Are Slip and Fall Cases Hard to Win?

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Whether you are pursuing a claim with an insurance company or filing a lawsuit in state court, slip and fall cases can be hard to win. The good news is that our team could help recover the compensation you need after such an accident.

In order to secure compensation for your injuries, it is necessary to prove the property owner or occupier was negligent. We can use evidence to show that they should be held accountable for your damages.

Possible Outcomes in a Slip and Fall Case

There are two possible favorable outcomes to any slip and fall injury case. The first resolves an injury case through a negotiated settlement—typically with an insurance company. Alternatively, the second option involves taking the case to trial and obtaining a judgment from the court.

Getting a Settlement

It is difficult to say who “wins” or “loses” a slip and fall case when it is resolved through a mutual settlement agreement. In many cases, both sides are happy with the outcome. This turnout is good news for injury victims, given that the majority of slip and fall accident cases are resolved through settlement.

Settlement offers are common, but they should never be treated the same. In fact, it is fair to approach an initial settlement offer with skepticism. Insurance companies will often pursue settlement early on in the process in hopes of resolving the case for less than fair value.

For that reason, it is in your best interest to seek legal counsel sooner rather than later. Your attorney could negotiate on your behalf and help ensure that you do not settle your case for less than it is worth.

Pursuing a Trial Verdict

Not every case will settle, though. Defendants who are certain they have done nothing wrong or that simply refuse to pay might demand a trial.

While there are challenges that come with litigation, these outcomes can be in favor of the slip and fall victim. What’s more, you can put your case in the hands of your attorney and let them deal with the litigation process on your behalf.

Factors That Can Complicate Slip and Fall Cases

Some factors can make slip and fall cases more challenging than others, as the process might drag on longer than necessary or increase the chances of litigation.

These factors may include:

Disputed Liability

When the property owner or occupier accepts responsibility, the dispute generally focuses on the amount of damages that are appropriate. When the property owner does not take responsibility for a fall, proving negligence can be challenging.

Obvious Hazard

In general, property owners and occupiers have a duty to address a fall hazard by removing it or at least notifying visitors of its presence.

The law recognizes certain hazards as “open and obvious,” meaning that a reasonable person should be aware of them even if they were not warned by the property owner. A property owner might avoid liability if they can show the hazard that caused a fall was open and obvious.

The Statute of Limitations

The statute of limitations could also complicate a slip and fall case. The statute of limitations for slip and fall lawsuits in Illinois is found at 735 ILCS 5/13-202.

Typically, a plaintiff will have two years from the date of the fall to file a lawsuit. However, this timeframe could be reduced if the accident happened on government property.

It is important for us to comply with the statute of limitations because we won’t be able to sue the other party if we’re too late.

Damages You Can Pursue in a Slip and Fall Case

How much your case is worth depends on the seriousness of the injury you sustained, among other financial and non-financial damages. These damages you can sue for include:

  • Past and anticipated medical care costs
  • Lost wages
  • Loss of future earning capacity
  • Pain and suffering
  • Disability, disfigurement, and scarring
  • Wrongful death damages

You might qualify for other damages that are not mentioned here. In any case, your lawyer can review each of your losses and price them accordingly so you can request the appropriate amount of compensation.

Discuss the Strengths of Your Slip and Fall Case with The Kryder Law Group, LLC

If you suffered injuries in a slip and fall, it is true that your case could be hard to win. Thankfully, many slip and fall injury claims are resolved without the injured party ever having to file a lawsuit. Our experience could help guide you toward securing a fair outcome in your case and holding the negligent property owner accountable.

To get started on your case, call The Kryder Law Group, LLC today for your free consultation. We work on contingency, so you pay nothing upfront for our services.

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Slip-and-fall cases are harder to win without an attorney. Contact us today for a free consultation.

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