Slip and fall accidents are among the most common and can be the most devastating types of personal injury claims. These cases often lead to substantial medical expenses, lost wages, and emotional distress.
If you’ve been hurt due to a hazardous condition on someone else’s property, you may be wondering whether you should accept a settlement or proceed to take your personal injury case to trial. Here’s what you should know.
The Basics of a Slip and Fall Case
The success of a slip and fall claim primarily hinges on proving that a property or business owner was negligent in maintaining a safe environment.
Under Florida Statutes § 768.0755, injury victims must demonstrate that the property owner had actual or constructive knowledge (meaning they should have known) of a dangerous condition and failed to prevent harm from occurring.
What Determines Liability?
To establish liability for a slip and fall accident, you must be able to prove the following:
- A hazardous condition existed
- The property owner knew or should have known about the danger
- The property owner failed to address the danger
- The hazardous condition directly caused your injuries
It’s important to note that if you’re found partially responsible for your fall, your settlement may be reduced accordingly. There are also differences between slip and fall claims on private and commercial properties that might affect your case.
Understanding How Settlements Work
Most slip and fall claims are resolved through settlements, where the injured individual agrees to receive compensation without going to trial. Settlements are often preferable to both sides because they provide a quick resolution and avoid the uncertainty and expense of a personal injury court case.
Why Settling May Be Beneficial
There are numerous potential benefits to settling, including faster compensation, lower legal costs, and less emotional stress.
Settlements empower victims to move forward without prolonged legal battles that reopen old wounds. However, evaluating whether a settlement offer is fair and adequate is important. Sometimes, there may be merit to proceeding to trial, even if it’s a more arduous road.
When a Settlement Might Not Be Your Best Option
While settling can have benefits, there are reasons a slip and fall accident victim might choose to go to trial instead. For example, if the insurance company refuses to make a sufficient offer, the property owner refuses to admit fault, or you’re left facing permanent injuries, a settlement might not get you what you deserve.
It’s essential to ensure that you and your loved ones receive full and fair compensation for your injuries and suffering.
What to Expect if You Take Your Case to Trial
If settlement negotiations fail, filing a lawsuit and preparing for trial may be necessary next steps. A court trial involves the presentation of evidence, witness testimony, and legal arguments to establish liability and award damages.
The Trial Process
Trials for slip and fall cases generally follow a similar process, which includes the following steps:
- Pre-Trial Procedures: Filing the lawsuit, gathering evidence, and conducting depositions
- Jury Selection: Choosing jurors who will hear the case and decide the verdict
- Exhibition of Evidence: Presenting medical records, expert testimony, and witness statements
- Closing Arguments and Verdict: Determining fault and awarding compensation to the plaintiff if applicable
A court trial is a complex and time-consuming process, but it may be necessary to hold a negligent property owner accountable for their failure.
Risks of Taking a Case to Trial
While it may sometimes be necessary to take a slip and fall case to trial, doing so presents certain risks, including a protracted timeline, added expense due to legal fees, and the uncertainty of the final outcome. It’s important to consult a qualified slip and fall accident lawyer to determine whether a trial is the best way forward for your situation.
Laws in Florida That May Impact Your Case
When considering whether a settlement or trial is the better option, it’s crucial to understand the nuances of Florida law. Here are some key points to keep in mind:
- Statute of Limitations: Florida law gives injury victims two years from the date their accident occurred to file a lawsuit
- Comparative Negligence: If the plaintiff is found partially responsible for their fall, their compensation will be reduced according to their percentage of fault
- Premises Liability Standards: Property owners are expected to maintain a safe environment; failure to do so could lead to legal liability
According to a study from the National Floor Safety Institute, slip and fall accidents account for over one million emergency room visits annually. Victims of these types of accidents should be aware of their subsequent legal options.
Should You Settle or Go to Trial?
Every case is different, and multiple factors combine to influence whether or not to settle for your accident is the right choice. Here’s a breakdown of when it’s best to pursue either option:
| When You Should Accept a Settlement | When Going to Trial May Be Necessary |
| The offer is enough to cover your medical bills, lost wages, and additional needs for pain and suffering | The insurance company refuses to offer a fair settlement amount |
| Proving negligence promises to be difficult, making a trial outcome uncertain | Your injuries are severe and require long-term medical care, increasing your expenses |
| You need immediate financial assistance and can’t afford to wait for a trial | The property owner’s negligence was extreme and warrants the pursuit of more significant compensation |
While a trial could ultimately lead to more compensation for the victim and their loved ones, it represents a major time commitment and comes with substantial risk. Carefully weigh the pros and cons of each option before making a decision.
Get Experienced Personal Injury Assistance After Your Slip and Fall Accident
Hiring a skilled attorney to assist you with settlement negotiations or trial proceedings can not only be advantageous but imperative for success.
If you’re seeking a settlement, your personal injury lawyer can negotiate aggressively with the insurance companies, gather evidence to prove liability, and protect your rights against unfair tactics. If you opt to go to trial, they can submit vital evidence, recruit expert witnesses, and present a compelling argument to the jury.
Slip-and-fall accident victims need reliable legal assistance to get the compensation they deserve. Contact Schrier Law Group’s personal injury lawyers today to schedule a free consultation and get help deciding whether or not to settle your case.
