Typical Settlement Process for Maryland Premises Liability Case
Premises liability is a legal doctrine under which a property owner can be liable for injuries that occur on their property. If a victim suffers an injury due to a dangerous condition on the property, they could file a premises liability lawsuit and request compensation from the owner.
That being said, the vast majority of premises liability — not to mention other legal claims — never make it to trial. Instead, the parties negotiate a mutually agreeable settlement and avoid the entire trial process.
In many cases, the typical post-accident process for a premises liability settlement involves the five steps detailed in the following sections. That being said, it is important to note that every premises liability claim is completely unique. The specific facts of the claim will dictate how the legal process plays out.
- Medical Treatment & Injury Recovery
As a result of the accident, the victim must undergo medical treatment to recover from their injury. Depending on the nature of the injury, this process can take days, months, or even years. In certain cases, the victim is unable to recover completely and suffers permanent disability. Either way, the victim can seek financial compensation for medical bills and recovery process through a premises liability claim.
- Lost Wages & Other Damages
In addition to medical bills and injury recovery, the victim may suffer other financial harm as a result of the accident. For example, the injury could prevent the victim from returning to work or performing their usual duties. Or the victim might need assistance handling basic tasks during the recovery process. If the financial harm is linked to the injury or recovery, then the victim can likely seek compensation via premises liability.
- Demand Letter from Victim
Once the victim has a reasonable estimation of their costs and damages, then they can send a demand letter to the property owner or their insurer. This letter will outline the details of the premises liability claim, including a breakdown of medical fees and, if applicable, lost wages and other damages.
- Counteroffer from Owner or Insurer
Upon receipt of a demand letter from a victim, the property owner or their insurer must evaluate the underlying premises liability claim. If the parties cannot agree on a dollar amount, the victim may elect to file a lawsuit. But in most cases, the owner or insurer will submit a counteroffer. And the negotiation process begins.
- Agreement & Final Settlement
If the victim and the property owner or their insurer can agree on the amount of damages, then they can reach a final settlement. The parties will then execute the required legal documents to finalize the settlement, including non-disclosure provisions in certain situations. Then the property owner or their insurer will pay out the agreed-upon damages to the victim.
Do You Need Legal Help?
If you have legal questions about premises liability or negligent security claims in Maryland, it can be immensely favorable to speak with an established personal injury attorney. Based in Baltimore, Maryland, the attorneys at Iamele & Iamele, LLP have experience pursuing many different types of personal injury claims, including premises liability and negligent security. If you need legal help, contact us today for a free initial consultation.