Many slip and fall cases settle out of court as property owners understand it is typically less expensive and time-consuming to settle out of court than to go through a lengthy trial process. However, while many slip, trip, and fall cases settle out of court, every case is unique and the outcome will depend on the specific facts and circumstances.
Proving a Slip and Fall Case
Every slip and fall accident is different, and therefore every case has its own specific and unique set of facts and circumstances. In order to prove a slip and fall case, a victim must prove the following:
- The property owner had a dangerous or hazardous condition on their property
- The property owner failed to warn anyone of the danger or correct the hazard
- The dangerous condition directly caused the victim’s injuries
Ultimately, the victim must prove that the property owner acted negligently by either failing to warn or failing to clean or fix the dangerous condition that caused an injury, per Florida Statute § 768.0755.
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Types of Slip and Fall Cases
Slip and falls occur in both residential and business properties. Some locations of slip and falls are wet and slippery floors, icy or snowy parking lots and other surfaces, uneven walkways, cluttered areas, inadequately lit areas, ditches, potholes, or damaged areas such as floors and stairs. Slip and falls can cause serious injuries or even death.
Types of Visitors
Visitors to businesses or personal property have different levels of responsibility and care owed to them by property owners. Invitees (a customer or patron to a business establishment) or licensees (a social guest of a personal residence or establishment) should receive a high level of care by the property owner to ensure their safety. Unless a visitor or guest to a property is a trespasser, the property owner has the responsibility to ensure that their property is free from any dangerous or hazardous conditions. If you suffered injuries on a business or personal property, you may receive compensation for your injuries through a settlement process.
Some slip and fall cases settle out of court long before a trial occurs, while other cases settle just days before the trial actually happens. While every case is different, some cases take more time to settle than others because the parties wait to see all of the evidence and determine how it may impact the strength of their case. It is challenging to determine how long settlement negotiations will take, and in many cases, the timing of negotiations and settlements will rest upon how willing an insurance company is to offer a fair and just settlement to a victim in a slip and fall case.
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Depending on the circumstances on the case, your case may also go through the mediation process where both parties will negotiate with each other with the assistance of a neutral third party called a mediator. Mutual compromises may result from the mediation process, as this is often the last step in the settlement timeline. You have the right to legal representation by an attorney in the mediation process. Since every slip and fall case is different, it is difficult to determine how much a settlement amount will total. However, the mediation process can lead to a resolution and the avoidance of a trial.
Preparation for Trial
Even if most slip and fall cases settle out of court, preparation for a trial is often necessary in case the trial does not settle. This will mean that all parties will need to prepare interrogatories, deposition testimonies, and evidence as if a trial were to happen. Even though there is preparation for trial, settlements occur at every stage with slip and fall cases.
Compensation for Your Slip and Fall Case
If you slipped and fell on someone’s property, you may have the right to receive compensation for your injuries. Some of the types of compensation you may receive for your slip and fall case may include the following:
- Medical bills (doctor’s visits, diagnostic testing, therapy, medications, etc.)
- Loss of wages and the loss of future wages
- Pain and suffering
- Home maintenance, housekeeping, and other miscellaneous expenses that resulted from the injuries suffered after the slip and fall accident
Contact Ben Crump Law, PLLC
If you slipped and fell while on another person’s property, you may have the right to receive compensation for your injuries. Most slip and fall cases settle out of court. Contact Ben Crump Law, PLLC at 800-647-3113 to learn how we handle these types of cases and for a free consultation regarding your specific slip and fall case.