, emails, voicemails, social media posts, and any communication with the property owner. Obtain names of witnesses. This evidence can disappear fast, so act quickly.
Step 2: Get Prompt Medical Attention
See a doctor immediately, even if you feel fine. Injuries like concussions or soft tissue damage can take days or weeks to manifest. Gaps in treatment can reduce your claim’s value. Fully document all diagnoses, treatments, medications, limitations, therapy, equipment, and prognosis.
Step 3: Retain an Experienced Attorney
A premise liability lawyer ensures a level playing field with insurance companies. Legal knowledge and negotiating skills can often help you obtain a more favorable settlement compared to negotiating on your own. Representation also gives you leverage in court if a trial becomes necessary.
Step 4: Wait Until You Reach Maximum Medical Improvement
Settling too early locks you into compensation based only on injuries and costs incurred so far. Wait until your treatment concludes so your settlement reflects the full extent of your damages.
Step 5: Consider Adding Defendants
Talk to your lawyer about including any contractors, maintenance companies, or inspectors whose negligence may have contributed to your accident.
Step 6: Understand What Jurors Are Likely to Award
Review verdicts and settlements in similar cases so you can gauge the potential value of your claim. Being realistic in your expectations can facilitate fair negotiations.
Step 7: Be Realistic About Settlement Timeframes
It typically takes at least several months to receive a fair settlement or award. Complex cases can take a year or more. Understanding the process helps avoid rushing into a low offer.
Step 8: Contact a Premise Liability Attorney Today!
Suffering an injury can be scary and stressful. The experienced West Virginia personal injury lawyers at Miley Legal are here to help.
Call their team today to discuss your potential claim and legal options. With personalized guidance, they can help you obtain the maximum compensation you deserve.
