How Do Slip and Fall Cases Progress?

Slipping and falling accidents can cause many medical expenses and lost wages. You can recover compensation for these expenses and your pain and suffering if you prove that the property owner’s negligence caused your injuries. Like any civil lawsuit, a slip-and-fall case goes through several critical stages. Your attorney will handle most of this process, but you must understand what to expect at each location.

Complaint

Tipping and falling on small objects might be humorous, embarrassing, or unpleasant. Major falls, however, can cause serious injuries and severely impede your quality of life. These accidents often result in significant medical bills, lost wages, and pain and suffering. If the carelessness of a property owner or occupant caused you harm, you might be entitled to compensation. Your legal representative will serve the defendant with a summons and file a lawsuit on your behalf. The defendant then has several weeks to answer the complaint. During this time, get a good slip and fall lawyer to investigate the accident scene thoroughly. It includes taking pictures of the area, reviewing your medical records, and interviewing eyewitnesses. You and the defendant will exchange evidence in writing during the discovery process. It can include sworn written statements called affidavits and sworn testimony called depositions. Your attorney will then develop theories of liability for your injury. This phase can last months or even years.

Discovery

During this stage, your lawyer gathers extensive information on how your fall happened, the errant actions of the business or property owner that led to the accident, and detailed medical expenses and other damages you’ve suffered. Once your lawyer has gathered all the evidence, they’ll file a demand letter with the insurance company outlining what they expect regarding compensation.

Premises liability is a branch of law that maintains that a landowner or caretaker has a duty of care to anybody who enters their property. Slip and fall cases fall under this branch of law. The type of care that’s owed depends on whether the person who fell entered the property as an invitee, a licensee or a trespasser. Your attorney must demonstrate that the defendant broke their duty of care by allowing or causing the events that directly resulted in your damage for your claim to succeed. It can include showing that your landlord knew of a dangerous situation in your apartment and failed to fix it.

Negotiations

Most slip-and-fall cases end before trial with a monetary settlement between the parties. But your injury lawyer will file a civil lawsuit if a payment isn’t reached. A lawsuit can take several months to a year or more to resolve. It is because of the time required to conduct discovery and other legal proceedings. Insurers may try to deny or reduce your claim. It is because they want to protect their profits. They’re often influenced by factors such as: If the defendant fails to agree to a fair settlement offer, your lawyer can take them to court. It can be a long and costly process. However, your lawyer can strengthen your case by identifying all the liable parties that could pay for your damages. It’s important because more sources of payment can help increase your settlement amount. The parties will sign a settlement and release agreement upon reaching an agreement. Your slip and fall attorney will review this document to ensure it protects your rights.

Trial

During the discovery phase, both sides can learn more about each other’s case. It can include interrogatories and requests for production, which must be answered in writing under oath, and depositions, where witnesses are asked to speak out-of-court under oath. The amount of time this phase takes can vary widely on a case-by-case basis. After the discovery process, your slip-and-fall lawyer can begin serious settlement negotiations with the defendant. Your attorney will try to reach a fair and full compensation agreement for your injuries, including any future expenses that might be expected. Defendants may also file motions, such as a motion for summary judgment, arguing that insufficient evidence supports their claims. It gets the courts involved and could take months to a year to resolve. However, most slip-and-fall cases are settled outside of court.