Do Most Slip and Fall Cases Settle Out of Court?
Many slip and fall cases settle out of court, but all claims must establish negligence to achieve any sort of financial outcome. This can be accomplished by gathering and presenting compelling evidence to the insurance company. This information must show that the other party knew about the slip and fall hazard and failed to address it in a timely manner. Then, as a result, you sustained injuries.
A Florida slip and fall lawyer from our team can compile evidence and engage in all correspondence with the insurance company on your behalf. Often, we can negotiate a settlement without going to trial. However, if we’re not able to come to a satisfactory amount, we can represent you in court.
How Many Slip and Fall Cases Go to Trial?
It’s uncommon for slip and fall cases to go to trial. Court proceedings are time-consuming, and the related costs pile up quickly, so insurance companies want to settle cases out of court if they can.
Nevertheless, it does happen. When a case goes to trial, it’s usually because the parties can’t agree on liability and/or damages, so the insurance company may refuse to settle.
Disputed Liability for a Fall Injury
The insurance company may assert that their policyholder, oftentimes the property owner, wasn’t legally responsible for the slip and fall. They could say there’s not enough evidence to prove:
- That there was a dangerous condition in the first place
- That the property owner knew or should have known about the condition
- That the property owner failed to take action to fix the condition
It’s also possible for them to blame you for your injuries. For example, the insurer may claim that you weren’t careful or created the slip and fall hazard yourself, and that you should be the one to pay for your losses.
The Value of the Slip and Fall Claim
The insurance company may say that your injuries aren’t as severe as you’ve made them out to be. Alternatively, they could say that something unrelated to the case caused your injury.
That’s why it’s important to see a doctor as soon as possible after your slip and fall. In addition to ensuring you’re okay and that you get the treatment you need, it will create a paper trail from the incident to your injuries. The longer you wait, the more difficult it may be to tie the two together.
How Long Do Most Slip and Fall Cases Take to Settle?
The time frame to settle slip and fall cases varies based on several factors, such as:
- The severity of your injuries: The more serious your injuries, the longer it may take to settle your case.
- The number of parties involved: Having multiple parties involved in your case can make it more complicated and drag out the legal process.
- If the insurance company cooperates: The insurance company doesn’t always want to pay out your full claim, so negotiations may take longer.
You must also be aware of the statute of limitations Florida imposes on lawsuits. If you’re filing a personal injury suit, you must take action before the second anniversary of your slip and fall, according to Florida Statutes § 95.11. However, if your loved one passed away from complications related to the fall, you would typically have two years from the date of their passing to file suit.
If you don’t bring your case against the liable party within the allotted time, a judge could refuse to hear your case and declare it null and void. In that event, the insurance company would no longer be compelled to compensate you for your losses.
Given enough notice, our Florida premises liability lawyers can help you meet the deadline.
How to Establish Negligence in a Slip and Fall Case
To resolve your slip and fall case, you must establish the other party’s negligence. In doing so, you would demonstrate that these four elements were present:
- Duty of care: The property owner or manager is obligated to keep the premises free of danger. Should any hazards arise, they are to address them in a reasonable amount of time. This may include cleaning up spills, repairing damage, clearing debris, or posting warning signs.
- Breach of duty: There was a hazardous condition on the property, and the liable party knew about it. It could have been slick floors, broken stairs, or uneven surfaces. Whatever the danger was, they didn’t address it in time. This failure to act constitutes negligence.
- Causation: The liable party’s negligence led to your slip and fall.
- Damages: You’re now suffering from economic and non-economic damages. Examples include medical bills, lost income, pain and suffering, and scarring and disfigurement. Those who lost a loved one to this incident may qualify for wrongful death damages.
Documenting Your Fall to Prove Negligence
Please write down your account of the slip and fall. Include what you remember about the fall itself and what happened in the moments before and afterward. Your testimony is crucial to your case, but it’s not enough. Our personal injury lawyers must gather various forms of evidence to build a solid case. Examples include:
- The incident report or the property owner’s written account of the slip and fall
- Pictures of the hazard, the slip and fall scene, the surrounding conditions, and any apparent injuries
- CCTV or video surveillance footage
- Your relevant medical bills and records
- Statements from witnesses
Our lawyers can use this evidence to illustrate your fall and how it affected you. From there, we can present the case to the insurance company and request compensation from them. Should the insurer not give you a fair settlement, our team can negotiate until we come to an agreement. If we can’t settle your slip and fall case out of court, we can go to trial on your behalf.
Contact Rosenberg & Rosenberg for Help With Your Slip and Fall Case
Our legal team will strive to settle your slip and fall case out of court. However, if the insurance company doesn’t cooperate, we are more than willing to continue the fight for compensation in a trial. Call Rosenberg & Rosenberg today for a free consultation. We have Creole- and Spanish-speaking team members.
