Do Most Slip and Fall Cases Settle Out of Court?

Slip and fall accidents account for more than three million emergency room visits per year and are the leading cause of going to the ER. More women slip and fall than me but of the men who do fall, 11% were job related.

Slip and fall accidents can occur anywhere. They are common in Los Angeles where so many people live and work. When you experience a trip and fall that is not your fault, you may be forced to bring a claim against the person responsible such as the owner of a building.

The average cost of a slip and fall runs between $30,000 and $40,000. Because it is not fair for you to pay the medical expenses, go through pain and suffering, and be unable to work, it is wise to speak with a Los Angeles Premises Liability Lawyer who can advise you on the best course of action to take in your individual situation. That is when your attorney will give you his legal opinion on matters such as how long the case might take. After your lawyer speaks with the other party’s insurance company, an even better idea of the time frame should be known.

Many slip and fall cases settle quickly and out of court. This is due in part because the owner or the property realizing they were at fault and accepting responsibility. Having a competent, experienced attorney will increase the chances that your case will settle without going to trial.

What are the Different Types of Trip and Fall Cases?

There are a wide variety of types of trip and fall situations. The location of the accident can be a residential property, or it can be a business setting. The condition of the location plays a big role in the case too such as if it was wet and slippery, slick and snowy or icy, or cluttered and in disarray. A yard could be riddled with ditches and a parking lot could have unexpected potholes. A walkway might be uneven and have a chipped surface. The area could have been unlit. All of these factors will be taken into consideration when setting the scene for the accident and determining who was at fault – the victim or the property owner.

An expert Los Angeles Premises Liability Lawyer will describe the place the accident took place and establish the fact that it was the property owner’s obvious duty to prevent your slip and fall from happening and that he or she could have taken action but didn’t. Having the best Slip and Fall Attorney in Los Angeles will increase your chances of proving responsibility.

Victim’s Relationship to Property Owner

The relationship between the victim to the property owner is relevant in the case. What were you doing on the property? Were you there because you live there or were you doing business with the property owner? Were you on the premises by invitation? A property owner owes a degree of responsibility to a visitor whether it is a business property or personal property. When someone is invited onto a property, the grounds should be free of dangerous conditions. Your Slip and Fall Attorney will establish why you were on the property and if you were visiting, especially by invitation (formal or informal), your case will be strengthened.

Negotiations in the Settlement Process

If your case is to be resolved prior to trial, it will happen in the negotiation phase which is also called the settlement process. This is, for most, the ideal way to close the case, receive the due payment and get on with life.

During the settlement process, an agreement between you, your Los Angeles Premises Liability Lawyer, and the opposing property owner and his insurance company and/or lawyer will go over all the facts and the amount of compensation being demanded. There will be some compromises, most likely. The experience and strength of your attorney will be a key feature of this phase as will the validity and proof of the facts surrounding your claim. The length of time the negotiations take will rest upon the willingness of the opposition to relent their defense and concede to settling without taking the claim to trial.

The Mediation Aspect

During the settlement process, there will be mediation between your Los Angeles Slip and Fall Lawyer and the opposing side. There will be a neutral third party who is called a mediator. His or her job is to act as a buffer and messenger between the two sides. It is the goal during mediation to reach a resolution to avoid going to trial which is time-consuming, stressful, and expensive.

If the Case Proceeds to Trial

If an agreement is not reached in a settlement negotiation, the case will be set for trial. There is a lot of preparation involved at this point. Both parties will need to collect deposition testimonies, get formal evidence ready to be introduced, and prepare interrogatories. It’s important for your attorney to be one who is familiar with the local LA legal system and experienced in litigation. Some lawyers are not good in court settings so when you hire one, be sure to check out his or her effectiveness in the courtroom because you never know if your case will settle before a trial or not.

Slip and Fall Compensation

If you slipped and fell at no fault of your own, it is imperative that the responsibility to cover the financial loss you’ve suffered on the property owner if he or she neglected to prevent the accident from happening. You’ll be entitled to medical bill compensation, lost wages, pain and suffering allowance, and other financial loss. An excellent attorney can arrange to have every expense covered and more.

Best Slip and Fall Attorney in Los Angeles

If you are looking for the best Slip and Fall Attorney in Los Angeles, contact the Point Law Group for a free consultation with no obligation. Call today at (310) 560-0606.