Settlement Negotiations In Premises Liability Cases

Settlement Negotiations In Premises Liability Cases
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When you enter the premise of another person or business establishment, you enter either as a visitor, a licensee, or a trespasser. Suppose you fall or slip or get seriously injured on the premise, and you belong to the first two categories of people. In that case, you can file a claim or a lawsuit against the property owner or the property manager under the Premises Liability Law. You will need to involve a zealous Miami Premises Liability Attorneys to ensure that you get fairly compensated by the other party. Often, you would need to negotiate with the other party or its insurance company to reach a viable compensation claim. In this case, an experienced lawyer should be hired to help you through the negotiation process effectively. 

Settlement negotiation in a Premise Liability case involves different steps. Some of the crucial steps in the process include:

Establishing the defendant’s liability and fault before negotiation

The first task before the negotiation is establishing the defendant’s liability. In such a situation, the plaintiff has to show that it is the liability of the defendants to ensure visitor’s safety when entering the premises, and also, he failed to fulfil his duty. On the other hand, the defendant needs to show that his property is well-maintained and is completely safe for visitors. It is tough and challenging to prove that the property was not in good condition and dangerous for the visitors visiting the premises. Moreover, if some untoward mishap has happened, collecting and showing the defendant’s negligence is tough. They are showing that the dire condition of the plaintiff occurred due to the precarious condition of the premises. A lawyer engaged to help in the case would ask to collect relevant documents, pieces of evidence, witness accounts, police records, etc. These pieces of documents help in establishing liability. 

 Proving damages 

Another important step in the process is to prove the damages caused as a result of the injuries. Thus, the lawyer will need to prove the medical expenses, loss of wages, emotional and pain, and other such damage types identified by the law. 

Finally, the plaintiff is ready to go ahead with the negotiation. Many plaintiffs consider going in for negotiation rather than file a lawsuit and go on trial. It is because fighting a case in court is much more time-consuming than settling it with negotiations. With the help of a seasoned attorney, the plaintiff comes to know about his legal rights, identify the amount he can ask for compensation, and the rights surrounding the same.

With their knowledge and immense experience, professional Miami premises liability attorneys will undertake the process of full-fledged negotiation with the other party to help you get the maximum claim amount. It is, therefore, necessary to look for lawyers who are well-versed with Premises Liability Laws of Florida. When finding a lawyer, you need to find the credibility and reputation of the lawyer. You can read the reviews online and also speak to previous references and clients. Remember, the better knowledge the lawyer has, the higher chances of getting the best compensation value from the other party.

How to ace negotiation?

Having some aces up your sleeve can help in coming up with a winner in negotiations. Here are a few tips that you can try-

  1. Never underestimate your competitor. It is always better to consider your competitor as good or sometimes better than you. When you negotiate, you do not get fooled by the positive talks of the competitors. Ensure that it is a cooperative proves rather than one party dominating the other. Try to swerve the negotiation to a win-win situation for both. To arrive at this, both parties need to work on the process. 
  2. Do not show your cards. It is important to avoid dropping a number even before the process starts. Stating any number may be deemed as an offer which may move the process in another direction. Thus, it is always better to prepare well and come up with a figure after thoroughly analyzing the case. 
  3. Do not negotiate on the phone. Always negotiate face-to-face. It helps the person study non-verbal cues and positively take the direction of negotiation. Telephone debates may be taken in another way which may change the process direction altogether. Thus, it is always better to bring the negotiation to the table. 
  4. Do not be overconfident. It is always better to analyze and study the case and identify its strong and weak points. Knowing the ins and outs of the case can help you a lot when negotiating the case hard. You know where you can win points and where you should avoid making tall claims. Overconfidence can be a bane for the negotiation process. Thus, always be humble and honest and try to get the best outcome. 
  5. Make an honest valuation of the case. It is always better to honestly evaluate the case. This way, you will know how far you can go with the negotiation and where you need to put a brake. An honest evaluation will help you understand where to cut losses.
  6. Prepare a crisp case summary. The salient features of the case with help in putting your best foot forward. Writing down the case’s salient features will help you keep the best points in front of you and discuss the same with the other party. 
  7. Set bargaining points. Depending on the positive features of the case, you can have bargaining points that will help turn the case in your favour. Always keep a few aces up your sleeve. It will help you to push the claim amount as per your positive features. 

Keeping all these tips shall help you ace your negotiation and make it more favourable for you. Engage the services of an expert attorney who enjoys a high success rate in fighting such cases and take the negotiation process forward. It shall help in getting the desired outcomes. 


Thank you for reading!