This is not a question asked just by people who have a premise liability claim. It is a question asked by everyone who has been injured. The more serious the injury, the more often the question is asked. This is most likely due to the fact that serious injuries lead to more catastrophic costs and expenses for people. When people cannot work they need income to replace lost income. Sometimes, the insurance companies know this so they attempt to play the delay game. Delay the case and if the attorney for the injured person is not aggressive, the insurance companies hope they will settle their case for less. It is up to the attorney to prosecute the case as quickly as possible.
At Coxwell & Associates, we practice aggressive prosecution of cases for our clients when they have been injured. Of course, clients must understand that the legal system is at times slow. For example, if you are waiting on the client to reach maximum medical recovery and be released by the doctor, there is only so much you can do until the client is released. Other times you might be waiting for the test results from experts. There are 100 things that might cause a delay in a case that is beyond the control of the injured person’s attorney. Irrespective of these delays, a good personal injury attorney is going to be well-known by the insurance lawyers. We have had difficult cases resolved quickly, sometimes before a deposition is taken, and other cases that end up going to trial.
Let’s turn our attention now to premise liability cases. If you were hurt on someone else’s property and you intend to file a premises liability claim, you may be wondering how long it will take to resolve the case. After all, the damages are probably adding up fast. While there’s no set timeline for resolving such cases, a seasoned personal injury attorney can give you an idea of what to expect after evaluating the circumstances. By applying experience, relevant statutes, and applicable precedents, your lawyer can predict how long the proceedings might last.
It’s important to remember, however, that every premises liability claim is unique. No attorney can guarantee to resolve a case within a timeframe because there’s no guarantee that the opposing party will cooperate, even if they are presented with strong evidence. If your lawyer thinks the claim is worth pursuing, there are several factors that could influence the total duration of the proceedings. Such factors include:
- The severity of your injuries: To avoid accepting a low settlement, it may be wise to put off the negotiations until you’ve reached maximum medical improvement (MMI). If you accept a payout prior to reaching MMI, there’s a chance it won’t cover all the damages you incur. As such, claims involving catastrophic injuries may take considerably longer to resolve than those involving more superficial wounds.
- The strength of the available evidence: If you are unable to demonstrate how the property owner’s negligence was responsible for the accident in which you were hurt, a liability dispute is likely to arise. Failing to present enough evidence of causation or damages could also lead to a dispute. Should the opposing party challenge any aspect of your case, it could send the case to litigation and extend the duration of the proceedings. In that same vein, though, presenting strong evidence could lend to a relatively fast resolution.
- The insurer’s willingness to cooperate: Claims adjusters have several strategies for devaluing the cases they review, and stalling is one of them. If they drag out the proceedings by demanding evidence that doesn’t exist or by refusing to negotiate, the claimant may eventually get so frustrated that he or she accepts an unfair settlement just to put an end to the associated stress. An attorney can make sure the insurance company doesn’t treat you unfairly.
- Whether the claim proceeds to litigation: Naturally, proceeding to discovery or all the way to trial could add months or even years to the proceedings. If the opposing party refuses to cooperate, though, filing a lawsuit may be the only way to pursue the compensation you deserve.
Discuss Your Case with a Premises Liability Attorney in Jackson
If you sustained serious injuries because of a negligent property owner, contact Coxwell & Associates. We have been representing Mississippians for 40 years. Call (601) 265-7766 or fill out our Contact Form to schedule a free consultation with a premises liability lawyer in Jackson. We travel throughout the State of Mississippi.