Do Most Slip-and Fall Cases Settle Out of Court?

People often underestimate the frequency of slip and fall accidents. They can happen anywhere – at the shopping mall, at a friend’s residence, or even on the sidewalk. Such incidents can cause severe harm to individuals, and the victims are likely to claim for damages. One of the most pressing questions for those involved in such cases is: Are slip and fall cases usually resolved through a settlement rather than going to trial?

What Do You Need To Know About Slip and Fall Cases? 

Slip and fall accidents are legal claims that come under the category of premises liability law, which states that any owner or manager of a property is expected to ensure that the place is safe for use.

If a person is injured by falling on the premises through slipping, tripping, or falling when the property owner knows that the floor is wet, the surface is uneven, or the lighting is inadequate, then the person has the right to file a case against the property owner. 

Nonetheless, it is often a challenge to establish negligence in these circumstances, especially since it entails documenting the incident and seeking legal representation.

The Legal Process

In any slip and fall case, the injured person (the plaintiff) wants to recover the money for the treatment cost, lost wages, and the injury suffered. 

The process begins with filing a claim with the property owner’s insurance company. If the insurance company challenges the claim or offers a low amount of compensation, the plaintiff may seek legal action.

The issue of Out of Court Settlements

The out-of-court settlement means that the two parties concerned decide not to go for a trial and, instead, find a solution to the problem on their own. 

This mostly entails bargaining between the plaintiff’s attorney and the accused’s insurer or counsel. 

They can take place at any time in the legal process, including before a case has been filed or during the pretrial phase of a case.

The Question: 

Does the majority of slip-and-fall cases really end up in settlement? 

The answer to this question is yes. Most of the slip and fall cases end up in settlement, and you don’t have to go to court. 

However, to get maximum compensation for the damages, you should have a reputable slip and fall lawyer by your side. 

Why You Should Focus on Settling the Slip and Fall Cases Outside The Court? 

1. Cost-Effectiveness

Litigation is expensive. Counsel fees, costs, and expenses of experts and other professional witnesses can be costly. 

For this reason, both plaintiffs and defendants prefer to minimize these costs by opting for a settlement before the case goes to court. 

For plaintiffs, this means they can secure payments for their losses without having to go through a more complicated process and spend extra money in the process. 

For defendants, it can mean a reduction of the amount of money they stand to lose and the unpredictability of trial.

2. Time Efficiency

Legal proceedings can be rather long and drawn out. A case may take months or even years to come to trial, and by the time the plaintiff is awarded damages, he or she is already burdened with medical costs and loss of income. 

A trial takes time, and so does the process of appealing the case; hence, a court settlement is a faster way of coming to a settlement, and the plaintiff can proceed with their life.

3. Uncertainty of Trial Outcomes

Trials are unpredictable. However, this does not mean that a plaintiff is sure of success in a case, even if the facts seem to be in their favor. 

The jurors are influenced by different aspects, and the judges have considerable leeway in their decisions. 

One major reason for a trial is that both parties could end up losing, and that is why most of them opt for a settlement out of court.

4. Privacy Concerns

Litigation documents are part of the public record, and therefore, anyone can find out the details of the particular case. 

It can be detrimental to the parties involved, especially the plaintiffs and defendants who would prefer not to have their information in the public domain. 

Settlements, for instance, are usually private, which enables the parties to address the issue quietly.

5. Emotional Toll

People who go to court may experience stress and pressure. Recounting the story, going through the deposition process, and waiting for a trial that could take years may also be very distressing to the plaintiff. 

One advantage of settling out of court is that the plaintiff does not have to undergo all this stress and can concentrate on regaining health.

Why Should You Always Have a Slip and Fall Lawyer By Your Side Even When Getting Settlement Outside The Court? 

Having a slip-and-fall accident lawyer by your side is crucial to securing maximum compensation outside of court. 

These legal professionals possess the expertise to navigate the complexities of premises liability law, ensuring that all relevant evidence is meticulously gathered and presented. 

They are adept at negotiating with insurance companies, leveraging their knowledge of legal precedents and tactics to advocate fiercely on your behalf. 

An experienced lawyer can accurately assess the value of your claim, including medical expenses, lost wages, and pain and suffering, ensuring you do not settle for less than you deserve. 

Their presence not only enhances the credibility of your case but also provides you with peace of mind, knowing that a skilled advocate is handling the intricacies of your claim, allowing you to focus on recovery.

Getting Maximum Settlements With Mokaram Law Firm 

Choosing Mokaram Law Firm to handle your slip and fall case ensures you receive maximum compensation every time. With a proven track record of success, Mokaram Law Firm brings unparalleled expertise and dedication to every case. 

Our team of experienced attorneys understands the intricacies of premises liability law and has the skills to effectively negotiate with insurance companies, ensuring you receive the full value of your claim. 

Contact us today to get personalized attention, meticulously gather evidence, and build a robust case to support your claim.