Why Some Premises Liability Settlements Are Higher Than Others

Property owners are held accountable under the legal doctrine of “premises liability” when someone is hurt on their property as a result of hazardous conditions. A million ER visits are caused by slips and falls alone, which account for 12% of all falls in the US. This kind of incident is commonly involved in most premises liability claims.

You need to understand that each premises liability case is different, which is why the average premises liability settlement amount may vary from case to case. You should anticipate that the average settlement for different cases will differ. The details of an incident are important when someone trips, slips, or is hurt on someone else’s property.

The extent of the damage, the property owner’s liability, and the degree to which the accident changed the victim’s life are the deciding factors in any premises liability case. Some situations just cover medical costs, while others involve future care for the victim and reimbursement for lost wages or continuous suffering.

Let’s take a closer look at these elements that affect the potential settlement of your premises liability claim.

Severity Of The Injury

The alleged injuries in a premises liability settlement significantly influence the potential compensation you may receive. Severe injuries with major disfigurement, like broken bones and traumatic brain injuries, would have a stronger argument for an increased settlement amount.

The insurance companies understand that the more life-changing and debilitating the injury is, the more it negatively impacts their lives. Depending on your policy, you can be compensated for damages such as medical expenses, income, and emotional pain and suffering.

The specifics of the incident are one of the most determining factors in receiving a settlement. The more pain and suffering you experience, the higher your compensation will be.

Understanding how pain and suffering come into play with premises liability settlements can go a long way in helping you receive the amount that you deserve.

Clarity Of Negligence

In a premises liability claim, proving exact negligence becomes very important since it will influence your compensation for damages. You must garner such evidence by which it can be convincingly shown that the landowner’s negligence caused your injury. Collect photographs, witness statements, and any records of maintenance related to the event’s documentation.

Conclusive evidence outlining the culpability of the property owner for the unfortunate event will greatly enhance the chances of a claim while increasing the value of the settlement.

By showing the negligence of property owners, you promote a community where safety is prioritized.

Extent Of Damages

An important aspect of a premises liability case is determining damages. The nature of damages dictates the type of compensation available. When you’re hurt, aside from your physical injuries, there are also emotional distresses, lost wages, and so forth, with some damages being potentially future-oriented.

You would want for every bit of anguish and pain you went through to be acknowledged and accounted for. The injury’s seriousness, recovery time, and daily disruption of injuries are all taken into consideration in settlement negotiations.

A clear outline of your damages goes a long way toward establishing strong arguments and creating an atmosphere of solidarity within the community that supports you. You should receive just compensation for the hardships you’ve faced.

Evidence & Documentation

The merits of your case are dependent on the evidence you present. The accident scene photographs, witness statements, and medical reports will provide strong support during the case’s settlement outcome. 

All this evidence supports your version of the event and shifts the blame on the defendant. Such things ought to be documented at the first opportunity, as time can shift memories and conditions can also change. 

Document everything there is to record concerning your injuries, their treatment, and the costs related to them. That evidence will not only help you support your claim but will also demonstrate the level of hardship you have been subjected to. An organized case with an abundance of evidence gives you confidence when negotiating.

A detailed documentation can result in a settlement that genuinely corresponds to your experiences and the losses you have sustained.

Insurance Policy Limits

Knowing the insurance policy limit for a property owner is key in the settlement process during a premises liability claim. The maximum limits indicate the amount you may be able to recover from the insurance company.

Bigger insurance policy limits often lead to the possibility of magnifying settlement amounts that would provide an injured party with sufficient amounts, if any, to cover medical bills and lost investment. Smaller limits can negatively limit recovery and impede negotiations.

Knowledge of this fact allows you to strategize accordingly. You should be fairly compensated for your injuries and losses, and knowing the policy limits will give you power as you undergo your injury claim process.

Awareness of policy limits provides, for both you and your attorney, some peace of mind along the way.