Is It Hard to Win a Slip and Fall Case?

Slip and fall accidents are, unfortunately, very common occurrences. The National Safety Council (NSC) has published that more than 800,000 people in the United States are hospitalized every year because of injuries they have suffered as a result of slip and fall accidents. Therefore, if you have suffered an injury because of a slip and fall, you could be entitled to compensation, regardless if you were hospitalized or not.

If you or loved one has been the innocent victim of a slip and fall accident on someone else’s property, contact us today at The Law Place for a free consultation with one of our accident lawyers. Our law firm has 75 years of combined experience and has dealt with many cases involving slip and fall accidents before. If you have any queries or questions regarding slip and fall accidents or your eligibility to claim, call The Law Place today at (941) 444-4444.

What Is the Average Settlement for a Slip and Fall?

Slip and fall cases can prove challenging to win because you will often be required to prove three important factors. These factors are:

• That the slip and fall accident occurred because of someone else’s negligence.
• The slip and fall accident directly resulted in your injuries suffered.
• The injuries you have suffered have direct financial costs.

Slip and fall cases can vary greatly, so finding out what the average settlement for a slip and fall case is, is very difficult. Usually, the amount of compensation that a person who has suffered injuries as the result of a slip and fall will very much depend on the circumstances surrounding their accident. Some of the factors which can determine how much compensation you may be entitled to are:

• How severe the injuries are that you have suffered.
• How great of an impact the injuries have had on your life.
• Who the negligent party is, often the property owner.

If you or someone you know has suffered injuries from a slip and fall accident, call us at The Law Place for a free consultation. In this consultation, one of our personal injury lawyers will use knowledge from their previous experience of dealing with slip and fall cases to estimate how much your case could expect to achieve in a settlement. If you have suffered a slip and fall injury, you may be facing an immense amount of medical bills. The compensation that you could win would not only pay off these bills but would also compensate you for the pain and suffering you have experienced through no fault of your own.

Is It Hard to Prove Negligence?

Thousands of people are injured every year in slip and fall accident cases in Florida; however, winning the compensation for the injuries suffered can be a complex task. This is because proving the negligence of a property owner is so difficult to do. This is why we advise that if you have been the victim of a slip and fall that you seek legal representation for your case. An experienced accident lawyer at The Law Place will be able to investigate your accident and gather the evidence necessary to prove the negligence of the party at fault.

You are entitled to claim compensation for your slip and fall accident because these types of accidents are covered under a category of law known as premises liability. Premises liability essentially means that a property owner has a duty of care to any visitors or customers they may have to ensure that their property is in a reasonably safe condition. If the owner of the property is aware of a potentially dangerous defect on their property, they should aim to fix the problem as soon as they can. They should also warn any visitors they have that their property is in a dangerous condition as an attempt to prevent any injuries from occurring.

Sometimes, however, an owner of a property will be fully knowledgeable of potentially dangerous defects on their property, such as an uneven sidewalk or broken handrails, and fail to do anything about it. It is not uncommon for business owners to often put off maintenance work, which is desperately required on their properties. If this is this case, when a slip and fall accident occurs, the owner has clearly breached their duty of care and can be classed as negligent.

It can be difficult proving that the negligence of another person caused your injury. We advise that you seek the legal assistance of an accident lawyer at The Law Place. One of our lawyers will be able to investigate your case and gather the essential evidence needed to prove the negligence of the party at fault. This evidence can include surveillance footage, witness statements, and photographs of the scene.

How to Document Your Slip and Fall Injury

Documenting your slip and fall injury thoroughly is essential for building a strong personal injury claim. Here are steps to ensure that your injuries and other losses are well-documented:

1. Photographic Evidence – Take photos of the accident scene from various angles, showing the hazardous condition that led to your fall. Also, photograph your injuries immediately after the accident and as they heal, to provide visual proof of the severity and progression of your injuries.
2. Medical Records – Seek medical attention immediately following your fall, even if you believe your injuries are minor. Request copies of all medical reports, treatment plans, and bills related to your injuries. These documents serve as official records of the nature and extent of your injuries, as well as the medical and financial losses incurred.
3. Witness Statements – If there were any witnesses to your accident, collect their contact information. Their accounts can provide independent corroboration of the circumstances surrounding your fall. If possible, obtain written statements from them as soon as possible after the incident.
4. Incident Report – If your fall occurred in a business or public place, ensure that an incident report is filed with the property management or owner. Request a copy of this report, as it can serve as an official record that the accident occurred on their premises.
5. Personal Diary – Keep a detailed diary documenting your recovery process, including pain levels, mobility issues, emotional distress, and how the injuries impact your daily life and activities. This can help demonstrate the ongoing effects of your injuries.
6. Expense Records – Save all receipts and records of out-of-pocket expenses related to your fall, including medications, medical equipment, transportation costs to medical appointments, and any modifications made to your home to accommodate your injuries.
7. Employment Records – If you lost wages or had to take time off work due to your injuries, obtain documentation from your employer detailing your normal wages and the time missed from work.

Should I Get a Lawyer for a Slip and Fall?

We advise that seeking the legal guidance of an accident lawyer after suffering an injury caused by a slip and fall is in the victim’s best interest. The main reason for this is because of a legal tool in Florida called comparative negligence, which can be massively detrimental to you if you do make a claim. Comparative negligence is essentially when a court will compare the person who has suffered the injury to the property owner, who is deemed to be largely at fault. Sometimes the court will decide that a person who was careless enough to get injured should not win the compensation they are claiming for, despite the property not being reasonably safe.

A personal injury lawyer at The Law Place will work to ensure that your slip and fall injury case is as strong as possible so that you can win the compensation you deserve and avoid the fault of the accident being put on yourself.

Not only this, but an accident lawyer will work hard to gather the essential evidence required to prove the negligence of the property owner at fault. They can handle all of the paperwork and negotiations with other parties and insurance companies so that you don’t have to. By hiring an accident lawyer after suffering a slip and fall accident, you will alleviate some of the stresses you may be facing as a result of your injuries.

Having an experienced personal injury lawyer behind you can massively improve your chances of receiving a more satisfactory settlement. Furthermore, if you find that negotiations have been unproductive and you are unhappy with the settlement offered to you, one of our lawyers will not hesitate to take your slip and fall case to court. We work our absolute hardest to ensure that our clients get compensated for the maximum amount possible for the injuries that they have suffered.

Call us today at The Law Place in Florida for a free consultation if you have any further questions regarding how a personal injury lawyer can help you. Our legal team is here for you 24 hours a day, seven days a week.

How Does a Slip and Fall Case Work?

If you or someone you know has suffered injuries caused by a slip and fall accident, the property owner or their insurer may offer you a settlement far less than what you truly deserve for your trauma suffered. An experienced personal injury lawyer will work closely with you to build your slip and fall case to ensure that you are firmly placed into a strong negotiating position with the insurance companies.

We would advise that you hire an accident attorney for a law firm with a wealth of experience in dealing with slip and fall accidents. This is because if you are unhappy with the settlement offered to you by the property owner or their insurance company, you may wish to take your slip and fall accident case to court. You would need an experienced attorney as they would have to try and persuade the judge and jury that the property owner you are claiming against failed to:

• Fix the dangerous condition of their property of which they were fully knowledgeable of. An example of this would be that they failed to correct an uneven sidewalk or clean a wet floor.
• Warn their visitors that aspects of their property were in an unsafe condition and could cause an injury if not careful.

The lawsuit that your accident attorney would put forward would also assert the facts of your case. These would include:

• Where the injury was suffered.
• How exactly the slip and fall accident occurred.
• Who the party held liable for their negligence should be.
• What the injuries and damages suffered by the victim were as a result of the fall.

Is It Hard to Win a Slip and Fall Case? FAQ

Is it challenging to win a slip and fall case?

Winning a slip and fall case can be challenging as it requires the injured victim to provide sufficient proof that the property owners were negligent. The success of a personal injury claim in these situations depends on demonstrating that a hazardous condition existed and that the property owner knew or should have known about the condition but failed to address it.

What do I need to prove in a slip and fall lawsuit?

In fall lawsuits, the injured party must show that the property owners failed to maintain their premises safely, leading to the fall injuries. This involves proving that a hazardous condition was present, the property owner was aware or should have been aware of the condition, and no actions were taken to rectify it. Additionally, it must be clear that the hazardous condition directly caused the injuries.

How can fall injuries impact the outcome of a personal injury case?

The severity of fall injuries can significantly impact the outcome of a personal injury case. Severe injuries typically result in higher medical and financial losses, which can increase the potential monetary compensation. Documenting all injuries, medical treatments, and out of pocket expenses is crucial for building a strong case.

Do most fall cases settle, or do they go to trial?

Many fall claims settle out of court as both parties may prefer to avoid the unpredictability and expenses of a trial. Settlements allow the injured victim to recover compensation more quickly, but it’s essential to ensure the settlement offer covers all medical expenses, lost wages, and other related costs for a fair compensation.

What expenses can I pursue compensation for in a fall claim?

In a fall claim, you can pursue compensation for various expenses, including medical bills, lost wages due to time off work, and other out of pocket expenses related to the injury. A skilled fall attorney can help you calculate the total impact of your fall injuries to ensure you seek adequate compensation.

How can a fall attorney assist in my personal injury cases?

A fall attorney can provide crucial assistance in personal injury cases by gathering evidence, negotiating with the liable party, and building a strong case to pursue compensation. They can also offer a free legal consultation to evaluate your case and guide you through the legal process toward a successful outcome.

What constitutes a ‘reasonable person’ in the context of slip and fall cases?

In the context of slip and fall cases, a ‘reasonable person’ refers to a standard used to evaluate the property owner’s actions or inactions. The court considers whether a reasonable person in the property owner’s position would have identified the hazardous condition and taken steps to mitigate the risk to prevent the accident.

How long do I have to file a personal injury claim after a slip and fall accident?

The timeframe to file a personal injury claim after a slip and fall accident, known as the statute of limitations, varies by jurisdiction. It’s crucial to act promptly to ensure your claim is filed within the legal deadlines. Consulting with a personal injury attorney can help you understand the specific time limits in your area and ensure your claim is filed on time.

Call The Law Place

Winning a slip and fall case involves proving negligence on the part of the property owner and demonstrating the extent of your injuries and losses. While these cases can be complex, having an experienced personal injury attorney on your side can significantly increase your chances of recovering fair and adequate compensation for your injuries and financial losses. If you’ve been injured in a slip and fall accident, consider reaching out for a free legal consultation to discuss your options for pursuing compensation.

The Law Place understands how daunting the process may seem to claim compensation after suffering a slip and fall accident. We would like to reassure you that most slip and fall cases get resolved in settlements and never reach the courtroom. Nevertheless, our accident attorneys are here for you.

If you have any further questions or queries regarding how slip and fall cases work, call us today at (941) 444-4444 for a free consultation.