If you are wondering whether you have to file a lawsuit to get paid after a slip and fall accident, you should consult with a slip and fall lawyer who can advise you on your individual case. In some cases, you may not have to file a lawsuit, but it could be to your advantage to do so.
If you or a loved one suffered harm on someone else’s property, you will most likely file a claim with their insurance in the first instance. However, sometimes relying on insurance does not get you very far in recovering compensation.
Insurances may try to keep any payout low or could deny your claim altogether. Filing a court case can be a way of signaling to the insurance and the negligent party that you are serious about pursuing a claim, and this can help with settlement negotiations.
Slip and Fall Accidents
According to figures from the Centers for Disease Control and Prevention (CDC), 36,338 people died in 2017 due to unintentional falls. However, not every accident and fall is a premises liability case, also known as a slip and fall accident. In order to have a case, you have to prove that the property owner is legally responsible for your injuries. A business or property owner may be legally responsible for your case if:
They Failed to Recognize or Remove a Dangerous Condition
If a dangerous condition exists on a property, for example, a pothole, missing handrail, uneven stairs, or a tripping hazard, it is up to the property owner to remove the dangerous condition in a timely manner. If the property owner failed to address a hazard, or warn of it, they may be responsible for your damages.
They Caused the Dangerous Condition
In some instances, the property owner or an employee actually causes the dangerous condition. This can happen if they leave an obstacle in the way or fail to secure a part of the property, for example.
The property owner will most likely try to assert that you caused the accident due to carelessness, hence you are responsible for your own injuries. Having a slip and fall accident lawyer by your side can help you prove your case against a negligent property owner.
Out-of-Court Settlements
You do not always have to file a lawsuit to get paid after a slip and fall accident. In some cases, you can settle with an insurance company out of court. However, it is important to remember that the insurance companies typically have their own best interests at heart and not yours. This means that they may try to push a lowball settlement offer on you. It can be important to take a step back from any offers. We advise that you do not agree to anything verbally or in writing before you have the chance to get legal advice.
First of all, accepting a settlement usually prevents you from taking legal action, so you will want to ensure that the settlement covers all your damages. Secondly, are you sure that you know exactly what your damages are, and what your future damages may be?
A slip and fall accident lawyer can help you calculate your damages, including estimated future damages due to any expected future medical bills or future loss of wages.
Importantly, a lawyer can also negotiate with the insurance companies on your behalf, aiming to obtain a fair settlement that is in your best interests. If they are unable to achieve this, they can then take your case to court. Sometimes, just knowing that you will go all the way to get justice can make an insurance reconsider. They may not want to get embroiled in a legal battle that has the potential to be costly for them. In fact, according to the Bureau of Justice Statistics (BJS), most personal injury cases are settled out of court.
Ben Crump Law, PLLC Can Help You
If you suffered injuries due to the negligent actions of a property owner, do not worry about the legal issues. We can take charge of your case and help you navigate an out-of-court settlement or court case. We will aim for an adequate settlement that compensates you for your damages such as medical bills, lost wages, and any pain and suffering, among others. If someone else caused your injuries and expenses, they should pay for your damages. We can fight for your best interests.
While we can do our best to negotiate an out-of-court agreement with the defendant and insurance companies, sometimes you have to be prepared to go to court in order to get justice. If the other side knows that you and your lawyer will fight for your rights, doing whatever it takes, you may stand a better chance of getting your due whether in a court or out of court.
Call Ben Crump Law, PLLC to determine whether you have a case: 800-959-1444.
