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Factors that Affect your Premises Liability Settlement

Factors that Affect your Premises Liability Settlement

If you've been injured due to premises liability, you might be wondering how much your settlement will be. Several factors will affect the amount of your settlement, including the severity of your injuries, the negligence of the property owner, and whether you contributed to your own injuries. Below is more information on factors that might affect your settlement.

Whether it's a True Premises Liability Case

The first factor that will affect your premises liability settlement is whether your case is actually a premises liability case. For your case to be classified as a premises liability case, your injuries must have been caused by a dangerous condition on the property. For example, if you were injured by a trip and fall hazard, then your case would be classified as a premises liability case. If you were injured by someone else on the property, then your case would not be classified as a premises liability case.

The Severity of Your Injuries

Another factor that will affect your premises liability settlement is the severity of your injuries. The more severe your injuries are, the more likely you are to receive a higher settlement. This is because the more severe your injuries are, the more costly they will be to treat. If you have suffered permanent injuries or disfigurement, then you are likely to receive a higher settlement than if you had only suffered minor injuries.

The Negligence of the Property Owner

If the property owner was negligent in maintaining the property, then you are more likely to receive a higher settlement. For example, if the property owner knew about a trip and fall hazard but did not take steps to fix it, then you are more likely to receive a higher settlement. In addition, the property owner might also be liable if he or she did not warn you about a dangerous condition on the property.

Whether You Contributed to Your Own Injuries

It's important to note that your premises liability settlement will be affected by whether you contributed to your own injuries. If you were partially at fault for your own injuries, then your settlement will be reduced by the percentage of fault that is attributed to you. For example, if you are found to be 20% at fault for your own injuries, then your settlement will be reduced by 20%. In some states, if you are found to be more than 50% at fault for your own injuries, then you will not be able to recover any damages.

Cost of Living

Many courts consider the cost of living when awarding damages in premises liability cases. This is because the cost of living can impact the amount of money that you need to cover your expenses. For example, if you live in an expensive city, then you will likely need a higher settlement than if you live in a less expensive city. Keeping this in mind, the average payout in a South Carolina premises liability case might not be as much as a case in California, since California is higher on the list in terms of cost of living.

Whether you Use a Lawyer

A lawyer will be one of the best tools to help you get a bigger settlement. Many people choose to go through the process without one, but an experienced lawyer will know how to get you a fair settlement that covers all of your damages. He or she will also be able to negotiate with the insurance company on your behalf and represent you in court if necessary. While you might have to pay a fee for your lawyer's services, it is likely that you will end up with a higher settlement if you use a lawyer than if you try to handle the case on your own.

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