
Sustaining an injury due to someone else’s negligence can be frustrating and life-altering. If you’ve been injured on someone else’s property, a premises liability claim might help you obtain compensation for medical expenses, lost income, and other damages, but the process is far from straightforward. Insurance companies and opposing parties often offer settlements. But, what happens if that settlement doesn’t cover your losses?
Settlement Offers 101
A settlement offer is essentially a contract. The party responsible for your injuries (and likely their insurance company) proposes an amount of money to resolve the legal matter. In exchange, you agree not to pursue your case further in court. It’s a way to avoid the time, expense, and uncertainty of a trial. While this can be appealing, it’s important to understand the nuances of Las Vegas law and how they impact your settlement options.
Settlement offers have their benefits, but they aren’t always the best course of action. Initial offers are often low-ball figures, and accepting could result in you being significantly undercompensated. Insurance companies, especially in Las Vegas, are adept at minimizing payouts. They may try to shift blame onto you or minimize the severity of your injuries. This is why it’s crucial to have an experienced Las Vegas premises liability attorney on your side who can negotiate aggressively on your behalf.
Your Right to Refuse
You are never obligated to accept a settlement offer. It’s an important decision with lasting consequences and shouldn’t be rushed. If the offer doesn’t adequately cover your needs, you can and should reject it. Consulting with a Las Vegas personal injury lawyer is crucial here. They will carefully assess your case and advise you on the fairness of the proposed settlement, ensuring you understand your rights under Nevada law.
An experienced attorney will be familiar with similar cases and have a strong sense of the typical award amounts for injuries like yours within the Las Vegas jurisdiction. They will also guide you through the complex negotiation process, using their knowledge of the local legal system to fight for the maximum compensation you deserve.
Remember, insurance companies often prioritize minimizing payouts over offering adequate compensation. Your attorney’s job is to advocate solely for you, ensuring you receive the full support you need to navigate your recovery.
What Happens After Rejection
Rejecting a settlement doesn’t mean your case is over. Here’s what could happen next:
Negotiations Continue
Rejecting an initial offer doesn’t necessarily mean the end of negotiations. Las Vegas personal injury lawyers can counter the offer and engage in further discussions to reach a more favorable settlement agreement. This process may require patience and strategic maneuvering but can result in a better outcome.
The Case Proceeds to Trial
If negotiations reach a stalemate, you have the right to take the case to court. In Nevada, premises liability cases are often heard in civil court. A trial increases the potential for a higher award if your case is strong, but also carries the risk of losing or receiving a lower amount than originally offered. Your attorney will help you weigh the risks and benefits and decide if pursuing a trial is the best course of action.
Discovery Phase Begins
This pre-trial stage involves exchanging evidence between the involved parties. Your attorney can use this phase to build your case by obtaining proof of the property owner’s negligence. This might include requesting maintenance records, security footage, witness statements, and other relevant documentation. Las Vegas laws surrounding discovery can be complex, and an experienced attorney will ensure your rights are protected and all pertinent evidence is gathered to strengthen your claim.
Risk of Losing
While rejecting a settlement offer demonstrates your commitment to seeking appropriate compensation, it also carries risks. If the case proceeds to trial and you fail to prove the defendant’s liability or the extent of your injuries, you may receive no compensation at all. Therefore, it’s essential to weigh the potential benefits and risks carefully before deciding to reject a settlement.
Seeking Las Vegas Personal Injury Attorneys for Maximum Compensation
Remember, making decisions about your premises liability case without personal injury attorneys in Las Vegas can be detrimental to your financial recovery. If you’re dealing with a premises liability claim in Las Vegas, the attorneys at Boyack Law Group can help. Our team has an in-depth understanding of Nevada’s premises liability laws, and we’ll fight tirelessly to achieve the best possible outcome for your case.
If you’ve been injured due to a dangerous condition on someone else’s property, don’t hesitate to reach out. Contact Boyack Law Group today for a consultation. Let us help you understand your legal rights and put you back on the path to recovery.
Please call Las Vegas Personal Injury Attorney Bryan Boyack at the Boyack Law Group for more info on how we can help. Call now
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