Most states use “comparative fault” rules. Your compensation will be reduced by your percentage of blame. If you were 30% at fault for not watching where you walked, you would recover 70% of your damages. In some states, if you are found 50% or 51% (depending on the state) or more at fault, you may be barred from recovering anything. The property owner’s defense will often argue you were not paying attention or ignored obvious warnings.

You must fully understand every term you are agreeing to. This document permanently ends your claim in exchange for the specified benefits. Carefully review the payment amount, timing, and any attached conditions like confidentiality or future conduct. Ensure all promises made during negotiations are explicitly written in the final document. If anything is unclear or missing, do not sign until it is corrected. Verbal assurances are not enforceable once you sign.

If negotiations reach a dead end, you have two main options. First, mediation involves a neutral third party who helps both sides try to find a compromise. If that fails, your final option is to file a lawsuit and take the claim to court. A judge or jury will then decide the outcome. This process is lengthier, more stressful, and costly, which is why a strong negotiation phase is critical to reach a fair settlement without a trial.