Most slip and fall cases settle out of court due to the knowledge of property owners that settling without intervention is cheaper and less time-consuming than going through the entire process of trial. Settlements are reached for many cases of slip, trip, and fall, but since each case has its peculiarities, the ultimate decision rests with the facts and circumstances of that case.
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How to Prove a Slip and Fall?
Each case of slip and fall is unique in its specific facts and circumstances. The victim has to prove that in any slip and fall case:
- There exists a dangerous condition or hazardous situation on the property.
- The property owner has failed to warn anyone about the danger or correct the hazard.
- The injuries sustained by the victim were directly caused by the dangerous condition.
The law, as per the California Statute SS. 768.0755, dictates that the victim must prove negligence on the part of the property owner, who either did not warn, did not rectify, or did not remove the dangerous condition, which finally led to the injury.
Slip and Fall Cases Come In Many Forms
Slip and fall accidents occur in houses and commercial places. It can occur in various places with wet slippery floors, icy roads, snow, and uneven surfaces. Others are piles of dirt, places where visibility is poor, deep potholes, and ditches. Such situations potentially lead to serious injuries or even death from a slip and fall.
Types of Visitors
Business and personal property owners owe different levels of care to their patrons. The property owner must extend the highest standards of care to invitees, including customers or patrons of a business, and licensees, being social guests of a house or establishment. These guests or visitors are, to a considerable level, made sure of safety by the property owner regarding dangers or hazardous conditions, except if such a guest or visitor happens to be a trespasser. If injured on someone else’s property or in a business space, you may be entitled to compensation.
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Settlement Negotiations
Some slip and fall cases settle months before trial, while others settle just days before. While some take a longer time to settle than others, each case is different. The delay is usually determined by the parties needing to examine all the evidence so they can make an informed decision on the strength of their claim. Settlement negotiations are unpredictable. It will, for most instances, be determined by the willingness of the insurance company to offer a just and fair settlement to the victim of the slip and fall case.
Neutral Third-Party Mediator
Another option would be to mediate, which carries with it some requirements of the case. At such times, the two parties will negotiate with each other through a neutral third-party mediator. Mediation is the final step in the context of settlement. At this stage, some compromise may be reached from both sides. It is your decision if you want an attorney to represent you in the mediation process. The total settlement of every slip and fall case is thus quite unpredictable since they are all unique. And if the mediation process is successful, it could help in settling the matter without going to trial.
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Getting Ready for Trial
Nonetheless, if the case proceeds to trial, preparation might be warranted. All the parties would require depositions, interrogatories, and evidence prepared for trial. Although the trial preparations are made, from this point on, slip and fall cases habitually settle at any stage.
Slip-and-Fall Cases: Compensating for Your Cause
Thus, someone would get insured for his losses if he fell and slipped on another’s property. This would include expenses, big and small, incurred by their slip-and-fall case.
- Medical costs (doctor visits, diagnostic testing, medicines, therapy, etc.)
- Lost wages and future wages
- Pain and suffering
Costs incurred for maintaining the home after the slip-and-fall incident, housekeeping costs, and other ad hoc expenses.
Summing Up!
Such compensatory remedies include the cost of necessary medical treatment for the injuries sustained, lost wages, and any damages related thereto. A property owner is supposed to provide a safe environment; otherwise, he or she may be held liable for any injuries occurring thereon. Consequently, most slip and fall cases are settled before trial so that litigation is not prolonged and torturous.
At Tenina Law, we advocate for victims of negligence so they may obtain the justice they deserve. Our unique professionals will analyze every aspect of your case; further, they will fight for your rights and make sure you are kept well-informed throughout its course. And we actually offer a free consultation so we could build a discussion revolving around your case, offer some evaluations, and help you understand what your next steps might be.
Call Tenina Law for more information regarding how we handle slip and fall cases, with a free consultation provided for your case.
