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Do Premises Liability Lawsuits Need to Go to Court?

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Premises liability lawsuits don’t have to go to court. In fact, many of them settle through out-of-court negotiations. However, going to court might be the only option for some victims to receive a sufficient settlement. 

In an ideal world, people whose reckless behavior harms another person shouldn’t have a problem compensating the victim for the damages caused. But the world of insurance settlement doesn’t work like that. Despite presenting solid evidence and having a premises liability lawyer by your side, an insurer might still be unwilling to pay the amount of compensation you need to heal. 

When the two sides cannot come to a fair agreement, the only other option to find justice is by going to court. Get legal support throughout the process by partnering with an experienced attorney who understands Wisconsin’s premises liability laws. 

What to Expect When Your Premises Liability Lawsuit Goes to Court

When an attorney prepares to take your premise liability lawsuit to trial, they will start by filing a complaint with a local court. You’ll then receive a date for your trial which could be in weeks or months, depending on the number of ongoing cases.

As the trial begins, the defendant and you as the plaintiff will have an opportunity to make opening statements containing a summary of the claims and evidence. Your attorney will handle these legal tasks on your behalf.

You may be required to share testimony about the incident before the court as well. The defendant’s team will also have a chance to cross-examine you to try and make you admit to some fault. Preparing for your case with a lawyer will ensure you’re well-prepared and know how not to fall into the defense’s trap. 

After this, the jury or judge will deliberate on the evidence provided and make a ruling. They’ll decide if the defendant is liable and how much they should pay to compensate for your economic and non-economic damages.  

If any of the parties are not content with the ruling, they have time to appeal and initiate another hearing.

Will Going to Court Impact My Premises Liability Lawsuit?

You can expect the liable party and their legal team to build stronger defenses when your premises liability lawsuit goes to court. The case might also take longer to settle as your attorney may opt to wait until you attain maximum medical improvement

However, this also gives you more time to uncover evidence and build a stronger case, which is more likely to result in a higher settlement offer. 

Seek Legal Guidance from a Premises Liability Lawyer

It’s not often that a premises liability claim goes to court. But when this happens, the victim has a larger burden of proof to show liability. The case is also likely to take longer, and you can expect a lot of defenses from the responsible party. However, if you win, the settlement amount may be larger than what the insurer had initially offered. 

Reach out to the Law Offices of Gary S. Greenberg in Milwaukee to understand what you’re up against. Call us at 414-271-7007 or fill out our contact form below to take advantage of your free consultation.