Premises liability cases are very fact-specific and each one is different, including the time it takes to resolve. The average timeframe for a case that goes to trial is around 18 to 24 months after the case is filed.
A premises liability case begins by analyzing the incident and naming the responsible party. It is not always the property owner who is at fault, and finding the liable party requires a determination of who was in actual possession or control of the property at the time. Once suit is filed, the parties engage in months of discovery in preparation for trial, where each side sends the other written requests for information, discloses experts, takes depositions and collects evidence.
Throughout discovery, Padberg Appelbaum Knepper attorneys work toward agreeing on a fair settlement for our clients. If a case cannot settle, the parties will move forward to trial. Premises liability cases tend to go to trial more than other types of personal injury cases because insurance companies often try to blame the injured victim for the fall. This encourages them to keep offers low and reduces the chance the case will settle for a fair amount.