When Can I Expect to Get Paid from My Premises Liability Claim?
After suffering injuries on another party’s property, it can take time to go through the claims process. Each personal injury case has its own nuances and facts, making it difficult to predict how long it may take to receive a settlement. When our attorneys work on a case, we need time to investigate, build the claim, and negotiate with the insurer.
From there, the length of the case will also depend on whether you accept a settlement offer—going to trial will stretch the proceedings out further. Our team can help you better understand when you can expect to get paid from your premises liability claim once we review the details in your case.
Seeking a Quick Premises Liability Settlement
Our team of injury attorneys understands that many of our clients would like to settle their premises liability cases as quickly as possible. The settlement or award helps compensate them for medical care they require and wages they are unable to earn as they recover.
The chances that a claim will settle quickly often comes down to a few factors, including:
- The severity of the injuries
- The potential reimbursed amount for the medical bills
- The amount of lost wages
- The projected level of pain and suffering judgment
When the amount awarded in the case will be small, the insurance company is less likely to spend time arguing the exact details of the case. It is often easier and cheaper for the insurer to simply settle for a few thousand dollars and bring the matter to an end, rather than risking an expensive trial.
Dangers of Settling Too Fast
Although it can be tempting to take the first settlement offer the insurance company makes, this may not be the best outcome for you in the long run. Accepting the first offer you receive rather than negotiating with the insurer could leave you with a smaller award than your case warrants.
For example, if you settle the case quickly, you may not have a full diagnosis of your injuries. This aspect of the case is critical, as you could require additional care in the future and end up having to pay the rest out of pocket.
After you settle the case and receive your payment, you give up the right to seek more compensation if your doctors discover additional injuries later. Therefore, you want to be as certain as possible about the extent of your injuries and prognosis before you agree to a settlement.
Some Cases Simply Take Longer to Settle
Some premises liability cases simply will not settle quickly, and many factors can contribute to this. For example, when damage claims involve large amounts, the insurance company is more likely to question some of the findings in the case. Insurers do not want to pay a large settlement amount if they can help it.
As such, the adjuster assigned to your case may take a long time reviewing the facts, looking for reasons to devalue or deny the claim. There will likely be more back-and-forth negotiations, and the longer these take, the more necessary going to trial becomes. This will further delay the potential end date for the case, meaning you will have to wait longer for any compensation.
Below are a few additional scenarios that can extend the time it takes to handle a premises liability claim.
Lengthy Medical Care Required
In a premises liability case, you may require extensive medical care to recover from your injuries. A doctor may give you a recovery plan that will take several months to complete, especially if you need dozens of physical therapy appointments.
It’s best not to agree to a settlement amount until you have an accurate idea of the long-term prognosis you are facing. This means your payment may experience a delay until you finish your treatment, or the doctor can tell you what your future health outlook will likely be.
Cases Where the Facts Are in Dispute
In a situation where the insurance company does not believe your version of events, the settlement may take longer than expected. The insurer may claim that your injuries do not meet the burden of proof required in a premises liability claim, as shown in Louisiana statute RS 9:2800.6.
When the facts are in dispute, you and your lawyer must be able to show negligence on the part of the property owner. This may require further investigation and additional evidence gathering. If the insurer still refuses a fair settlement, our team will not hesitate to go to trial.
Delaying the Case on Purpose
Sometimes, an insurer may delay negotiations on purpose. The insurance company may hope that stalling makes you desperate to settle that you agree to a lower settlement than you deserve. In addition, waiting long enough can allow the filing deadline to expire.
In Louisiana, victims of negligence have up to two years to file a personal injury lawsuit, according to CC Art. 3492. Once this window closes, you lose the right to sue, no matter how compelling your case is. Rest assured that our attorneys will negotiate hard for a fair settlement without allowing this deadline to pass, giving you every opportunity to seek financial recovery.
Our Team Will Work Hard to Keep Your Case Moving Forward
In general, premises liability cases can take anywhere from a few weeks to several years to settle. However, understand that it is impossible to predict the amount of time a premises liability case will require without an investigation. Even small details play a role in determining the time it takes to secure a financial recovery.
At Laborde Earles Injury Lawyers, we will not sacrifice your chance at a fair award to settle quickly. For a free review of your case, contact us at (337) 777-7777 today.
