When wondering how long a premises liability claim takes to settle, understand that each case is a little different. The facts in the case determine the speed with which the settlement occurs. Some cases take a few months, while more complex cases can take a few years or even longer.
Cases in which the circumstances are not in dispute and the victim’s injuries are minimal will settle faster than cases with complex circumstances and long-lasting injuries. Or, if the insurance company stalls and refuses to negotiate in good faith, the case may need to go to court, necessitating a longer process.
Factors That Create a Longer Settlement Process
When trying to figure out why your premises liability case is taking so long to settle, it can be helpful to understand some reasons delays occur.
Disputes About What Happened
The most common reason a case like this seems to drag out is that the two sides cannot agree on the party that should be liable. You and your attorney will argue that the property owner or lessee created a negligent situation, resulting in liability. However, that party may disagree with our findings, claiming you made an error that resulted in your injuries.
To show liability on the part of the party that occupies or owns the property, we must show that you had a legal right to be on the property and that the property owner failed to provide you the duty of care you deserved, as defined in Georgia statute OCGA §51-3-1.
You and your attorney may need to interview witnesses, study video and photographs of the scene, and speak with doctors to prove your case. With a large number of facts on your side, you can convince the insurance company that its client is at fault for your injuries.
The Extent of Your Injuries
As a victim who has a greater level of injuries, resulting in a long hospital stay and an inability to return to a normal level of activity, you may be in line to receive a large settlement amount. Because of the severity of your injuries, however, the case naturally will take longer than a clear-cut case with minor injuries.
You do not want to agree to a settlement until you have a full diagnosis of all of your injuries and of your health outlook going forward. Once you accept a settlement amount from the insurance company, you cannot go back and request more money later should your doctor find new injuries.
It is important for your doctor to feel comfortable with the diagnosis and your plan for care going forward before you agree to any kind of settlement. For those with severe injuries, especially with spinal cord injuries or traumatic brain injuries, diagnosis can take a long time, delaying any chance to come to a settlement.
Size of the Potential Settlement
Insurance companies tend to try to delay settlements in cases where large awards are possible. The insurer will closely investigate the case and the extent of your injuries, hoping to find information that will limit the settlement amount it has to pay to you.
You and your attorney need to have a strong grasp on the facts in the case, using them to counteract the techniques of the insurer attempting to delay the case’s progress. Each time the insurer tries to create red tape delays, we can present the facts, keeping the case on track.
We Will Keep You Up to Date on the Case’s Progress
So how long does a premises liability claim take to settle? The length of the case depends on a number of factors, including the severity of the victim’s injuries, whether the facts in the case are in dispute, and whether the insurer chooses to negotiate fairly.
Once you choose to hire Bader Scott Injury Lawyers to represent you in your premises liability claim, you can be sure we will work as hard as we can to keep the case moving forward. We will provide regular updates to you as to how we are progressing and on the actions of the insurance company.
We Try to Settle Quickly Without Sacrificing Your Award Amount
According to Georgia statute OCGA §9-3-33, victims in these types of personal injury cases have up to two years to begin the proceedings. There is no law limiting the length of time the case may take. You can be certain we will meet all deadlines the law requires.
Our team will attempt to settle the case as quickly as we can, but we do not want to sacrifice the amount you will receive in compensation to try to settle the case faster. We will provide advice about how to proceed, but the final decision in the case is always yours.
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