Are Slip and Fall Cases Hard To Win?

January 3, 2023

Slip and fall or trip and fall accidents can cause severe financial and physical damage.  Injuries resulting from slip and fall accidents can range from wrist and ankle sprains to broken bones. Depending on the level of gravity and the force of impact, the damage could range from minor to severe. In addition, people who fall can even suffer a dislocation of the patella (kneecap).

You may be wondering what to do if you have been in a slip-and-fall accident recently and are considering filing a personal injury case. First, understand that slip and fall cases can be difficult because you must prove three things that are crucial:

  1. You must prove that the slip & fall accident occurred due to someone's negligence.
  2. You have to prove that it directly resulted in causing you injuries.
  3. You also have to prove that the injuries from the slip & fall accident have resulted in direct financial costs.

A slip-and-fall accident can take many forms. Plus, there are many things that could cause a slip-and-fall accident, including a lack of warning signage about wet floors or unsafe sidewalks.  It may be difficult to prove your case if a property owner fails to protect you against a slip-and-fall injury.  We will be discussing why it is hard to win your slip-and-fall case.

Typical percentage of Slip & Fall cases going to trial?

Most slip and fall cases can be settled out of court, as defendants know that it is usually less costly and takes less time than going to trial.

Although most slip and falls cases can be settled out of court, every case is unique and the outcome will depend upon the circumstances surrounding your accident.

Some cases settle before a jury trial, while others settle hours or days before the trial.

The willingness of an insurance company to offer a fair settlement for the victim of a slip-and-fall accident will often determine whether your case goes to trial.

How long does it take for Slip & Fall cases to settle?

It can take anywhere from a few weeks to several years to resolve a slip and fall case. It all depends on what circumstances are involved.

Slip and fall victims who are the victim of negligence can have some control over how long it takes for their case to settle.

While you can speed up the process, you should always ensure you have enough time to reach a fair settlement.

How to prove negligence in a slip & fall lawsuit

Each property owner is responsible for maintaining their property and resolving any problems as quickly as possible in order to avoid serious injury.

It may appear simple, but it can be difficult to prove negligence by the property owner.

The argument of property owners is that you were partly to blame for the accident, and therefore you are responsible.

You must show that the property owner was aware of the danger and that it wasn't fixed. Or that their carelessness caused the injury.

Calculating for slip & fall pain and suffering 

There are two methods to calculate suffering and pain damages.

The multiplier method is the first.

The multiplier method allows you to use numbers between 1.5 and 5 depending on the severity of your injuries. This number can be calculated by your personal injury lawyer.

The multiplier method states that your pain and suffering can be worth 1.5 to 5 times the cost of repairing the injury.

When calculating pain-and-suffering damages, insurance companies are almost always a bit lower than your attorney. Your personal injury lawyer can help you negotiate the pain and suffering damages you are entitled to.

The per diem method is another option. Latin for per diem, it means "by day".

The name suggests that you will receive a dollar amount every day starting at the time of the accident until you attain maximum medical improvement.

How to Win a Slip and Fall Case

It doesn't matter what type or severity of personal injury case it may be, it will all depend on your ability and willingness to prove negligence.

You must also prove the other elements of negligence in a slip-and-fall accident claim.

This means that you must prove that the defendant owed a duty to you, that you suffered financial and physical damages, and that the defendant's negligence caused these damages.

A typical case of a car accident can be proven with the help of police reports and video footage.

This type of evidence is not usually required in slip-and-fall cases.

Slip and fall accidents are usually based on the first-person accounts.

You will need to show that the property owner, or someone responsible for the property, knew of the danger and had sufficient time to fix it or remove it.

If you are lucky enough, security cameras were installed so that you can capture video of your accident as well as the events leading up to it.

Perhaps you have witness statements that support your claims.

Worst-case scenario: No one was present when the accident occurred, there are no security camera footage and no evidence that you can use to prove the property owner knew about the danger.

This worst-case scenario is very common. It is why slip and fall cases are so difficult to win.

Have you been hurt in a slip and fall accident? Contact our Miami Personal Injury Lawyer Today!

Michael D. Beharry, Esq.

An experienced personal injury attorney in the Miami area, who is committed to helping injured accident victims with cases involving car accidents, truck accidents, motorcycle accidents, rideshare accidents, wrongful death, slip and falls, as well as brain and spinal cord injuries.

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