Trial vs. Settlement in a Long Island Construction Accident Premises Liability Case
If you choose to pursue a legal claim after your construction-related injury, at some point you may be required to choose between taking a settlement or going to trial. Both options have their benefits and consequences, and it can be difficult to determine how to proceed without the assistance of qualified legal counsel. An experienced Long Island lawyer could help you understand the nuances of both trials and settlements in construction accident premises liability cases if you engage their services early on.
Circumstances that Warrant a Trial
Construction accident premises liability cases will likely go to trial if the parties involved cannot agree on the value of the claim or a proposed settlement. Another factor would be if there remained a major difference of opinion on whether the particular accident meets the liberal standards of construction accident cases in the state.
Ultimately, the case will be litigated when it becomes clear that the parties will not be able to resolve the case’s integral issues without intervention from the court. If both parties agree on the terms of liability and the details surrounding the accident, there would be no need to go to trial.
Factors of a Litigated Construction Accident Premises Liability Case
Construction accident premises liability cases in Long Island can have lengthy litigation timelines, often between two and four years. The discovery process, which involves obtaining evidence and exchanging pertinent information between the two parties, can be complex, and a local attorney would be tasked with building a compelling case and handling any infighting on motion practice. At the end of the discovery process, a case resolution may be possible, but the case could also proceed to trial.
The main parties involved in a construction accident premises liability claim would be the plaintiff and the defendant(s). The defendant(s) would be any person or entity who could be held liable for the accident, such as an employer, contractor, subcontractors, or building owner. There are often multiple defendants in these cases.
The two most important issues that the parties will attempt to resolve at trial are establishing liability and determining that the specific circumstances of the case adhere to the state laws governing these kinds of claims. A skilled attorney in Long Island could present the necessary evidence in court to prove that the plaintiff is owed compensation for their suffering.
Negotiating a Settlement Agreement
A settlement agreement occurs when both parties resolve of a case by agreeing on the amount of compensation that should be awarded. In Long Island, around 90% of construction accident premises liability cases end in a settlement.
Benefits of a Settlement
Settlement agreements are created with the purpose of making the plaintiff financially whole while acknowledging the harm that they have suffered. The compensation from an agreement could help the injured party pay for their ongoing treatments and other routine expenses after their accident. Specific damages for pain and suffering are also typically awarded in these cases, which address the difficulties the plaintiff will face in their daily life as a result of their injuries.
Settlements are typically the most cost-effective choice for the plaintiff, as they can guarantee that the injured party will receive some compensation for their suffering and spare them from the significant expenses of going to trial. A Long Island lawyer could further explain the benefits of accepting a settlement offer rather than pursuing a trial in a construction accident premises liability case.
A Long Island Attorney Could Determine if Pursuing a Trial or Settlement is Right for Your Construction Accident Premises Liability Case
Construction accident premises liability cases in Long Island are often complicated, and it is important for a plaintiff to know the differences between settlements and trials before entering the litigation process. If you have questions or concerns surrounding this issue, reach out to a qualified attorney for help. Call today to schedule an initial consultation and learn more about your legal options.