Are Slip And Fall Cases Hard To Win?
Many victims of slip and fall accidents suffer severe injuries, and are forced to take legal action. However, are slip and fall cases hard to win? It depends on a number of factors, such as the evidence of negligence, severity of the injuries, and your legal representation.
You must be able to prove negligence on the part of the property owner and that they failed to provide a safe environment. It’s not always easy to prove negligence. We’ll break down slip and fall cases to show you how to maximize your winning chances.
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What makes a slip and fall case difficult to win?
In slip and fall cases, premises liability law applies. This means that property owners are legally responsible for keeping their premises safe. To prove negligence, you will need to have solid evidence and a good understanding of the law. You may encounter the following challenges:
1. Proving Negligence
You must prove that the property owner had a duty to care for you in order to win a lawsuit.
They failed to meet their duty when they did not fix the hazardous condition
Your fall and injuries were directly caused by the hazard
You have suffered damages such as medical expenses or wage loss
If you slip on a wet surface in a supermarket, you must prove:
- The store was aware (or should have been aware) of the danger but did not address it
- There were no warning signs near the spill.
- It took staff a long time to act after the spill.
The property owner’s defence team will argue that you are at fault if there is no clear evidence of negligence.
2. Comparative Negligence
In many states, compensation can be reduced if you’re found to have been partially at fault for the fall. The defense team for the property owner may argue that:
- You did not pay attention
- You were wearing inappropriate footwear
- Do not ignore warning signs
- Hazard was evident and could have easily been avoided
Your settlement will be reduced 30% if the court finds that you are 30% at fault. It is important to hire an attorney who can counter these arguments.
3. Inadequate Medical Treatment
If the victim fails to seek medical attention immediately, insurance companies may question the validity and extent of the injury. It’s important to seek medical attention even if you do not feel any pain.
- See a doctor right away
- Keep a record of all your injuries
- Ensure you follow all medical advice
Insurance companies may argue that your injuries were not caused by the fall if you delay medical treatment.
What are the most common slip and fall injuries?
Accidents involving slip and falls can have serious long-term effects on your health. According to the Centers for Disease Control and Prevention, falls are a major cause of traumatic head injuries (TBIs), and hip fractures. Some of the most common injuries are:
- Fractures (hip, wrists, arms, ankles)
- Head injuries and concussions
- Spinal cord injury
- Soft tissue injuries
- Knee and Joint Injuries
The injuries may result in long term medical care, lost income and emotional distress. All of these factors must be considered when filing a compensation claim.
Are Slip and Fall Cases Hard to Win Against an Employer?
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You might be wondering if you can sue your employer if you have been injured on the job. Workers’ compensation covers most workplace injuries, so you don’t have to prove negligence. If your employer was negligent (e.g. failing to fix known dangers), you could have a claim for personal injury.
Workers’ compensation covers:
Medical costs
Lost Wages
Disability Benefits
A lawyer can fight for you if your claim is denied, or if your employer takes retaliatory action against you.
How many slip and fall cases go to trial?
A settlement is reached in approximately 95% of all personal injury cases. Insurance companies prefer settlements over trials because they are expensive and unpredictable. Insurance companies may be compelled to offer fair compensation if they are faced with a strong case.
Settling has many advantages
Faster resolution: Avoid the long trial process
You are guaranteed compensation, so you don’t have to worry about losing in court.
Stress reduction – no need to testify in front of a jury
Insurance companies will often offer lowball offers to victims. A lawyer with experience will ensure that you do not settle for less than what you deserve.
What is the average payout for a slip and fall?
The amount of the settlement depends on the severity of your injury, medical expenses, and lost wages.
- Minor injuries: $10,000-$30,000
- Moderate injuries: $30,000-$75,000
- Severe injuries/disabilities: $100,000-$1,000,000+
Slip and fall victims who suffered permanent disabilities or died have been compensated with multi-million dollar settlements.
How to win a slip and fall case
Follow these steps to maximize your winning chances:
1. Document Everything
Take pictures/videos at the accident scene
Gather witness statements
You can request a copy the incident report
2. Seek immediate medical attention
Consult a doctor immediately
Keep all medical bills and records.
Please follow your treatment plan
3. You need to hire an experienced slip and fall attorney
An attorney will:
Expert testimony and evidence gathering
Negotiations with insurance companies
You can be represented in court, if needed
How long does it take to settle a slip and fall case?
The timeframe varies, but usually takes between 3-18 months depending on:
- The severity of injury
- Complexity of a case
- The willingness of the insurer to negotiate
The length of cases is often longer when victims require long-term medical treatment. This is because they need to recover fully before they can calculate damages.
Should You Hire A Slip and Fall Attorney?
Many victims wonder, “Are slip and fall cases hard to win?” The truth is, they can be–without legal help. An attorney can increase your chances of receiving maximum compensation.
Investigation of the accident thoroughly
Insurance companies are aggressive in their negotiations
You can take your case to court if needed
We offer free legal representation to victims of slip and falls. We know the emotional and financial toll that these accidents can have on you and we are dedicated to helping you get the compensation you deserve.
Call us for a no-obligation consultation at (727) 822 8818
Final Thoughts
To win slip and fall cases, you need strong evidence, medical documentation and legal expertise. Even though many cases are settled out of court by the insurance companies, hiring an attorney will ensure that you do not get cheated. Do not wait to seek legal assistance if you or someone close to you was injured in a slip-and-fall accident.
Need help with a slip and fall claim? Call Jeanette Secor at (727) 822 8818 to receive a free consultation. We do not get paid until you win!