When you think about filing a lawsuit, you probably imagine lawyers arguing in a courtroom. However, McAllen premises liability settlements are actually the most common outcome for lawsuits. Accepting a settlement can save you time, stress, and legal fees. However, some people feel that a settlement does not provide the same sense of justice that a court award does, and there are some cases where an injured person will be awarded more at trial than they could get in a settlement. Your premises liability attorney could help you decide whether accepting a settlement offer is the right choice for you.
What Is a Settlement in a Premises Liability Case?
In a premises liability settlement, the injured person accepts a compensation offer in exchange for agreeing not to move forward with a lawsuit in McAllen or sue in the future. This can happen at any point between when the injury occurs and when a lawsuit goes to trial. If a situation is relatively straightforward and the injured person’s expenses will all be covered by the property owner’s homeowners or business insurance policy, the injured person could accept an insurance settlement without filing a lawsuit at all. If the injured person files a lawsuit, the property owner’s lawyer will often offer a settlement. Coming to a final settlement number typically involves some negotiation between the two sides’ attorneys. Once the injured person accepts the settlement, they cannot change the agreement or file another lawsuit for that injury.
When Are the Benefits and Downsides of Accepting a Settlement Offer?
Accepting a settlement is easier than going to court. Scheduling and completing a trial can take months or years, and settling is usually much less stressful for the injured person. Uncertainty about how much compensation they will receive and how long the process will take can be difficult to manage. During a trial, the other side will typically scrutinize the injured person’s actions and how serious their injury actually is, which can be distressing. Premises liability settlements in McAllen require less time and work for the attorney, which means the legal fees will be lower and the injured person can keep more of their compensation.
However, this does not mean that you should always accept a settlement offer. A jury might award more than an insurance company would, and the difference can be big enough to be worth the extra time and legal fees. An injured person might want to hold a property owner accountable for their negligence by taking them to court, as they may not get the same satisfaction or sense of justice from a settlement. Finally, some cases have enough complexity or uncertainty that the two parties cannot come to a settlement agreement. If there are serious disputes over the reasonableness of the conditions on the property or the injured person’s reason for being there, the parties may need to have a jury determine the outcome.
Discuss Premises Liability Settlements With a Lawyer in McAllen Today
While most lawsuits end with McAllen premises liability settlements, settling is not always the right choice. If you do want to accept a settlement after being injured on someone else’s property, it is still important to hire a lawyer. Your attorney could make sure that the settlement offer is fair based on your injuries and the expenses you have incurred. Call KGS Law today to begin discussing your options.