An insurance claim or lawsuit for a slip and fall accident requires a great deal of evidence and proof. You must first prove the owner of the store or property where you experienced injuries acted negligently.
Negligence means the at-fault party inadvertently did something or did not do something that caused you to slip and fall. For example, if a spill remains on the floor and creates a slick surface that causes you to slip and fall, that can constitute negligence. If someone fails to shovel snow or apply salt to their stairs or entryway and you slip and fall, that also constitutes negligence.
These actions classify as negligent because they fail to meet the duty of care reasonable people would have met in order to protect your personal safety.
Injuries in Slip and Fall Accidents
A slip and fall accident usually occurs unexpectedly and can happen almost anywhere: at work, in a retail store, in a local park, in an office setting, or in your apartment building. According to the Centers for Disease Control and Prevention (CDC), falls are especially prevalent in older adults. A slip and fall accident may lead to one or more of these injuries:
- Severe sprains, fractures, and broken bones
- Hip, spine, and traumatic brain injury
- Emotional trauma and fear of falling or venturing out
- Slip and fall accidents can accumulate an extensive amount of medical debt.
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Slip and Fall Accidents at Work
If you or a family member are injured in an accident at work, you may have concerns as to whether slip and fall cases are hard to win against an employer. You may qualify for financial compensation from your employer for a slip and fall accident that leaves you with injuries or an inability to work.
What Percentage of Slip and Fall Cases Go to Trial?
Only around 5% of slip and fall cases will go to trial. A personal injury lawyer may help you build a solid case that meets your state’s guidelines and time restrictions. In many cases, when a lawyer builds a strong case, the insurance company might offer to pay an out-of-court financial settlement. Accepting a financial settlement means:
- You avoid going to court and waiting for a judge or jury to value your claim.
- You give up the right to ever file another claim for your slip and fall injuries.
- You receive money for your injuries, and for your expenses and losses right away.
While an injury settlement offer may occur, whether or not you accept the offer requires some thought. Even if you need the money, it’s important that you do not accept the first settlement offer.
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What’s the Average Payout for a Slip and Fall?
Slip and fall injury settlement amounts will vary. Many claims settle in the $30,000-$40,000 range, but there are no guarantees. The value of your case will depend on your economic and non-economic damages. The more serious your injuries are, the higher your settlement will be. Some cases that result in permanent disability have settled in the millions.
Accepting a settlement offer without a lawyer on your side who can accurately value your case may result in compensation that does not cover your medical expenses in the future. Once you accept a settlement, you usually forfeit any rights to take further legal action against a responsible party.
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Can You Win a Slip and Fall Case?
You can win your claim if your slip and fall attorneys prove the three elements that are necessary for any successful personal injury case. These are:
- Breach of duty: You must demonstrate that the at-fault party had a duty to keep you safe. For example, to mop up a water hazard because it was their job.
- Liability: Your slip and fall lawyers must prove that the defendant’s negligence means they are liable for your injuries and damages.
- Damages: Finally, you must prove that your injury resulted in financial losses like medical bills and missed work.
How Long Does It Usually Take to Settle a Slip and Fall Case?
It could take anywhere from 3–18 months for most slip and fall lawsuits to reach a settlement. The length of time your case will take will depend on the extent of your injuries, how long it takes you to recover, and to what extent you are able to recover. This is because you don’t want to settle until you’re sure how much your medical bills will be.
Consider a Lawyer After a Slip and Fall Accident
Slip and fall accidents catch most people completely off guard and cause injuries that tend to have a consequential effect. In other words, the accident may cause injuries that lead to expenses and an inability to work. Even if you are wondering if slip and fall cases are hard to win, these immediate and consequential expenses should not fall on you alone.
Do not let the injuries you suffer in a slip and fall continue to harm you by creating financial upheaval. Ben Crump Law, PLLC does not hesitate to take on tough cases, and you will not have out-of-pocket expenses if we take on your case. Call us to discuss the potential of your slip and fall case.
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