Slip and fall cases are more complex and difficult to win than routine car accident cases. Most insurance companies and their lawyers will attempt to get the case thrown out of court before the case ever reaches a jury. For this reason, slip and fall cases are handled differently than most car wreck cases.
In slip and fall cases, a lawsuit generally must be filed.
Most car accident cases are settled before a lawsuit is filed but slip and fall cases often require the filing of a lawsuit. Slip and fall cases generally must be filed because insurance companies attempt to get most lawsuits thrown out of court in a process called summary judgment. Summary judgment is when the insurance company lawyers ask the judge to dismiss the case because the injured person does not have enough evidence to prove that the business was negligent in causing the slip and fall.
Most slip and fall cases require the injured party to give a deposition.
Since most slip and fall cases require a lawsuit to be filed, this also means that most injured individuals must give a deposition. A deposition is a type of interview where the lawyer for the business or insurance company will ask you questions about what happened in the fall and how you were injured. An experienced slip and fall trial lawyer will make sure that you are completely prepared and feel comfortable before you give your deposition statement. You should not fear giving a deposition because a great lawyer will make sure that the experience is as painless as possible.
You likely will not get the full settlement value until you win on summary judgment.
Most insurance companies will not pay a fair amount until the judge has denied their request to throw out the case on summary judgment. When the judge concludes that the evidence does support some negligence on the part of the person or business who caused the fall, the case is then scheduled for a jury trial. Defense lawyers are often over-confident in their ability to win on summary judgment, so they will often not advise the insurance company to pay until their backs are against the wall and a trial is imminent.
Most slip and fall cases are settled out of court before a trial.
After you survive summary judgment, the insurance company and their lawyers understand that the risk of a substantial jury verdict is now very real. This means that most insurance companies will offer you a much higher settlement before the case goes to trial. Although some cases do not settle and must proceed to a trial in court, most slip and fall cases will settle at this point.
Do I need a lawyer for my slip and fall case?
The only way to receive a fair settlement for the full amount that you deserve is to hire a lawyer who is able and willing to take the case beyond the summary judgment phase and to trial if necessary. Slip and fall insurance companies know which firms have the skills and ability to win a slip and fall case and which ones do not. Never trust a serious slip and fall case to an inexperienced lawyer. If you would like to explore whether we are a good fit for your slip and fall case, give us a call for a free case evaluation.
