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How Many Slip and Fall Cases Go to Trial?
It is a fact that most slip and fall cases do not go to trial. This is good news, considering that a court battle can be costly and time-consuming for all parties involved. In general, all but a small fraction of these cases are resolved out of court.
If you have been injured in an accident on someone else’s property, be sure to get a fair settlement offer. How? Get legal representation from a qualified NYC slip and fall injury lawyer.
Contact the New York City law firm of Hill & Moin LLPat (212) 668-6000. Schedule your initial free consultation today to learn about your Personal Injury Recovery SolutionsⓇ.
What to Do When a Property Owner’s Negligence Caused Your Accident
For a slip and fall claim to be successful, it must be proven that the owner of the property’s negligence caused the accident. For example, if a property owner failed to repair a broken step or clean up a spill, and that caused you to slip and fall and suffer broken bones, you may be entitled to compensation for your injuries.
Don’t hesitate to get help from an experienced lawyer. Slip and fall attorneys can help you prove negligence and build a strong case for financial compensation.
Beware: Insurance Companies May Attempt to Settle Quickly
A slip and fall case typically involves a claim made by a victim who suffered injuries due to a fall that occurred on someone else’s property. It is crucial for anyone hurt in this manner to file a slip and fall claim as soon as possible to secure financial restitution.
With a slip and fall claim, you are required to present convincing evidence proving liability. Gathering the required evidence to substantiate your claim is a complex undertaking.
The complexity involved in proving a link between the slip-and-fall accident and the alleged owner of the property’s negligence is a critical factor. Negligence must be established in slip and fall settlement cases.
Most slip and fall cases are settled outside of court because of the significant difficulties in establishing a direct correlation between the fall accident and the property owner or manager’s supposed negligence.
Due to this, insurance companies are known to settle fall cases out of court. The amount they offer is often much lower than what could be obtained with the help of a lawyer.
Insurance companies may attempt to exploit the financial strain and trauma that you are experiencing. They hope to compel you to accept an offer without pursuing further legal action. In other words, insurance companies want you to accept a quick settlement offer that is less than what would be awarded in a slip and fall trial.
A slip and fall attorney can assess the insurance claim and determine a fair slip and fall settlement amount. An experienced attorney can then use his or her negotiation skills to recover compensation from the property owner’s insurance company, sparing you from further anguish.
Common Causes of Slip-and-Fall Accidents
A slip-and-fall accident can occur anywhere, and the reasons behind them can vary. The National Flooring Safety Institute reports that over 1 million ER visits each year in the US are related to these accidents.
Some of the most common types of slip and fall injuries come from accidents due to:
- Wet floors
- Uneven surfaces
- Poor lighting
- Slip-and-fall accidents on ice or snow
- Tripping because of debris
Wet floor accidents
Wet floor accidents are caused by floors that are not properly cleaned or marked. This can result in a slip-and-fall on a wet or slippery surface. The common causes of wet floor accidents include spills, leaks, and tracked-in water.
Stairway accidents occur when stairways are not correctly maintained. This can cause uneven or slick surfaces.
Poor lighting accidents
Poor lighting accidents happen when there is insufficient lighting in a building or area. This can contribute to tripping or falling.
Uneven surface accidents
Uneven surface accidents occur when surfaces are not level, resulting in tripping and falling. Common causes include broken stairs or an uneven sidewalk, potholes, and raised or lowered areas of flooring.
Slip-and-fall accidents on ice or snow
Slip-and fall-accidents on ice or snow can happen when surfaces are not adequately cleared of snow and ice. Common causes include property owners not using enough salt. They may not clear snow and ice in a timely manner. The property owner may not provide enough traction on the surfaces.
Trip accidents can result when the debris is not cleaned up. Common causes include cluttered floors, debris from construction or repair projects, and items left out of place.
How Property Owners Can Be Held Accountable for Your Slip-and-Fall Accident
It is essential to note that property owners can prevent many slip and fall cases by taking reasonable steps to maintain their property in a safe condition. This includes regularly inspecting and maintaining the property, promptly addressing any hazards, and providing adequate warning of any known hazards.
Slip and fall claims can be challenging, and fall victims should seek legal advice. Fall cases settle out of court most of the time, but in some instances, the cases go to trial.
The property owner’s negligence can cause fall injuries, such as broken bones or worse. You are entitled to financial compensation for your injuries. However, you may be tempted by a low, yet quick and seemingly timely, settlement that a property owner’s insurance company offers.
In this regard, it is advisable to obtain legal counsel and fully explore your legal options. It is crucial to seek the assistance of an experienced personal injury attorney who can help you obtain the financial restitution you deserve.
Seek Compensation for Your Injuries After a Slip-and-Fall Accident
If you have suffered injuries due to an accident on someone else’s property, you may be eligible to receive compensation for damages incurred. A slip and fall attorney can help you build a strong case so you can get a fair insurance claim for expenses related to your slip and fall injuries.
By means of a personal injury claim, you can seek restitution for:
- Medical expenses incurred due to your injuries
- Lost wages
- Non-economic damages
The compensation you receive can cover significant amounts and help you recover from the financial impact of the fall. Let us focus a bit more on what can be included as compensation in slip and fall lawsuits.
Your medical bills can be a significant part of your compensation claim. They can include not only the cost of initial medical treatment but also expenses for any ongoing medical care, therapy, or rehabilitation required due to your fall injuries. Slip and fall lawyers can help you compile and present medical records and bills to support your claim.
This category of damages is for wages you may have lost while injured. Both your past and future earnings, lost due to your inability to work, may be counted.
Non-economic compensation refers to the losses that you suffered due to your injuries that are not easily quantifiable in financial terms. Pain and suffering, mental anguish, and loss of enjoyment of life are some examples of non-economic damages.
These damages can be challenging to prove in a personal injury case. An experienced slip and fall lawyer can help you present compelling evidence to support your claim.
How to Obtain a Fair Settlement for Your Slip and Fall Claim?
Most slip and fall cases settle out of court, with the property owner or the insurance company agreeing to pay restitution to the injured party. Your slip and fall lawyers can negotiate with the other party to obtain fair compensation. Hiring a lawyer helps to increase the success of your claim.
What If Your Slip and Fall Case Has to Go to Trial?
In some cases, the parties may not be able to agree on appropriate compensation. The slip and fall case may have to go to trial. If your slip and fall attorneys determine that you should go to trial, your lawyer can prepare your case for that next step.
An experienced lawyer can help you gather evidence and understand the legal process. He or she can represent you in court. Your lawyer can help you establish your valid claim that a negligent property owner is the responsible party for allowing a dangerous condition to exist and is the reason your fall occurred.
Get Back on Your Feet With Help From Slip and Fall Lawyers
Dealing with an accident can be overwhelming. This is especially true when it comes to navigating the legal system. However, with the guidance of a skilled lawyer, you can be confident that your slip and fall case is in capable hands.
How many slip and fall cases go to trial? The answer is that only a few such cases end up in court. It is often more advantageous for parties to settle slip and fall claims out of court to avoid high litigation costs.
Whether your claim settles out of court or goes to trial, our focus remains on getting you fair compensation for your medical bills, lost wages, and injuries. While you focus on recovering from your fall accident, let us handle the legal aspects of your slip and fall case and fight for the justice you deserve.
The personal injury law firm of Hill & Moin LLP can help you. We can connect you with New York slip and fall injury lawyers who can provide you with the right assistance.
Contact our New York City representatives by calling (212) 668-6000 and schedule your initial free consultation today to learn about your Personal Injury Recovery SolutionsⓇ.
Don’t wonder about your rights!