The majority of civil lawsuits are resolved through settlement negotiation. A small portion of all civil lawsuits go to trial. Premises liability cases are complex, and the facts of the case will determine whether or not it settles out of court. A Ponca City personal injury lawyer can help you seek financial compensation for your injuries.
The Majority of All Civil Lawsuits Settle Before Trial
If you are a party in a premises liability lawsuit, it is highly unlikely that your case will go to trial. The majority of civil lawsuits are settled prior to trial. Settlement negotiations and mediation are the actions that often lead to the settlement of a civil lawsuit.
The minority of cases that go to trial are those in which liability is highly contested, or the total damages amount is disputed by the defendant. However, most civil lawsuits are resolved by both parties reaching a settlement agreement, which is a signed contract between both parties. It is possible for a civil lawsuit to settle the night before a trial is set to begin.
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Establishing Liability in a Premises Liability Case
The principles of negligence law apply to premises liability cases. Negligence consists of four elements that the injured party must prove to obtain monetary compensation for their injuries. Those four elements are as follows: duty, breach, causation, and damages.
Every person who engages in conduct must act as a reasonably prudent person under similar circumstances. Owners and occupiers of land have specific duties to which they must adhere. If a landlord or owner breaches their legal duty, and this breach causes an injured party to suffer injuries, then the landlord or owner may be liable under a negligence theory.
The facts of the case will often dictate whether the four elements of negligence can be established. For example, in a claim for a slip and fall accident, you may need to determine who was responsible for maintaining the common areas in an apartment building. A lawyer can help you assess all the relevant facts that may be relevant to whether or not a particular defendant is liable for your injuries.
The Majority of Civil Lawsuits that Do Not Settle Are Those in Which Liability Is Highly Contested
A defendant may contest liability if the evidence and facts do not establish that the defendant was liable for the injured party’s injuries. A skilled attorney will have to assess your case and determine if it is more likely than not that the defendant will contest liability. Speaking to a lawyer will help you determine if your premises liability case is likely to settle before trial.
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Some Premises Liability Cases Do Not Settle Because of an Issue Regarding the Computation of Damages
The defense may assert that the total damages amount cannot be calculated in an accurate manner. If this is the case, then settlement negotiations may take longer than expected. Also, mediation may not lead to a resolution of the case if the defense disputes the total damages amount claimed by the injured party.
One form of alternative dispute resolution that may lead to the resolution of a premises liability case before trial is arbitration. An arbitrator may engage in binding arbitration or non-binding arbitration. During binding arbitration, an arbitrator will rule for one side and enter a final judgment regarding the case.
However, it is more likely that a premises liability case will be resolved through settlement negotiation or mediation. It is important to ascertain the relevant facts of your case and speak to a lawyer so you can understand which issues may lead to your premises liability case going to trial.
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The Facts Associated with Your Premises Liability Case Are Important
It is difficult to overemphasize the importance of the facts when assessing whether a premises liability case will settle before trial. Every premises liability case is unique, and no two cases have an identical set of facts. Factual differences can determine whether a case will settle relatively quickly or may remain in litigation for months.
Speaking with a knowledgeable lawyer is the best way for you to determine how the facts of your premises liability case will influence the probability that the case will be settled before trial. Numerous factors may be relevant to your case, but it can be difficult to assess these factors without an attorney representing your legal interests. Premises liability cases are complex, and oftentimes, a lawyer will need to investigate the facts to determine the likelihood that the case will settle.
The Benefits of Retaining a Lawyer for Your Premises Liability Case
Hiring a lawyer to represent you is one of the best things you can do if you are involved in a complicated premises liability case. It can be difficult to know who to trust when a landowner is at risk of being liable for your injuries. You can take advantage of attorney-client privilege and attorney-client confidentiality when you retain an attorney.
The communications you have with your attorney are protected. This means that opposing counsel cannot introduce into evidence the conversations you have with your attorney, and everything you share with your lawyer is confidential and will remain so even after the attorney-client relationship ends. Having a lawyer on your side will help you protect your interests and give you time to recover from your personal injuries.
We Can Help You Determine if Your Premises Liability Case May Settle Out of Court
Our attorneys understand how stressful and frustrating dealing with every aspect of a premises liability case can be. If you suffered injuries while visiting the property of another, then contact us today to schedule a free consultation. We can stand up to powerful business entities and landowners who may try to have your case dismissed before you can seek monetary compensation for your injuries.
An attorney can review the facts of your case, investigate whether the defendant is liable, and help you determine how best to enforce your legal rights. We are here to help you with every aspect of your premises liability case. While you recover from your injuries, our attorneys can represent you both in and out of court.
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