My Premises Liability Case Is Hard To Win. Should I Go For A Settlement?

If you or somebody you care about has sustained an injury due to the negligence of a property owner, you should be entitled to compensation for your losses. However, these cases can become incredibly complicated. Most personal injury and premises liability cases are resolved in a settlement before they go to trial. There are various reasons that this is the case, and the Philadelphia premises liability attorneys at the Dan Doyle Law Group want to discuss why settlement may make sense for your situation.

When does a settlement make sense?

The truth is that most personal injury cases, including those involving some sort of premises liability issues, are settled out of court. In many instances, these cases may be settled between the injured person and the insurance carrier of the alleged at-fault party. However, if the at-fault party’s insurance carrier refuses a fair settlement or denies a claim, it may be necessary to file a personal injury lawsuit to recover compensation.

We should stop here and say that the earlier you involve a Philadelphia premises liability attorney, the better. An attorney will offer a free consultation of your case and help give you an understanding of what you can expect. A skilled attorney will also have the experience and resources necessary to properly investigate the incident to bolster your case for maximum compensation.

Even when a lawsuit is filed, the case will usually be settled before it reaches a trial. However, there may be a few reasons why settling may be the best thing to do.

  • You were partially responsible: One of the main reasons an injury victim may wish to settle a claim is if there is evidence or even suspicion, that they were partially responsible for the incident. While it is possible for injury victims to recover compensation even if they are partially at fault (through Pennsylvania’s comparative negligence rule), this can reduce the total amount of compensation awarded. Taking a case like this to trial may result in the jury ruling in favour of the defendant. A settlement in this instance may yield a better result.
  • Insurance policy limits and assets of the other party: Most premises liability claims are settled through insurance carriers. However, the insurance carrier will only settle up to the limits of the policy. If an insurance carrier has already offered a settlement at their maximum policy limits, and the at-fault party likely does not have resources to pay any additional compensation, then a settlement may be the best option here.
  • The evidence is not very good: It may be the case that there is limited evidence to prove the property owner’s negligence. This does not mean did they were not responsible; it just means that it may be harder to prove to a jury. Securing a settlement in this situation may yield a higher compensation than a trial would.

Let us get to work on your case

If you are somebody you care about have been injured due to the negligence of a property owner or operator, contact an attorney immediately. At the Dan Doyle Law Group, we are going to investigate every aspect of your case in order to secure the compensation you need. This could include:

  • Coverage of any medical bills related to the injury
  • Compensation for lost income if you cannot work
  • Loss of enjoyment of life damages
  • Mental anguish damages
  • Possible punitive damages against the property owner or operator

When you need a Philadelphia premises liability lawyer, you can contact us by clicking here or calling 215-987-3730 for a free consultation of your case.