Schrier Law Group knows that slip and fall accidents (a type of premises liability case) can be devastating, both physically and financially. This isn’t exactly startling news. But are they hard to win?
If you’ve been involved in a slip and fall accident and you’re thinking of filing a personal injury claim (with Schrier Law Group), you’re probably wondering what you’ll have to do to win.
The Challenges of Slip and Fall Cases
Slip and fall cases are challenging because you have to prove three things, all of which are critical.
1 – You have to prove that your accident was due to someone else’s negligence.
2 – You have to prove that it directly caused your injuries.
3- You have to prove that your slip and fall accident injuries have caused direct financial costs.
There are several ways a slip and fall accident can occur. It can be due to a lack of signage warning about a wet floor or a failure to maintain safe sidewalks. Actually, the number of things that can cause a slip and fall accident is almost infinite.
When a property owner fails to protect you from a slip and fall injury, it may still be difficult for you to prove your case.
We will discuss why it can be difficult to win your slip and fall case.
Do Most Slip and Fall Cases Go To Trial or Settle?
The vast majority of slip and fall cases will settle out of court because defendants understand that it is typically less expensive and much less time-consuming than taking the case to trial.
But even though most slip and fall cases settle out of court, each case is unique, and the outcome depends on the unique circumstances surrounding the accident.
Some cases settle long before a jury trial takes place, while others can settle days or even hours before a trial is set to take place.
Many times, whether or not your case goes to trial is determined by the willingness of the insurance company to offer a fair settlement to the victim of a slip and fall accident.
How Long Do Slip and Fall Cases Take To Settle?
The time it takes to settle your slip and fall case can be anywhere from a few months to a few years. It all depends on the circumstances involved.
Victims of slip and fall accidents due to someone else’s negligence have little control over how long it takes your case to settle.
You can do things to speed up the process, but you always want to be sure you take enough time to be sure you get a fair settlement.
How Do You Prove Negligence In A Slip and Fall Case?
Every property owner has a responsibility to maintain their property and remedy any hazards as soon as possible to avoid injuries.
Although it seems straightforward, it can be quite difficult to prove that the property owner was negligent. Property owners are likely to argue that you had shared in fault or had all of the fault in your accident and that you are responsible for your injuries.
To prove that the property owner is responsible for your injuries, you must prove that they should have known about the dangerous condition, that they didn’t fix it, or the owner’s carelessness caused the dangerous condition.
Why It’s Hard To Win a Slip and Fall Case
No matter what type of slip and fall (personal injury) case you have, it will always rely on your ability to prove negligence. In a slip and fall accident claim, you also have to prove all the other elements of a negligence claim.
This means you have to prove that the defendant owed you a duty of care, that you suffered physical and financial damages, and that the negligence of the defendant caused those damages.
In a typical car accident case, negligence can be proved with police reports and camera footage. You usually don’t have that type of evidence in slip and fall cases. In slip and fall accidents, you generally have to rely on first-hand accounts of the accident.
As mentioned above, you will also have to prove that the property owner or someone in charge at the property knew about the hazard and that they had enough time to repair it or remove it but didn’t.
In a worst-case scenario, no one was around when your accident happened, there is no security camera footage, and there is no evidence you can use to claim that the property owner knew of the hazard.
That worst-case scenario is all too common, which is why it is so hard to win slip and fall cases.
The Schrier Law Group handles many slip and fall cases. Schrier Law has the resources necessary to help you and your family score a successful outcome in your slip and fall case. It is important that you have your rights defended by someone who knows the law. Contact the Schrier Law Group for a personal injury attorney in Florida today!