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How Hard Are Slip and Fall Cases To Win

by

Personal Injury Law Book

Schrier Law Group knows that slip and fall accidents (a type of premises liability case) can be devastating, both physically and financially. This isn’t exactly startling news. But are they hard to win?

If you’ve been involved in a slip and fall accident and you’re thinking of filing a personal injury claim (with Schrier Law Group), you’re probably wondering what you’ll have to do to win.

The Challenges of Slip and Fall Cases

Slip and fall cases are challenging because you have to prove three things, all of which are critical.

1 – You have to prove that your accident was due to someone else’s negligence.

2 – You have to prove that it directly caused your injuries.

3- You have to prove that your slip and fall accident injuries have caused direct financial costs.

There are several ways a slip and fall accident can occur. It can be due to a lack of signage warning about a wet floor or a failure to maintain safe sidewalks. Actually, the number of things that can cause a slip and fall accident is almost infinite.

When a property owner fails to protect you from a slip and fall injury, it may still be difficult for you to prove your case.

We will discuss why it can be difficult to win your slip and fall case.

 

Do Most Slip and Fall Cases Go To Trial or Settle?

The vast majority of slip and fall cases will settle out of court because defendants understand that it is typically less expensive and much less time-consuming than taking the case to trial.

But even though most slip and fall cases settle out of court, each case is unique, and the outcome depends on the unique circumstances surrounding the accident.

Some cases settle long before a jury trial takes place, while others can settle days or even hours before a trial is set to take place.

Many times, whether or not your case goes to trial is determined by the willingness of the insurance company to offer a fair settlement to the victim of a slip and fall accident.

How Long Do Slip and Fall Cases Take To Settle?

The time it takes to settle your slip and fall case can be anywhere from a few months to a few years. It all depends on the circumstances involved.

Victims of slip and fall accidents due to someone else’s negligence have little control over how long it takes your case to settle.

You can do things to speed up the process, but you always want to be sure you take enough time to be sure you get a fair settlement.

How Do You Prove Negligence In A Slip and Fall Case?

Every property owner has a responsibility to maintain their property and remedy any hazards as soon as possible to avoid injuries.

Although it seems straightforward, it can be quite difficult to prove that the property owner was negligent. Property owners are likely to argue that you had shared in fault or had all of the fault in your accident and that you are responsible for your injuries.

To prove that the property owner is responsible for your injuries, you must prove that they should have known about the dangerous condition, that they didn’t fix it, or the owner’s carelessness caused the dangerous condition.

Why It’s Hard To Win a Slip and Fall Case

No matter what type of slip and fall (personal injury) case you have, it will always rely on your ability to prove negligence. In a slip and fall accident claim, you also have to prove all the other elements of a negligence claim.

This means you have to prove that the defendant owed you a duty of care, that you suffered physical and financial damages, and that the negligence of the defendant caused those damages.

In a typical car accident case, negligence can be proved with police reports and camera footage. You usually don’t have that type of evidence in slip and fall cases. In slip and fall accidents, you generally have to rely on first-hand accounts of the accident.

As mentioned above, you will also have to prove that the property owner or someone in charge at the property knew about the hazard and that they had enough time to repair it or remove it but didn’t.

In a worst-case scenario, no one was around when your accident happened, there is no security camera footage, and there is no evidence you can use to claim that the property owner knew of the hazard.

That worst-case scenario is all too common, which is why it is so hard to win slip-and-fall cases.

The Schrier Law Group handles many slip and fall cases. Schrier Law has the resources necessary to help you and your family score a successful outcome in your slip and fall case. It is important that you have your rights defended by someone who knows the law. Contact the Schrier Law Group for a personal injury attorney in Florida today!

Read Our Reviews

Schrier Law Group is rated 5 out of 5.0 stars based on 22 review(s).

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My name is David and I’ve been represented by mr. Schrier law firm twice in my life and I got nothing more then good things to say about them they are very professional and they really Take their clients I really recommend them every time I called them they were always there for me especially the attorney he’s very professional and he got me the money did I deserve by representing me and fighting for me I will use their services again them no questions asked if I ever need them to me they are the best God bless them all

David Cuello

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The firm is super professional and handled my husbands vas amazingly. I should refer them to some in need of an attitude.

Isabel Sabrina De Ramirez

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The Schrier Law Group are hands down the best and should be your go to for all your legal troubles. They are such professionals; efficient, persistent and don’t take no for an answer. Thank you so much Chatriece, Geissie, Paul & everyone at Schrier Law Group for your patience and making my win possible!

Marika Ford

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Shrier Law Group extremely thorough. A really caring Law Firm. My previous lawyer sat on my case for 2 years did nothing with it by chance came across Mr Paul schreier firm and explaining my case he noticed I was not hopeful but he was able to encoirage me and was able to resolve my case within a year I'm so grateful for Mr Paul Schrier and Mrs Chatrice. They go above and beyond. 20⭐

West Jean

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I must say that Mr. Schrier was there when we needed immediate advice after my wife got rear-ended by an unlicensed speeding lunatic. We called a handful of attorneys in our area, but after waiting 2- 5 days they would drop her case. We found Mr Schrier online and he explained the pros/cons and he took the case. We waited patiently, and in time he was able to tracked down the actual owners of the car and get their auto insurance info!

Gerard Avalos

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The firm pays close attention to locating every possible insurer liable for my injuries. They return my calls in 24-48 hours. Friendly staff who care.

Mr K

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Attention to detail with the different insurance coverages. Returned my phone calls, which is very important.

David Kuczenski

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Was a wonderful experience getting through a tough process!

Edward Pawley

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Both my wife and I feel grateful for the treatment and the professionalism of the staff. Maritza is great doing her job. It is the second time that I request your services and we are pleased and grateful. Many blessings to this Law Firm

Reynier Perez

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Awesome wonderful patient Intelligent thoughtful Paul is the best

Theresa Caprice Caprioli

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Thank you so much for going above and beyond what I had ever anticipated. It was truly a pleasure to work with you all, especially Chatrice. I will most definitely refer The Schrier Law Group to my family and friends.

Cat Breen

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The Schrier LG is an excellent firm! They accepted my case, provided me with all the procedural information, maintained a high level of professionalism while showing kindness and care. The doctor's office that they suggested is another group of kind and considerate individuals, dedicated to my full recovery. I would recommend the Schrier Group to friends, just as they were recommended to me. I am happy with my settlement and very pleased with the attention and diligence of the group as a whole. Thank you again!

Michaela Davis

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Mr. Paul Schrier is by far the best attorney for the job! He is very responsive, knowledgeable, and very efficient. Despite my very busy schedule, he kept me informed throughout the process. I am very please with the outcome of my case. The customer service I received from the entire team has been amazing! Thank you all so much!

Ms. Jean

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Not only did I get a phenomenal attorney to represent me in my case, but I also got a step by step education on how the legal process actually worked. I was encouraged to ask questions and be an informed client. I was never treated like a case. I truly felt like the advice and recommendations he gave to me would have been the same he would have pursued if he were the client. That was important to me. I needed to work with an attorney I could trust with my best interest in mind...and that is what I got with Paul Schrier.

Juan Rodriquez

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I was involved in an auto accident in January 2016. We decided to contact Paul K. Schrier, PLLC for legal advice. He never got annoyed with me calling to ask questions, which was quite often. We have finally reached the final stages of this case, which they handled very well, and have come to a settlement. I highly recommend the Florida personal injury attorneys at The Law Offices of Paul K. Schrier, PLLC, especially Paul K. Schrier to any one who needs a personal injury attorney. Thank you very much Paul for everything you have done do me.

Martin Tyler

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I called to ask some question about a car accident I was in. I spoke to Paul who was very helpful, honest and professional. It seems that he really care about clients. I appreciate all that Paul did and would certainly recommend to anyone who needs an attorney.

Mark Anderson

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Best attorney around , I went through a lot of different ones before finding his law firm very professional and they make sure you get paid what you deserve, highly recommend.

Braulio Duran

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Thank Paul for everything your personal injury law firm has done for my case as well as my daughter. Thanks for all the hard work and attention. Thanks again!

Maria Jaz

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Rowdy Martinez

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Best attorney in South Florida

Fefe Alex

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Schrier Law Group is the best.

Chatrice Telfort

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Great job! I loved working with Paul.

Paige