When a sexual assault happens on someone’s property, the owner could be liable. Property owners must make sure their locations are safe, including providing adequate security. If you’re bringing a case for negligent security after a sexual assault, you might have questions. Can you settle your case out of court? Or will you have to go to trial?
Although sexual assault occurred, legal action against the property owner is a third-party claim. Unless the owner was the assaulter, you cannot bring a criminal case against them. Instead, you can seek compensation through a personal injury claim. Thankfully, most personal injury cases settle out of court. However, there are exceptions.
Settling In vs. Out of Court
Property owners and businesses should carry insurance in case of accidents on their property. If the owner’s or business’s negligence leads to an injury, the owner or company could be liable for the costs.
The same applies to a sexual assault on a property. If the property has inadequate security and an assault happens, the owner could be responsible. As a victim of sexual assault, you can seek compensation through a personal injury claim. That usually means you’ll deal with the property’s insurance company.
If the insurance company offers you a fair settlement, you won’t have to go to court. However, insurance companies usually send a lowball offer instead. Your lawyer will likely need to negotiate for a better offer.
Negotiation and Settlement
Insurance companies do not like to pay out much on claims. Even if you’ve suffered a terrible assault, the company will be reluctant to admit responsibility. They will probably challenge any claim that the property owner could have prevented the crime.
A Atlanta sexual assault lawyer will know what to do. They’ll work to negotiate with the insurance company. If negotiations go well, you’ll get an acceptable settlement offer. Thankfully, most injury claims end with a settlement.
Sometimes, insurance companies will refuse to settle. This can be more common with a sexual assault-related case because of the severity of the crime. If you cannot get a fair settlement, your lawyer will discuss the possibility of going to court.
Filing a Lawsuit
There are pros to suing the property owner. For example, sexual assaults can leave victims with severe physical and emotional damages. Any settlement the insurance company offers might not be enough.
With a court case, you have the potential to seek higher compensation. However, there is also more at stake. Before making a decision, it’s best to consult with an experienced lawyer.
At John Foy & Associates, we can examine your case and determine your best options. We’ll listen with care and compassion to what you’ve gone through. We can let you know if there is a high chance of settling out of court.
Benefits of Settling Your Case Case Out of Court
Settling out of court has pros for property owners and businesses. Without a court case, they can usually minimize damage to their name. Owners can also avoid a lengthy and expensive legal battle. Insurance companies will look for any way to avoid the expenses of trial.
Reaching a settlement outside of trial is suitable for many victims too. Here are some of the main benefits.
Guaranteed Settlement
An insurance settlement offer is guaranteed money. When you settle, you receive the agreed-upon amount, even if it’s less than you deserve.
With a lawsuit, there’s more risk involved. You can potentially win a lot more, but you could also not win anything. The jury verdict will determine the outcome. With personal injury cases that involve negligent security, proving liability can be difficult in court.
The cost of a lawsuit can outweigh the benefits for many victims. However, each case is different. Your lawyer can help determine the best action for you.
Avoiding the Emotional Toll
Sexual assault victims have already been through so much. Survivors might prefer to avoid trial so that they can start to move on.
Victims might worry about reliving the experience, having to testify, and dealing with victim-blaming. There are many concerns to think about when deciding whether or not to take a settlement.
Work with a Knowledgeable Legal Team to Get the Best Outcome
Even if you file a lawsuit, it doesn’t mean you’ll necessarily go to court. There will be opportunities before the court date to settle with the other side. The most important factor is working with a solid legal professional.
Negligence security sexual assault cases are complicated. They require a lot of investigation to determine what happened. Your claim will also need to show a direct connection between the owner’s negligence and your assault.
Thankfully, you don’t have to handle your case alone. Our sexual assault lawyers can build your case while you focus on healing. We’ll be there every step of the way, whether you accept a settlement or decide to go to trial.
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