Are Slip and Fall Cases Hard to Prove?

Millions of people in the United States suffer slip and fall injuries every year, with some leaving the victims with life-altering injuries that they carry with them for the rest of their lives. Whether it’s at home, work, or in a public place, the nature of these injuries causes significant pain, discomfort, and frustration. Some of these accidents are just that—complete accidents—but others are the result of poor maintenance or the negligence of a third party. It might not be apparent at first, but after an investigation of the hazard that caused your accident, you might discover that your situation could have been prevented, and you didn’t have to suffer through the pain.

Once you’ve received medical attention for your injuries, you should start to consider filing a lawsuit against the negligent or careless party responsible for the hazard that resulted in your injuries. If you have no prior experience, you might wonder, “Are slip and fall cases hard to prove?” The answer is—it depends. You’ll have to prove a few things first, like that the party overseeing the area where your accident occurred failed to respond in a timely manner. The term “reasonable amount of time” is often used during these cases, and establishing that the negligent party failed to respond in a “reasonable amount of time” is difficult, to say the least.

That’s why an attorney is recommended after an accident of any degree. Minor accidents can still leave you with painful injuries, and in some cases, the damage won’t present itself until long after the situation itself. With a comprehensive medical evaluation and an attorney by your side, you have a better chance of recovering damages for those future pain that could significantly influence your way of living. This can be priceless after a slip and fall accident, especially in a severe case, but you should know that not all attorneys can guarantee an elevated chance of success without expensive retainer fees.

Morgan & Morgan isn’t like other firms. Our slip and fall lawyers operate on a contingency, meaning that it costs nothing upfront to hire us, and we’re only paid if we win your case. Rather than further burden your already financially constricting situation with retainer fees, we take our fee from the favorable settlement or jury award at the end of your case. Not only does this keep the costs low for you after a slip and fall accident, but it also centralizes everyone involved around one singular goal—achieving the maximum recovery after an accident you didn’t cause.

With $13 billion recovered, offices from coast to coast, and the resources to never settle for less than you deserve, Morgan & Morgan is uniquely capable of recovering the fullest extent of the compensation you’re entitled to. Complete our free, no-obligation case evaluation to get started.

What Is a Slip and Fall?

Slip and fall accidents are one of the most common types of premises liability claims. They occur when a person slips, trips, or falls on another person's property, resulting in physical injuries and other financial damages. Sometimes, it’s a minor fall, and you just so happen to twist the wrong way, but even something as insignificant as this can leave you with life-altering damages.

Common hazards that can lead to a slip and fall include slippery floors, loose carpets, uneven sidewalks, and cluttered walkways. However, although slip and fall accidents are often caused by hazardous conditions on the property, they can also be caused by the actions of the property owner or an employee. For example, if a property owner fails to remove ice from the sidewalks in front of their store, they may be liable if a customer slips and falls. In order to prove that a property owner is liable for a slip and fall accident, the victim must show that the owner knew or should have known about the dangerous condition and failed to take reasonable steps to fix it.

This can be difficult to do, which is why it is important to speak with an experienced slip and fall attorney who can help you gather evidence and build a strong case.

Are Slip and Fall Cases Hard to Prove?

When it comes to personal injury claims, slip and fall cases can be some of the most difficult to prove. There are a number of factors that need to be considered in order to prove liability, including the condition of the property, whether or not the owner was aware of the hazard, and that they failed to respond within a “reasonable amount of time,” which differs case by case. Plaintiffs will also need to be able to show that they were injured as a result of the fall and, more importantly, that their injuries are significant enough to merit compensation.

All of these claims will require evidence—and a lot of it. You’ll have to collect all of this on your own and understand the right way to present it in front of the opposing party, all while abiding by deadlines and other legal restrictions that can make or break your case. So, are slip and fall cases hard to prove? Yes, and you should speak with a legal professional sooner rather than later to ensure that you’re able to reach the finish line with the compensation you deserve.

Morgan & Morgan’s slip and fall attorneys have a proven track record of success across the thousands of premises liability lawsuits we’ve litigated on behalf of our clients. We’ve achieved multi-million dollar recoveries from low-ball pre-trial offers, changing the lives of those who found themselves with life-altering injuries after unexpected slip and fall accidents. Although slip and far cases are hard to prove, our team can give you the best possible chance of success despite the challenges.

What Are the Most Common Slip and Fall Injuries?

Slip and fall cases can cause injuries ranging from minor scrapes and bruises to life-altering head or back trauma. While your damage is unique to your specific incident, there are a few more common injuries across slip and fall accident victims, including:

• Bruises
• Cuts
• Broken bones
• Head damage
• Spinal damage
• Pulled/torn muscles
• Soft tissue injuries

Unfortunately, slip and fall cases can also result in paralysis and even death in more serious cases. It all happens in an instant, too, and you suddenly find yourself on the ground in serious pain. In most cases, you’ll sustain other types of damages to complement your physical injuries.

Financial damage, like lost wages and diminished earning capacity, and emotional damage, like consistent pain and suffering, can all complicate your life significantly. You might not be able to return to work because of the injuries, or you could be unable to live a normal life because of the emotional trauma stemming from the incident. The unfortunate possibilities are endless, but if the accident resulted from negligence, your injuries were preventable, and you deserve restitution for the harm you’ve endured at the at-fault party’s hand.

Do I Need an Attorney for a Slip and Fall Case?

While it’s never necessary to hire an attorney for a slip and fall case, their involvement can significantly improve your odds of reaching a successful outcome, even in minor situations. For one, they’ll have seen your situation before and can leverage their experience to help you navigate through the process with ease, all while handling the majority of the legal proceedings and allowing you the time to physically recover. They’ll also understand how to advocate for the full extent of your damages and protect your rights throughout your case—something priceless after enduring an already stressful situation.

What Damages Can I Recover In a Slip and Fall Case?

Your specific recovery will depend on the severity of your injuries, the situation surrounding your accident, and the jurisdiction where the incident occurred, amongst many others. The experience of your attorney plays a vital role in the outcome of your case, too, which is often overlooked by slip and fall accident victims. If you want to collect any of the following damages, make sure to team up with a legal team that has a proven track record of success:

• Medical expenses
• Lost wages
• Diminished or total loss of earning capacity
• Emotional damages
• Pain and suffering
• Punitive damages

Some of these damages come without physical receipts, making them harder to advocate for during your case. Pain and suffering falls under this category, as the damage you sustain will primarily affect you internally. A third party will only have your testimony and the evaluation from your doctor, which often leads to diminished recoveries and prolonged, unnecessary suffering.

If your emotional damage or suffering is severe, make sure to choose a proficient attorney to represent you. There are thousands of law firms capable of advocating for what you deserve, but there’s no better ally in your pursuit of rightful compensation than Morgan & Morgan, America’s largest personal injury firm. We have a proven track record of success and, more importantly, a dedication to never settle for less than you deserve, giving you the best possible chance of reaching the finish line of your case with every penny you’re entitled to.

Contact Morgan & Morgan’s Slip and Fall Lawyers

Are slip and fall cases hard to prove? Yes, but they’re much easier to handle with our slip and fall attorneys at your side. Not only do we provide effective and comprehensive representation, but we also offer the benefit of no upfront costs—we’re only paid if we win your case. Our fee is taken from the favorable settlement or jury award at the end of the process, allowing anyone to afford our assistance after finding themselves as a victim.

With over $13 billion recovered for our clients, offices from coast to coast, and the resources to never settle for less than you deserve, you can trust Morgan & Morgan to help you advocate for full and fair compensation after a slip and fall accident.

Contact us today to get started.