Suing for a slip-and-fall, a stairway stumble, or other premises liability case is only sensible if the case’s value is sufficient. Plaintiffs should consider this: will there be anything left after the case is won and the premises liability lawyer in Lake City, FL is paid? Read further to learn how to decide whether a case is valuable enough to justify a lawsuit.
Why Didn’t the Settlement Work?
Lawsuits for slip-and-fall cases are typically filed when opposing parties can’t come to an agreement; the victim’s demands may be too high, or the insurance company refuses to offer a fair settlement. In these cases, the courts must resolve the case and it may go to a jury for a decision.
Settlement is an agreeable outcome for both sides; the victim makes concessions, as does the defendant. It’s best for each side to re-evaluate their demands and offers to ensure that they aren’t acceptable before committing to the rigors of a court trial.
During Trials, Cases Are Valued by Juries
If a premises liability case does not settle, estimating a fair recovery is difficult. At trial, the jury will likely decide how much the plaintiff’s case is worth. Some damages, such as lost wages and medical bills, are simpler to calculate and predict. Although juries have considerable leeway, if a defendant is found liable, damages are often based on what they have already paid.
The Injury’s Effects on the Plaintiff
The injury’s nature is important in valuing a case; however, the effects of the injury on the plaintiff are also critical. For instance, if a violinist breaks their hand in a fall down the stairs and can no longer play, they can sue based on diminished quality of life, and their award may be higher.
The plaintiff’s earning ability is a less subjective factor. If a plaintiff earned a stable income and they were in the beginning of their career, but the injury caused them to suffer diminished earnings capacity, damages may include the difference between pre- and post-injury earnings.
The location of filing is important because potential jurors will come from that area. Juries in rural towns typically make smaller awards. Depending on the case, a premises liability lawyer in Lake City, FL with Northfloridaautoaccidentlawyer.com may recommend other filing options, such as filing in the plaintiff’s home state or in the place where the defendant’s corporate offices are located.
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