Do most slip and fall cases go to trial? The answer is no, and as many as 95% of slip and fall cases are settled in negotiations, meaning you can get compensation from those at fault sooner.
If you’ve been hurt by a property owner’s negligence, you can partner with a qualified Duluth premises liability lawyer who can establish what happened, who is to blame, and how much you deserve for your slip and fall settlement.
Showing Fault Can Affect Whether Your Slip and Fall Case Goes to Trial
In a slip and fall case, you must show how the property owner is at fault for your injuries. Doing so allows you to secure compensation for your medical bills, lost wages, and other expenses. Your slip and fall lawyer will collect evidence to demonstrate these four elements:
- There was a hazard or dangerous condition the property owner knew about or should have known about.
- The owner did not fix the hazard or warn you about it.
- The hazard is the direct cause of your injuries from your slip and fall.
- You have expenses associated with your injury that require compensation from the owner due to their negligence.
When attorneys can show all these are true, most slip and fall cases don’t go to trial. With evidence such as photos and medical records, your lawyer has a stronger chance of negotiating a satisfactory settlement out of court. Doing so allows you to get on the road to recovery faster with the resources you need.
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Slip and Fall Cases Depend on Many Factors
If you’ve been hurt on someone else’s property because of their carelessness, you need to understand the various factors that impact whether your slip and fall case goes to trial. One of the primary elements your personal injury attorney must establish is whether you had a right to be on the property at the time you were hurt. If so, then you likely have a valid claim for damages from the owner.
There are three kinds of property visitors under Georgia law:
- Invitees: If you’re an invitee, the owner gave you permission to enter the premises by a direct invitation, such as to a party or a ticket to a concert, or you are a patron of a business. Property owners owe the highest duty of care to invitees to keep them safe from harm.
- Licensees: A licensee is on a property for both their own benefit and that of the property owner, such as a delivery person carrying products into a store for the business owner to sell. The duty of care for a licensee is almost as high as for invitees.
- Trespassers: Trespassers don’t have a right to be on a property, so owners don’t owe them any duty of care other than refraining from intentionally hurting them. An exception is if the trespasser is a minor child.
Other factors that can determine if your slip and fall case goes to trial are whether you bear any blame for the fall and whether the store owner knew about the hazard.
Your slip and fall attorney will work to minimize any fault you might have, such as wearing flip-flops in a store where you slipped on a spilled liquid so that you can secure maximum compensation. They will work to demonstrate how the store owner is to blame for not cleaning up the spill.
Most Slip and Fall Cases Settle in Negotiation, Not Trial
Your slip and fall lawyer will collect photos, accident reports, videos, witness statements, and medical records to show how the property owner is to blame for your injuries. They will begin negotiating with the owner’s insurance company or lawyer, working to show what happened and what compensation you deserve. By building a powerful case, your attorney uses their knowledge and skill to reach a fair and appropriate settlement amount.
Insurance adjusters often try to limit what they have to pay since they are trying to protect their business profits. They may make a low initial offer and hope you’ll jump at the chance to settle quickly. While you have that option, working with an experienced personal injury lawyer means you have someone on your side who can advise you whether the insurance company could pay more.
You may ask, “How do I negotiate a settlement agreement?” The answer is that your lawyer will help you calculate the full value of your claim and push back on the insurance representatives until they make a fair offer. This may take a few days or even weeks, but if it appears the other side won’t deal with you, your attorney may advise you that it’s time for your slip and fall case to go to trial.
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What Happens if Your Slip and Fall Case Goes to Trial
If your slip and fall case goes to trial, your attorney will file the paperwork, prepare you for court, and continue negotiating with the other side. It’s common for cases to settle once a trial has begun and each side sees the other side’s evidence. One advantage of going to court is that you have a better chance to secure compensation for your pain and suffering.
Insurance policies don’t often pay for general damages, but your attorney can guide you through calculating pain and suffering value in a personal injury case, such as mental anguish, chronic pain, and loss of enjoyment of life. You may be better able to get payment for these costs by presenting your case to a judge and jury. Along with your special damages (medical costs and lost income, for example), you may also have the chance to receive punitive damages if the other side’s actions qualify.
Although they are rare, the court may award punitive damages if the property owner purposely caused a hazard or was especially negligent in fixing it. Generally, you have to provide additional evidence demonstrating the situation. Although punitive damage amounts are often high, you may struggle to receive them if the property owner can’t pay them.
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Get the Legal Help You Need for Your Slip and Fall Case
To learn more about whether most slip and fall cases go to trial and how to handle your personal claim, contact Slam Dunk Attorney Injury Lawyers today.
We offer free consultations, and we are dedicated to obtaining the maximum compensation for your case. Call or use our contact form to meet our team and get started with a slip and fall lawyer today.
Call or text 404-951-3513 or complete a Free Case Evaluation form
