It can be challenging to settle a premises liability claim out of court in Virginia. If you want to receive all the compensation you deserve for your injuries, you may have to file a lawsuit and litigate your claim. Here are the steps you will have to go through if you must sue the negligent party that caused your slip and fall or another premises liability accident.
Why You May Need to File a Premises Liability Lawsuit
The first step should be to retain a knowledgeable premises liability attorney if you or a family member were injured in a premises liability accident. They can collect the evidence you need to win your case and try to negotiate a settlement with the insurance company.
There are several reasons your lawyer may recommend that you file a lawsuit, such as:
- The insurance company denies your claim.
- The insurance adjuster refuses to offer you a fair settlement.
- The statute of limitations, which is the deadline you have to sue, will expire soon.
Steps in a Premises Liability Lawsuit
It could take you longer to settle your premises liability claim if you have to file a lawsuit. Here are the steps your lawyer will take to litigate your case:
- Lawsuit. The first step your attorney would take is to file a civil complaint against all the negligent parties stating how their negligence caused your accident, the seriousness of your injuries, and the compensation you seek.
- Answer. Once the negligent party is served with the lawsuit, they will file an answer. Do not be surprised if they deny the allegations in your complaint.
- Discovery. The longest phase of the litigation process is discovery. This is the stage where the attorneys for the insurance company and you will exchange information and documents to find evidence helpful to their cases.
- Negotiations. Your lawyer will engage in settlement negotiations during the litigation process. The judge may also order your case to go to mediation, which is a court-ordered settlement process, before setting a trial date.
- Trial. If you cannot resolve your claim, your case will be decided at a jury trial. At the trial, you would testify and present evidence that supports your right to compensation for your injuries. At the end of the trial, the jury would decide how much, if any, damages to award you.
If you were injured in a premises liability accident in Virginia Beach or Norfolk, experienced premises liability attorneys can explain your options and go up against the insurance company so that you receive the damages you are entitled to under Virginia law. To learn more about how we can assist you, call our Norfolk office at 757-625-1214 or complete our online form to schedule your free initial consultation today.