Are Slip-and-Fall Cases Hard to Win?

Slip-and-fall cases can be hard to win. As with any personal injury claim, the property owner (and their insurance company) usually won’t hand over a settlement without at least trying to fight back. Even in the most clear-cut cases, you will need to prove your claim, and that can be challenging, particularly when you are already dealing with an injury.

Working with a slip-and-fall accident lawyer with MattLaw Car Accident and Personal Injury Lawyers could make things easier. Keep reading to learn more about the difficulties you might experience with this type of case and how our attorneys in Florida can help.

What makes slip-and-fall cases challenging?

Slip-and-fall cases are challenging for a number of reasons. First, as with all personal injury cases, the burden of proof is on you. This means that it is up to you to show that a property owner’s negligence caused your accident, rather than it being the property owner’s job to show that it did not (though they will mount a defense). Building a strong case takes a lot of work, and you will likely need to act fast to preserve evidence.

Second, a common strategy in slip-and-fall accidents is for the defendant to try to blame the plaintiff, at least in part, for their injuries, which can reduce your settlement or bar you from recovering damages. Again, you can refute these allegations by building a strong, evidence-based claim.

Finally, you will have to deal with a property owner’s insurance company or, possibly, their attorneys. Insurers rarely hand over settlements in full, and you will likely have to go through a negotiation process. This can be difficult and intimidating, especially if you have no experience.

How can you prove liability for a slip-and-fall?

Slip-and-fall cases are challenging because you have to prove that a property owner’s negligence caused your injury and resulting damages. Basically, you must demonstrate that:

1. The property owner had a responsibility to keep their premises reasonably safe for visitors – This responsibility is known as the duty of care. If you were invited onto private property or hurt while frequenting a business during operating hours, the property owner or manager likely owed you a duty of care. However, note that in most situations, property owners do not owe a duty of care to trespassers.
2. The property owner failed in their responsibility – This is known as a breach of duty. Property owners breach their duty of care when they know (or should know) of a dangerous property condition and fail to fix it or fix it in a timely fashion. Examples include broken flooring, broken stairs, a leaking roof causing water to drip on their floor, or inadequate lighting. A breach can also be failing to warn people about a known hazard, such as failing to cordon off an area under construction.
3. The property owner’s actions or inactions created the danger that led to your injury – In legal terms, this step is referred to as the breach of care. It involves showing that the negligent condition and the property owner’s negligence were a direct cause of your fall. So, for example, if your fall happened because of a wet floor in their store, it is your burden to prove the owner knew or should have known about the wet floor before you slipped and fell.
4. Your injury led to damages – You must show that you not only fell, but that the fall caused an injury severe enough to result in medical bills and other losses.

Factors that can make a case more difficult

All injury claims have challenges, but several factors can make some slip-and-fall cases harder to win than others. It could be more difficult to win your case or get fully compensated for your losses if your claim involves:

A serious or catastrophic injury

More serious injuries usually mean more medical intervention, more medical bills, and more time off work. All of these factors increase the value of a slip-and-fall claim, and higher-value cases usually get more pushback from the at-fault party’s property insurance provider.

Additionally, when you have a severe or catastrophic injury, it is important that you fully understand your medical condition and future treatment needs before accepting a settlement or compensation. If you settle too quickly, and you end up needing more money for your healthcare later on, you may end up paying out-of-pocket. Once you settle a claim, you cannot go back for more. You may need to work with medical professionals, life care planners, and other experts to get estimates about your future medical needs and expenses.

Shared fault

As mentioned, a common defense strategy in slip, trip, and fall cases is to try to blame the injured party for their accident. This is because of Florida’s modified comparative negligence system. Under it, if a jury finds you partly liable, it will reduce your compensation, or it could leave you unable to recover any damages.

If your case goes to trial, a jury may assign fault to you and will determine the fault of the responsible parties. Your assigned fault reduces your damages by an equal percentage. So, if you have $100,000 in losses and a jury finds you 30 percent liable, you get $70,000. But if a jury finds you more than 50 percent responsible, you cannot receive any compensation. Insurance companies apply this legal principle to your claim, even if you do not go to court.

Any allegations of shared fault will make your slip-and-fall case harder to win.

Insurance issues

Sometimes, insurance companies play hardball. Other times, they use surveillance to try and catch you doing things to lower the value of your claim. When this happens, your case will be more difficult, and you may have to file a lawsuit.

If you are struggling with insurers, do not let your time to take legal action run out. According to Florida’s statute of limitations, you have two years to file most personal injury cases.

Can working with a lawyer make getting compensation easier?

Working with a lawyer can take the pressure off you and give you a knowledgeable legal ally. Our slip-and-fall accident attorneys could help with your case by:

• Gathering evidence
• Hiring experts to prove fault
• Identifying and valuing all of your damages, including medical expenses, lost income, and pain and suffering
• Completing and filing case paperwork
• Negotiating with involved parties
• Preparing you and your claim for a lawsuit if necessary

Contact MattLaw Car Accident and Personal Injury Lawyers for help with your slip, trip, and fall

Slip-and-fall cases can be hard to win, but they are by no means impossible. You can pursue compensation by constructing a solid case backed by evidence. An attorney with MattLaw Car Accident and Personal Injury Lawyers can help you do this.

We have represented injury victims in Florida for more than 35 years. We have recovered more than $250 million for our clients. Contact us today for a free consultation.