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Do Most Slip and Fall Cases Go to Trial or Settle Out of Court?

Blogs from March, 2022

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If you’ve ever been the victim of or witnessed a slip and fall, you know how brutal they can be. Nothing really prepares you for it. One minute you’re walking along and a few seconds later you’re on ground wondering how you got there. In fact, not only are you on the ground, but you’re also probably injured, and not just a minor injury either. Instead, you may have hit your head and gotten a concussion, or maybe you tried to brace your fall and broke your wrist or arm. Those are only a couple of the types of injuries slip and fall victims can suffer. In some instances, people have suffered paralysis and other permanent injuries because of slip and falls.

Can You Sue for a Slip and Fall?

In the wake of a slip and fall, victims and their families deserve answers. Who is responsible for their injuries? Are they going to be able to get help to cover their hospital bills? What if their injuries have made it so they can’t work temporarily or ever again? How are they going to be able to take care of themselves and their loved ones?

In many cases, the answers to these questions can only be found after slip and fall victims speak with an experienced premises liability attorney. Filing a slip and fill lawsuit can help victims hold those responsible for their injuries accountable and recover the compensation they and their families need for hospital bills, loss of income, and rehabilitation expenses.

Do Slip and Fall Cases Usually Go to Trial?

Most slip and fall cases are settled out of court, saving victims the stress of a trial. However, avoiding having a slip and fall case go to trial often requires victims and their attorneys to have enough evidence to prove liability.

How Do You Prove Liability in a Slip and Fall Case?

Proving liability in a slip and fall case can be very difficult, especially for anyone who doesn’t have experience handling premises liability lawsuits. It is difficult to prove liability in slip and fall cases because it requires three things:

  • Negligence – You must prove that the slip and fall happened because of someone else’s negligence. The “someone else” can be an individual, such as a homeowner, or an entity, such as a business or school. An example of negligence could be mopping an aisle in a grocery store but failing to put out wet floor signs, so shoppers know to be careful while walking down that aisle.
  • Cause – Once you have proved negligence, you must prove that the individual’s or entity’s negligence directly caused your slip and fall injuries. Continuing with the mopped floor without a wet floor sign scenario from before, let’s say you slipped and fell on that freshly mopped floor and broke your wrist during the fall. In that scenario, the negligent act of mopping a floor and not posting a wet floor sign could be considered the direct cause of your slip and fall injury.
  • Financial Impact – Finally, you must prove that the slip and fall injury you suffered because of an individual’s or entity’s negligence resulted in direct financial costs. For example:
    • Medical bills from getting your broken wrist examined and treated
    • Rehabilitation costs from the physical therapy you had to do for your wrist injury
    • Lost wages you suffered because your broken wrist prevented you from working

If you can prove negligence, cause, and financial impact, more than likely your slip and fall case will not go to trial. Instead, your case will probably be settled out of court.

Speak with an Experienced Slip and Fall Attorney Today

Victims of slip and falls and their families don’t have time to waste. They need help both in the immediate aftermath of their fall and long-term (if they suffered permanent injuries). In many cases, the only option they have for securing the help they need is a slip and fall lawsuit. A slip and fall lawsuit can be a lifesaver for victims. It enables them to identify who and what caused their fall and injuries, gather evidence against the individual or entity at fault, and hold those responsible accountable, including securing compensation for their medical expenses, lost wages, and pain and suffering.

For over 25 years, the legal team at Dore Law Group, PLLC has been fighting for injury victims and their families in King County and its surrounding areas. We have guided victims of slip and falls and other types of premises liability related accidents through the legal process of bringing negligent individuals and businesses to justice, including recovering fair compensation for our clients. We stand up for our clients and we don’t stand down until we’ve exhausted every option available to secure the help they need.

To learn more about how we can help you, check out our reviews and case results. For more information about slip and fall cases or to talk with an experienced Washington premises liability attorney about your situation, contact us online or call us at (253) 236-3888 to schedule a free consultation.

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