If you have been hurt in a slip and fall accident caused by a negligent business or property owner in Virginia, you may have a hard time obtaining the compensation you deserve for your injuries. The insurance company could use unfair tactics to deny your claim or try to pay you less damages.
However, your case will likely be decided in an out-of-court settlement rather than a trial. An experienced premises liability attorney can advise you on whether the insurance company’s settlement offer is fair or whether it is in your best interests to go to trial.
Reasons Most Slip and Fall Accident Cases Do Not Go to Trial in Virginia
Most slip and fall accident claims are settled out of court in Virginia. Even if you must file a lawsuit because the insurance company will not offer you the damages you are entitled to or the statute of limitations to file your lawsuit will expire soon, you will most likely settle your case before the scheduled trial date. Here are reasons why these cases rarely go to trial:
- Jury trials are costly. Jury trials can be very expensive. The cost of going to trial includes attorney fees, court fees, expert witness fees, and other related expenses. The insurance company will most likely agree to settle your claim to save money at some point in the litigation process.
- Juries are unpredictable. No matter how strong a claim is, there is no way to know how a jury will react or what their decision will be. Additionally, jurors may be swayed by emotions or personal biases, which can impact the outcome of the case. Accident victims and insurance companies often prefer to reach a settlement rather than risk the uncertainty of a jury verdict.
- Litigating a case is a lengthy process. Litigating a slip and fall accident case can take a long time. The discovery process, where both sides exchange evidence and information, can be time-consuming. Additionally, scheduling court appearances, depositions, and other related events can cause delays in the process. This can be frustrating for clients looking to resolve their cases faster and may make settling a claim a better option.