
Less than 1 in 20 slip and fall cases go to trial. Most end in an out-of-court settlement. Cases that go to trial often involve parties that were unwilling to settle. Your case may go to trial if you were seriously hurt and the insurer does not want to pay a high amount, or if you were partially to blame.
Why so few slip and fall cases go to trial
The experienced attorneys at our law firm have found that most slip and fall cases settle out of court because:
- lots of them happen every year, so personal injury lawyers and insurance companies have become good at resolving them without the need for a trial,
- homeowner’s insurance companies often want to avoid a trial that could award the victim a lot of money,
- victims are often eager to settle quickly in order to pay their medical bills, and
- both parties generally would rather know how much the settlement would be, rather than letting a jury decide on the amount.
This is why, according to the U.S. Department of Justice:
In 116 surveyed jurisdictions in 2005, only 4 percent of tort cases, also known as personal injury claims, were disposed of through a trial. Of these personal injury trials, 7 percent of them were for premises liability, which include slip and fall claims.[1]
The personal injury claims process
After your slip and fall accident, you will get medical care. An insurance adjuster will likely approach you with an initial settlement offer. While this may sound enticing, as it covers many of your existing medical expenses, it almost never offers a fair compensation amount.
If you accept the offer, you will receive the money but give up your right to sue.
If you reject it, it will initiate settlement negotiations. It is very important to have a slip and fall lawyer representing you for these. A personal injury attorney with experience handling slip and fall cases will understand what evidence is important and what financial compensation you deserve, based on their prior cases.
Your lawyer and the insurance company will gather evidence about the incident and your injuries. That evidence can make it clearer what you deserve in compensation. This can drive settlement discussions. It often includes things like:
- your medical records, which detail what medical treatment you have received and what medical attention you are likely to need in the future,
- details from the scene of the accident, including pictures of the dangerous condition that caused you to fall,
- surveillance footage that caught the accident, and
- testimony from the fall victim and anyone who saw the accident.
If no settlement is reached and the statute of limitations is approaching, your lawyer will file a personal injury lawsuit based on premises liability. It argues that, under your state’s personal injury law:
- the defendant owned or controlled the property,
- they breached their duty of care in the use or maintenance of that property,
- you were harmed, and
- the property owner’s negligence was a substantial factor in harming you.[2]
This often happens 1 or 2 years after your injuries. A trial date will be set, often for 1 or 2 years after the lawsuit has been filed, though the timeline will depend on the court’s docket.
Once the slip and fall lawsuit is filed, evidence gathering and settlement discussions continue. Most of the time, you and the insurance company will reach a settlement. A settlement agreement will be signed for the judge to approve.
If no settlement is reached before the trial date, then the case will go to trial. The jury will hear each side’s case and resolve the dispute.
Our accident lawyers have found that the legal process for these types of cases can take up to 4 years if they go to trial. Most, however, settle well before then. Many settle in 6 months to 1 year after the incident.
Average slip and fall settlement
There is no “average” slip and fall settlement because there is no “average” personal injury case. However, a typical slip and fall settlement is for between $10,000 and $50,000. The severity of your injuries will drive the settlement amount. If you suffered serious injuries, the payout could be much higher.
2 other important factors are:
- whether there are any indications that you were partially to blame for the accident or could have avoided it, and
- how much insurance coverage there is.
If you were partially to blame, the settlement would be lower. The insurance company may even refuse to settle the claim at all and take the case to trial.
If there is not enough insurance, the settlement may not match your losses. Liability insurance policies have a limit. If you were severely hurt and your losses exceed that limit, the insurance company is likely to settle for the policy limit and leave you to recover the remainder from whomever you can.
A slip and fall attorney can help you build a strong case and negotiate a fair settlement in a slip and fall claim.
Common injuries in slip and fall accidents
Some common slip and fall injuries are:
- broken bones,
- head injuries, including traumatic brain injuries (TBIs),
- spinal injuries, and
- sprains and strains, including whiplash.
Senior citizens are more likely than other population groups to suffer a slip and fall. They are also more likely to get seriously hurt.
Common causes of slip and falls
A “slip and fall” does not necessarily mean that you slipped. You could have also gotten hurt after tripping or losing your footing in any other way. Some of the most common causes of a slip and fall injury are:
- slippery floors,
- broken stairs,
- potholes or sinkholes,
- uneven flooring,
- curled up carpeting,
- missing handrails on stairways,
- protruding objects near the feet, and
- inadequate lighting to notice the hazard.
The property owner has a legal duty to repair these hazardous conditions or warn you of them. If they fail to uphold that duty of care and you get hurt as a result, you can hold them liable.
Legal Citations:
[1] Bureau of Justice Statistics, Special Report, “Civil Bench and Jury Trials in State Courts, 2005” (October 2008).
[2] See California Civil Jury Instructions (CACI) No. 1000.