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Do Most Slip & Fall Cases Settle Out of Court?

Written by Ankin Law Office

The majority of slip and fall cases settle out of court because a court trial involves significantly higher expenses and longer time frames to reach a verdict.

Slip and Fall Settlements

Slip and fall accidents cause a large percentage of personal injuries. In the United States, slip and falls account for 8 million injuries each year that send at least 1million people to the hospital emergency room with serious injuries including sprains, torn ligaments, broken bones, neck and back injuries, and head trauma that often results in brain damage.

Although slip and falls are a leading cause of accidents in the home, workplace, and outdoors, cases are often difficult to win in court because slip and fall lawyers must prove these important factors:

  • The accident was caused by another party’s negligent actions
  • The accident caused the plaintiff’s injuries
  • The accident resulted in injuries and related expenses for the plaintiff
  • The defendant owed the plaintiff a duty of care

In cases where another party’s negligence is proven to cause injuries, a premises liability lawsuit can be filed by slip and fall lawyers. However, insurance adjusters may raise complex issues that question proof of negligence and prolong the timeline of the case.

In 95% of slip and fall cases that go to court, juries find that plaintiffs are at least partially at fault for their own accidents and injuries. Even with the best legal representation, jury trials can be difficult to win. To save money, time, and stress-related to a court trial, many plaintiffs opt to let their slip and fall lawyers negotiate an out-of-court settlement with the defendant’s lawyer.

Proof of negligence is necessary to win most slip and fall cases, so many cases that don’t involve work-related injuries are settled out of court. The plaintiff’s slip and fall lawyer often negotiates a settlement for damages with the defendant’s lawyer and insurance company instead of filing a personal injury lawsuit in court.

Depending on the nature and severity of a person’s injuries, an average slip and fall settlement can range from $5,000 to $75,000. In most cases, injury victims are awarded compensation for their medical expenses, rehabilitation and/or therapy costs, lost wages, and physical and emotional pain and suffering caused by injuries.

Categories: Premises Liability