Slip And Fall Settlements

 

Can slip and fall cases settle out of court?

Some slip and fall cases can be settled out of court because the property owners are conversant with the fact that it is less expensive and time-consuming settling such cases out of court to avoid the lengthy court trial processes. However, all slip and fall cases are unique with varying outcomes depending on the circumstances and facts of the case.  When building a credible case, the victim is responsible for proving that the injuries incurred were a result of negligence from the property owner by not warning the property users about the underlying hazardous conditions on the property. The victim must also prove that the injuries were directly caused by these conditions.

What is a typical settlement for a slip and fall injury?   

Typical slip and fall case settlements depend on the extent of the victim’s injuries and the strength of their case. Compensation awarded takes care of the victim’s monetary losses, as well as, their pain and suffering. Solving these cases out of court requires careful negotiations from both parties. Once the claims are validated by the other party, the victim then receives an agreeable amount meant to resolve the case. The case can either be resolved through informal discussion or formal mediation.

Types of slip and fall injury

There are various types of slip and fall injuries such as broken bones, head trauma, damage of the spinal cord, pain and suffering, permanent scarring, and wrongful death. Broken bones are the most common type of injury that most victims sustain. It is characterized by lacerations, broken bones, and damaged soft tissue. Most of these injuries are not always fatal but the treatment could be costly. Head trauma is sustained when the victim hits the ground resulting in a concussion and / or other head injuries. Spinal cord damage is common among slip and fall cases involving seniors usually due to underlying back problems that are already existent. In case such victims slip and fall they are more likely to sustain spinal cord injuries. Pain and suffering depend on the nature of the victim’s slip and fall injury, if a victim scrapes their body on the ground after falling, they may be left with permanent scarring. The property owner is liable for compensating for the pain and suffering endured in such circumstances. In worst-case scenarios, a slip and injury could result in the death of the victim. In an event where an injury results in death, the property own compensates the beneficiaries of the victim.

How many slip and fall cases go to trial?

Over 1 million people seek emergency medical care in the United States due to slip and fall every year. Out of these numbers, only 2 percent of slip and fall cases proceed to a jury trial. Most people tend to hesitate to take action for a personal injury claim because of the rigorous process in the courtroom when testifying. Once a victim takes the personal injury claim to court, they become an active participant in the settlement process with some powers on whether to go for settlement or trial as advised by an attorney.

The statistics of slip and fall settlement

Most slip and fall cases have been compensated after producing the required evidence proving that the sustained injury is a result of the property owner’s negligence.

How long do you have to wait before you file a slip and fall lawsuit?

The deadline for filing a slip and fall lawsuit varies from one state to the other. However, most states allow for a leeway of at least two years between filing a lawsuit and when the injury took place. Every victim must understand their state’s statute of limitations to avoid filing their cases when the acceptable time has elapsed.

 

 

Citation

Pilla, Steven Di. Slip and Fall Prevention: A Practical Handbook. London: CRC Press, 2003.

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