After a slip and fall accident, you can sue for the premises liability such as a staircase incident or a slip and fall injury. These would make sense only if the case holds high value. Such cases do not consider the personal feelings of the victim. The question is whether the plaintiff would silently walk away after claiming the compensation, despite having suffered throughout the painstaking process of the trials.
Is Settlement A Good Solution?
Filing a lawsuit is an option used when no solutions are obtained after the settlement talks. This applies to all types of premises liability cases. In some cases, the injured party might claim too much money, or the insurance company might be unwilling to offer the deserved amount. Whichever the case, the lawsuit involves leaving the decision to the jury. The risk involved is that one of the parties will win all, and the other party will lose all.
To the contrary, settlement involves agreeing to a mutually benefitting outcome. The injured person might have to make peace with a little less than they demanded and the insurance company might have to pay a little higher than they wanted to pay. After all, it is worth evaluating the demands of settlements before committing to the risk of trial.
The Jury Decides the Case at the Trial
In case your premises liability fails to go through to the trial, it would become difficult to predict the accuracy of recovery. This is because the trial will be decided by the jury. It decides how much the plaintiff deserves for the injuries suffered.
Certain damages like the lost wages and medical bills incurred for the slip and fall injury are easier to calculate. The Jury has full discretion, but if the defendant is found guilty, then the claims made by the plaintiff stating the solid damages such as medical bills and other proofs would be used to determine the compensation.
In the case of lesser damages and the subjective causes such as pain and suffering, the speculations are helpful. These are usually based on similar decisions made in the past. Since every jury and every case is unique, it is better left to a broad range of speculation.
If the cases involve serious injuries such as physical disfigurement, the subjective factor could be quite high. This means the plaintiff and the defendant might make a completely opposing range of claims. This can make the settlement a difficult task.