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Lawsuits & Litigation

Do Slip and Fall Cases Go to Trial?

— October 14, 2022

In personal injury cases involving a slip and fall incident, you know you put a great case together when the defendant settles out of court sooner rather than later.

Slip and fall cases are famous for having a small chance of going to trial. While it may seem at first like these cases don’t get enough legal attention, this is largely due to settling out of court.

Parties found to be negligent or irresponsible face significant problems from having a slip and fall case go to trial against them. They have a lot of negative publicity to handle, which might affect their personal and business relations. Furthermore, they face large fines, and they have to make significant safety adjustments within a short time frame.

It’s much easier for people to use excessive caution in their daily interactions. They are motivated to respect safety practices in their business operations. People are often more likely to settle out of court if there is a slip and fall case, even if they disagree that it was their fault.

Legal Terminology

Within the legal proceedings for getting compensation for a slip and fall incident, some legal terms may seem confusing at first. There are some resources for legal definitions online, which often use local terms.

As you begin your lawsuit preparations, you will find that there are several important terms with local definitions involved in this type of personal injury claim, including:

  • Negligence
  • Liability
  • Evidence
  • Damages
  • Qualified legal counsel

Counsel from experienced lawyers who understand local legal issues will help your case significantly. A Simon & Simon, PC, slip and fall attorney can help you understand your case in detail. They will also help you make informed decisions regarding your case.

Collecting Evidence

One of the most time-consuming elements of putting a slip and fall case together is gathering the evidence. Presenting a clear case that wins a favorable judgment requires substantial proof.

You may also find that the longer you wait to collect evidence, the harder it is to find it. Clients who start collecting evidence and seek legal counsel immediately after the incident have a significant advantage.

The Statute of Limitations

Black and white analog egg timer; image by Marcelo Leal, via
Image by Marcelo Leal, via

When pursuing money related to damages and personal injury, you may encounter time limits on when you can file your claim. The statute of limitations for slip and fall cases changes between states. While in some states victims have only one year to file a claim, in other states they may have up to six years.

Furthermore, other circumstances may impact the deadline for filing a claim as well. Consult a lawyer to learn more about the statute of limitations that applies to your case.

Slip and Fall Cases Involving the Government

On the official website of the United States House of Representatives, you can find information about the tort process for pursuing compensation if your slip and fall case is due to a government employee.

If you find yourself in a situation involving any type of local, city, or state government, you will notice something unusual right away. Naming one of these governments in a slip and fall case is exceptionally difficult.

You can still pursue compensation, but almost all cases involving government property or employees go straight to a federal lawsuit. The U.S. government has attempted to expedite this type of lawsuit so that people do not have added difficulty as they elevate their cases to the federal level.

If a slip and fall case arises involving a government employee, the United States acts as a self-insurer and accepts responsibility within the scope of the law. It is important to consider this in your claim to receive proper compensation.

Seek Legal Counsel

In personal injury cases involving a slip and fall incident, you know you put a great case together when the defendant settles out of court sooner rather than later.

Many issues can arise in personal injury lawsuits. Whether you’ve encountered icy areas and hurt your back or were falsely told that certain safety measures were in place on a job site, getting experienced legal counsel will give you the best chance of recovering money.

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