Slip and fall accidents are more serious than we usually imagine. Only until it happens do we know the importance of an accident like this, which can incapacitate for months, years or for life. Speaking of which, do you know how many cases of falls and accidents go to trial?
Usually only the most serious do, of the 3 million people who suffer a slip and fall case each year, very few go to trial. This is neither good nor bad, although it can work against you, because often the fear of testifying can cause you to receive less compensation than you think you deserve.
It is worth remembering that the consequences of a fall or slip are very serious. They can range from simple discomfort, to fractures, to blows to the head or to even cause death. And in what cases do you go to trial?
If you’ve just had a fall or an accident, that’s probably what you’re wondering. Next, you will be able to know the percentage of cases that after a fall or slip go to trial, in addition to knowing the reasons, the possibilities, and the final result of each case.
Factors you must take into account for your compensation
The first thing you should know is that it is very unlikely that you will be able to go to trial for a slip and fall case since it is not convenient for any of the parties and in most cases, if you have a good lawyer and at the time you took photos or statements from witnesses and discovered the failure that caused your fall, rest assured that you will receive the corresponding compensation.
Next, I show you some of the factors that you should take into account to find out if you will finally see yourself in court for your case.
Was your slip or fall event preventable?
A case of fall or slip can be considered accidental, that is, it can be understood that it was caused by a momentary and unavoidable circumstance that was not the responsibility of anyone. The second case is that it is understood as negligence, that is, there is a person directly responsible for not having carried out a certain action that was expected of him or her or precisely for having carried it out when he or she should not have caused an accident to another person.
An example: in a supermarket a worker is cleaning the floor at the time that corresponds to him, this area will be wet and slippery as it is easy to imagine. If the worker places a notice or some type of poster on the ground that is completely visible so that the clients of the center do not step on it or do not approach it and a person, despite seeing it, approaches it and has a slip, it will be considered very differently than if the worker would not have placed the notice.
In the same way, if a liquid is spilled on the floor of an establishment and the worker goes to pick it up when a person has already stepped on it and fallen, it will not be the same as a worker who observes a liquid on the floor and decides to completely avoid its responsibility.
The consequence is the same, but the person responsible has acted differently.
Guests, licensees and intruders
On the other hand, what kind of guest were you when you had that fall or slip on the spot?
Had you been invited to a meeting? Did you work there? Or were you just walking around and decided to go in? With the first two, that is, guests and licensees, there is an absolute and priority duty to protect them, since their passage through the facilities was planned. And therefore, the owner of the premises, business, installation… should have foreseen any circumstance and have guaranteed its safety.
On the other hand, if it is an intruder (which is not the same as a client) whose access to the property was not planned or perhaps not even allowed, it will be more difficult for him to receive protection or great compensation from the alleged responsible.
Type of injury
Before you figure out the percentage of how many slip and fall cases have gone to trial, it’s important to know that the injury that caused this slip or fall will be related to the possibility of reaching judgment.
These are some of the consequences of a fall or slip:
- Muscle, tendon, and bone pain
- Soft tissue injury
- Head and neck injury
- Spinal cord injury
- Traumatic brain injury
If your case is one of the last causes, it is most likely that you will not need to go to trial, since it will be serious enough for the place to take responsibility for the facts. However, the opposite case may occur, that because it is the highest compensation, those possibly responsible seek spaces to demonstrate their absence of fault.
How many slip and fall cases go to trial and why is it not convenient?
Now is the time to find out, how many slip and fall cases go to trial? Only 2 – 3%. so you don’t have to worry.
To avoid going to trial and “coming out on top” you have to follow a series of very simple guidelines.
In the first place, identify the cause that has caused it and understand how the action or lack of action of the responsible party caused it. Second, look for witnesses, videos, images that help prove your accident. Finally go to the doctor as soon as possible to declare what happened and so that the injuries are associated with the fall.
Regarding why it is not convenient to go to trial… very simple, it is only because the cost can be very high for both parties. Therefore, even if you came out with a benefit after the trial, it is very likely that it was not worth it financially. The usual thing is to always reach an out-of-court settlement.
Therefore, if you need a Slip and Fall Attorney in Miami, please contact me.