If you were injured on someone else’s property in Michigan, you may be wondering whether to settle your case or take it to trial. The right decision depends on many factors, such as the unique circumstances of your case, the strength of your evidence, and your financial needs, among others.
Here’s what you should know about settling versus going to trial after a premises liability accident. For further information and to get started with your case, contact a premises liability lawyer in Troy for a free consultation.
When It Makes Sense to Settle a Premises Liability Claim
The majority of personal injury cases, including premises liability claims, are resolved through settlements. A settlement is a legally binding agreement between you and the defendant (or their insurance company) to resolve the case without going to court.
Settling may be a better choice when:
- Liability is clear: If the property owner’s negligence is obvious, such as failing to clean up a spill in a slip and fall incident, the insurance company may be more likely to offer a fair settlement.
- You need compensation quickly: Trials can take months or longer to resolve. If you’re struggling to pay your medical bills and replace your lost wages, settling early may provide faster financial relief.
- You want to avoid risk: Trials are unpredictable, as there’s no guarantee of success when presenting your case before a jury. A settlement eliminates the uncertainty of a verdict.
Your Troy premises liability attorney can negotiate aggressively with the insurance company to ensure you receive full and fair compensation for all your economic and non-economic damages. However, in some circumstances, proceeding to trial may be in your best interest.
When Going to Trial May Be the Better Option
Sometimes, the insurance company refuses to offer a reasonable settlement. In those cases, taking your claim to trial may be the best way to seek justice.
You may want to go to trial if:
- The insurer denies liability: Property owners and their insurers may try to state that they were not legally responsible for your injuries, such as by asserting shared fault (more on this below).
- The settlement offer is unfair: If the insurance company undervalues your injuries, for example, or refuses to cover non-economic damages, a trial may help you recover the full amount you deserve.
- You want accountability: A verdict can provide a sense of justice and public acknowledgment of wrongdoing that a private settlement cannot.
In Michigan, you can still recover compensation even if you’re partly at fault under the state’s modified comparative negligence law. However, your damages will be reduced by your percentage of fault, and you’ll be barred from recovery if you’re found more than 50% responsible.
Your premises liability lawyer can build a strong case to counter allegations of shared fault and maximize your compensation at trial.
Contact Our Troy Premises Liability Attorneys for Guidance
Deciding whether to settle or go to trial after a premises liability accident is one of the most important choices you’ll make in your case. Getting legal advice from a qualified premises liability lawyer is one of the best decisions you can make in this situation.
Contact Khamo Law today for a free consultation at (248) 466-0606. Our premises liability attorneys in Troy can help you make an informed decision that sets you up for as successful an outcome as may be available to you under the law.