Are Slip and Fall Cases Hard to Win?
Just how many slip and fall cases go to trial?
If you’re asking this question, it’s clear you’re a recent victim of a slip and fall accident. Perhaps you were out shopping for groceries, then you slipped and fell while in the grocery store’s premises. Or maybe you were at your place of work, where you slipped and fell down the stairs, breaking some bones in the process.
When you’re thinking of pursuing a slip and fall case, it means you believe another party is liable for your injuries, damages, and other losses. But what are the odds your case will be settled quickly and out of court? What’s the chance it will go to trial?
Continue reading to find out.
How Many Slip and Fall Cases Go to Trial?
Right off the bat, you want to know the number of slip and fall cases that go to trial.
That answer would be 5 percent or less. We say “would be” because it’s difficult to keep track of all slip and fall cases going on around the country.
But here is what we know for sure. An overwhelming majority of personal injury cases (over 95 percent) settle pre-trial or out of court. This leaves 5 percent and considering that slip and fall cases are the most common type of personal injury cases, it’s fairly accurate to conclude that close to 5 percent of slip and fall cases go to trial.
What Determines Whether Your Case Will Go to Trial?
Now that you know only a small number of slip and fall cases go to trial, you’re probably wondering what’s different about these cases. Why can’t they be settled out of court like the rest?
There are a number of factors that can make it hard for your cases to be settled pre-trial. Here they are:
Inability to Reach a Settlement
When you file a slip and fall case, you’re actually holding another party liable. For example, let’s say you have a slip and fall accident while on business premises. The owner of the building or business has a duty to provide a safe and healthy environment for the building’s users, so they’ll compensate you if you can prove that they failed in their duty of care.
An injury attorney (take a peek to learn more about what they do) will file a claim on your behalf. The other party’s liability coverage provider will evaluate it and determine whether to settle it as is, or give an alternative offer. Through negotiations, you should be able to reach a settlement agreement.
However, if you don’t, your lawyer can take the case to trial.
The Defendant Refuses to Accept Liability
In some cases, the defendant will refuse to accept liability. Perhaps they believe there’s no wrongdoing or negligence on their part.
Either way, when someone you believe is responsible for your injuries refuses to accept liability, you can sue them. This means your case will likely go to trial.
Know How to Handle Your Slip and Fall Case
So, how many slip and fall cases go to trial? A small percentage, usually below 5 percent.
Are they hard to win when they go to trial? Well, a lot will depend on the nature of your case, your preparation, and the competence of your slip and fall lawyer. To give yourself the best chance, hire an experienced attorney.
All the best and keep reading our blog for more tips and insights.
