Like with any personal injury claims, there are challenges that can come with slip and fall lawsuits. That does not mean slip and fall cases are hard to win, however. In many cases, injuries stemming from a slip and fall can result in a quick financial settlement. The specific facts of each claim will ultimately determine whether a slip and fall lawsuit is successful.
If you have questions about your chances of success with a slip and fall lawsuit, you do not have to leave your claim to chance. A personal injury lawyer can evaluate your case and put you in the best position to recover maximum compensation for your injuries.
Winning your case through a settlement or jury award
Winning a slip and fall case does not only mean getting a favorable jury verdict. Like with most personal injury claims, very few slip and fall cases ever make it all the way to a trial. “Winning” a case means getting a fair amount of compensation to restore all of the losses resulting from your accident – whether the monetary sum comes in the form of a jury award or a pre-trial settlement.
Most slip and fall lawsuits are resolved by both sides agreeing to a settlement. While some defendants opt to settle because of the high cost of litigation, many do so knowing that they were ultimately responsible for the plaintiff’s injuries.
Some slip and fall injury cases do ultimately go to trial, which involves unique challenges for plaintiffs compared to other injury claims. The good news is that overcoming the challenges of a slip and fall lawsuit is well within the skill set of a talented attorney.
Challenges at trial
Every plaintiff seeking compensation for a personal injury claim must prove that the defendant in their case was negligent. However, slip and fall claimants face additional challenges with proving all of the elements of a negligence claim.
Specifically, it can be more difficult to demonstrate that the property owner owed the plaintiff a duty of care compared to other types of lawsuits. Even if the injuries from a slip and fall are severe, a plaintiff might not be entitled to compensation if the property owner lacked a reasonable opportunity to address the hazard. Whether or not the property owner’s efforts to address the hazard were reasonable or not will fall to the jury.
The amount of time the property owner or occupier had to respond to these hazards will play a major part in determining liability. For example, a property owner that ignored a broken handrail for months might face more civil liability compared to a spilled drink in a grocery store that was only on the floor a matter of seconds before the fall.
The evidence available in a slip and fall case may not be as robust as in a car accident claim or other personal injury matter. For example, the police rarely make reports of slip and fall accidents. One of the ways a Los Angeles slip and fall lawyer could assist with your case is by thoroughly investigating how your fall occurred. This could involve tracking down witnesses, recovering security camera footage, and compiling your medical records. With the guidance of the right attorney, you can prevail in your slip and fall injury claim.
Talk to an attorney about your slip and fall case
While a slip and fall injury lawsuit can be complex to litigate, it is not uncommon for these claims to result in a favorable outcome for the plaintiff. The attorneys at Salamati Law have a long track record of success in handling slip and fall injuries, and we are prepared to guide you step-by-step through the process. Call anytime, 24/7, to schedule your free consultation.