Slip-and-fall accidents are common personal injury claims. Whether they occur in a grocery store, outdoors on a sidewalk, or at work, they can lead to significant injury, pain, and medical bills. You may be wondering, “Are slip-and-fall cases hard to win?”
These personal injury cases require strong proof of the property owner’s negligence. Understanding the complexities involved in a slip-and-fall case can help injured parties prepare for the legal process and improve their chances of success.
Understanding Slip and Fall Cases
Property owners are responsible for maintaining a safe environment for visitors and to keep their premises free from hazards. If they fail to fix or warn about a dangerous condition and someone is injured as a result, they may be held liable.
Some examples of slip and fall accidents include:
- Uneven or cracked sidewalks
- Wet or slippery floors
- Poor lighting
- Cluttered walkways
- Icy or snowy surfaces
Winning a slip and fall case takes significant proof to prove the property owner’s negligence in maintaining the premises and keeping visitors safe. In order to prove negligence occurred, you’ll need to establish a duty of care, how the property owner breached that duty, and that your injury directly resulted from the breach. An experienced slip-and-fall attorney can help you gather the evidence you need.
Challenges in Winning a Slip and Fall Case
One of the biggest hurdles associated with slip and fall cases comes with proving negligence. The injured party must be able to establish that:
- The property owner knew or should have known about the dangerous conditions
- The owner failed to take reasonable actions to address the danger
- The hazardous condition directly caused the injuries
Defendants often argue that they were unaware of any hazardous conditions or that they took reasonable steps to prevent accidents. Without strong evidence, proving negligence can be difficult.
In many cases, the defense will argue comparative negligence, meaning that the injured party was partly responsible for their fall. If the court finds the plaintiff partially at fault, the compensation could be reduced if not eliminated. Examples of this claim could include:
- The plaintiff was not paying attention.
- The hazard was obvious and avoidable.
- The injured party was wearing inappropriate footwear for the situation.
The injured party also needs to provide strong evidence to support their claim, such as photographs of the hazard, surveillance footage, witness testimony, and medical records linking the injury to the fall. If the plaintiff fails to gather evidence immediately after the accident, the injury can be much more difficult to prove. Property owners often remove hazards quickly, making it hard to tell that the dangerous condition existed in the first place.
Fighting Insurance Companies
In many slip-and-fall cases, the defendant’s insurance company handles the claim. Insurance companies try to minimize payouts using methods like:
- Denying liability
- Offering low settlements
- Questioning the severity of injuries
Without the help of a skilled slip-and-fall lawyer, the injured party may struggle to negotiate a fair settlement. Insurance adjusters know how to find ways to devalue claims, but attorneys understand the law and how to counter this.
Compensation for Slip and Fall Cases
The key to winning your case involves gathering strong evidence quickly, proving the property owner’s negligence, and working with a knowledgeable attorney who can help fight for your rights and the compensation you deserve. Successful slip and fall cases may result in compensation for:
- Medical expenses, such as hospital bills, physical therapy, or future treatments
- Lost wages
- Pain and suffering, including emotional distress or reduced quality of life
- Disability or long-term care costs
FAQs
Q: How Hard Is It to Win a Slip and Fall Case?
A: Winning a slip-and-fall case can be difficult because all proof lies with the plaintiff. The injured party must prove the property owner directly caused their fall due to negligence. This requires strong evidence, such as surveillance footage, witness statements, medical reports, and maintenance records. The defendant may claim that the injured party was partially or fully to blame for the accident, which can also make it more difficult to win.
Q: What Percentage of Slip and Fall Cases Settle?
A: Many slip-and-fall cases settle out of court. Insurance companies and defendants often prefer settling to avoid court costs and the uncertainty of trial outcomes. Settlements typically result from negotiations between the injured party’s attorney and the insurance company and can include payment for medical expenses, lost wages, and pain and suffering. The settlement amount generally depends on the severity of the plaintiff’s injuries.
Q: How Many Slip and Fall Cases Go to Trial?
A: Some slip-and-fall cases go to trial. Trials can be time-consuming, expensive, and risky for both parties. For that reason, many cases are settled before going to trial. If liability is disputed, or the insurance company refuses to offer a fair settlement, the case may end up going to trial, and a jury determines whether the property owner was negligent and how much the injured party deserves.
Q: How Much Is Pain and Suffering Worth in a Slip and Fall?
A: The value of pain and suffering in a slip and fall case varies based on factors such as the severity of the injuries, the impact on daily life, and the extent of medical treatment necessary. Severe injuries can lead to greater pain and suffering payouts. An attorney can help value your case at a consultation.
Contact a Slip and Fall Attorney Today
If you or a loved one has been injured due to another’s negligence, the personal injury attorneys at Guenard & Bozarth can help. We’re dedicated to fighting for the rights of injury victims and ensuring they receive the compensation they deserve. Our experienced attorneys provide personalized, aggressive legal representation tailored to your needs.
We understand that dealing with a slip and fall injury can be overwhelming, both physically and financially, but you don’t have to face it alone. Let us guide you through every step of the process, from filing claims to negotiating settlements on your behalf. If necessary, we can represent you at trial to fight for your rights.
Slip and fall can be hard to win — especially if you go it alone. Contact us today to schedule a consultation to discuss your case, and let Guenard & Bozarth help you secure the justice and compensation you deserve.
