Are Slip and Fall Cases Difficult to Win?

A slip and fall incident can cause both financial and physical disaster for the injured party. If you were thinking of following a slip and fall lawsuit, it’s important to understand that these cases can be very challenging. There are several factors that you need to be able to prove in order to win your case. And all the factors are a critical part of a successful outcome to your slip and fall lawsuit.

First of all, you have to prove that the accident was due to another person’s negligence. You also have to prove that the injuries were the proximate cause of this negligence. Lastly, you’re going to have to prove that your injuries have financial consequences or costs. There are many, many ways that are slip and fall accidents can occur. A failure to maintain safe sidewalks or parking lots and lack of a warning about a wet floor can definitely cause a slip and fall accident. The cause for slip and fall accidents is definitely endless.

Even if you can prove that the property owner or landlord fails to protect a person’s information, it still may be tough to prove your allegations.

Slip and Fall Cases That Go to Trial

So, how many cases actually go to trial? The fact is that many slip and fall cases actually get settled out of court. This is because the defendants do not want you to face the cost of a trial. It’s much less expensive for a defendant you settled before going to trial. That being said, it’s important you understand that each case is unique. The outcome of your case will depend on the specific circumstances that surround the slip and fall accident. Some slip and fall cases settle way before a trial even takes place. And others settle just hours before the trial is to start. Often, the willingness of the insurance company to offer a reasonable settlement to the plaintiff will determine whether or not a slip and fall case goes to trial.

The time to settle a slip and fall case can take anywhere from several months to a few years to settle. It all depends on the unique circumstances that surround your case. Generally, victims of slip and fall injuries have limited control regarding how long it takes for their case to be settled. And although there are things that you can do to ramp up the process, it’s important to ensure that you get a reasonable award.

Proving Negligence in a Slip and Fall Case

According to the law, every property owner has the duty to keep their property in a safe condition. They also are responsible for fixing any dangerous conditions or hazards. Keep in mind that even though this may sound straightforward, it can still be a challenge to prove that the property owner was specifically negligent.

Often, a property owner will argue that the defendant causes some or all of the slip and fall accidents. Therefore, the person is responsible for their own injuries. To prove that the property owner negligent was responsible for the incident and your injuries, it must be shown that the property owner either had knowledge of a dangerous condition or should have known about a hazardous condition and failed to repair it. This proof shows that the property owner was careless and caused the dangerous condition that caused the incident and your injuries.

The Value of a Slip and Fall Case

There are a couple of ways for damages to be calculated in a slip in full case. One method is known as the multiplier method. This message may be used to determine pain and suffering. New York slip and fall attorneys can help you determine this value. The bottom line with this method is that your case could be worse anywhere between 1.5 to five times the cost for medical expenses. When determining pain and suffering damages in a case, the insurance company will always come in somewhat lower than your attorney. That’s one of the reasons why it’s always wise to have an attorney represent you in a slipping full case. Your personal injury attorney is experienced in negotiating the best settlements for your case. Your personal injury attorney is also a strong advocate on your behalf. A personal injury attorney will fight to get what you deserve for your damages.

The other method used to calculate pain and suffering damages in a slip and fall case is known as the per diem method. With this message, the plaintiff is paid a specific dollar amount every day from the day the incident occurred and until the day the plaintiff has recovered.

No matter what type of slip and fall case you have, the outcome of a case will always be dependent on the ability to prove the defendant’s negligence. And you must prove all the elements of negligence. You must prove that the defendant owed a duty of care, breached that duty of care, suffered visual and financial damages from the incident and the defendant is a direct cause of your injuries.

If you’re lucky, you may have some video footage of the incident or even have a witness to attest to your allegations. However, typically that type of evidence does not exist in a slip and fall case.

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