How to Win a Slip and Fall Settlement

You may have heard the term “slip and fall” before, but what does it actually mean? A slip and fall is a type of personal injury claim that arises when someone is injured on another person’s property. Common causes of slip and falls include wet or uneven surfaces, obstacles in walkways, poor lighting, and loose carpeting or flooring. Slip and falls can also be caused by defects in sidewalks or stairs.

If you were injured in a slip and fall, you could be entitled to significant damages. To determine if you have a case, it’s important to speak with a personal injury lawyer. Morgan & Morgan is here to help. We have been handling these types of claims for decades. As the largest personal injury firm in America, we have offices throughout the country. No matter where you were injured, we’re here for you.

Contact Morgan & Morgan today to schedule a free case evaluation.

Winning a Slip and Fall Claim

A slip and fall claim can be complex. But if you know the key elements to winning, you'll be in good shape. Here are some important things to keep in mind if you're looking to win a slip and fall claim.

1. Prove That the Property Owner Was Negligent
The first step in winning a slip and fall claim is to prove that the property owner was negligent. In order to do this, you will need to show that the property owner knew or should have known about the dangerous condition on their property and did not take steps to fix it. For example, if there was a spill on the floor and the property owner did not clean it up or put up a sign warning people about the danger, they may be held liable for your injuries.

2. Show That You Suffered an Injury From the Accident
The second step in winning a slip and fall claim is to show that you suffered an injury as a result of the property owner’s negligence. This means that you will need to have medical records proving that you were injured in the accident. If you do not have medical records, it may be difficult to prove that your injuries were caused by the slip and fall accident.

3. Calculate Your Damages
The third step in winning a slip and fall claim is to calculate your damages. This includes both economic damages such as medical bills and lost wages as well as noneconomic damages such as pain and suffering. It is important to keep track of all of your expenses related to the accident so that you can get compensated for all of your losses.

How to Handle a Slip and Fall Accident?

A slip and fall accident can happen to anyone, anywhere. If you've been injured in a slip and fall, there are a few important steps you need to take to protect your rights and your health.

Get Medical Attention

If you've been injured in a slip and fall, it's important to seek medical attention as soon as possible. Even if you don't think your injuries are serious, it's always better to err on the side of caution. You may have internal injuries that aren't immediately apparent, or your injuries may get worse over time. In either case, getting prompt medical attention is the best way to ensure that you get the treatment you need.

Notify the Property Owner

If the slip and fall happened on someone else's property (like a grocery store or office building), be sure to notify the owner or manager right away. This is important for two reasons: first, they need to be aware of the hazard so they can fix it and prevent someone else from being injured; secondly, most property owners carry insurance that will cover your medical bills and other damages if you were hurt due to their negligence.

Gather Evidence

If you think you might want to file a personal injury claim against the property owner (or anyone else responsible for your accident), it's important to begin gathering evidence as soon as possible after the incident. This evidence can take many forms, but some of the most important things to collect include witnesses' contact information, photos or video of the scene and damages, and your medical records. It's also helpful to keep a journal documenting how your injuries have affected your life in the days and weeks following the accident.

Call a Personal Injury Attorney

After a slip and fall accident, you may be facing mounting medical bills, lost wages, and other expenses. If the accident was caused by someone else's negligence, you may be entitled to compensation for these damages. However, pursuing a personal injury claim can be complex and time-consuming.

An experienced personal injury attorney can handle all aspects of your claim, from investigating the accident to negotiation with insurance companies. A good personal injury attorney will also fight for your rights in court, if necessary. If you've been injured in a slip and fall accident, contact a personal injury attorney today to schedule a consultation.

How Much Compensation Can I Recover in a Slip and Fall Claim?

The answer depends on the facts of your case, the severity of your injuries, and the laws of your state. Here is a brief overview of what you can expect.

Medical Bills

If you were injured in a slip and fall accident, you can recover the cost of your medical bills. This includes the cost of hospitalization, surgery, medication, physical therapy, and any other necessary medical treatment. You can also recover the cost of any future medical care that is related to your accident.

Lost Wages

If your injuries prevent you from working, you can recover lost wages. This includes both past and future lost wages. If you are able to return to work but make less money than you did before the accident, you can also recover lost earning capacity.

Pain and Suffering

You can recover damages for pain and suffering. This is non-economic damage that compensates you for physical pain, emotional distress, loss of enjoyment of life, and other intangible losses. The amount of pain and suffering damages will depend on the severity of your injuries.

Punitive Damages

In some cases, punitive damages may also be available. Punitive damages are designed to punish the defendant for particularly egregious conduct. They are not available in every case, and they are subject to statutory caps in many states.

What Is the Statute of Limitations?

A statute of limitations is the time frame in which a plaintiff has to file a personal injury claim. The rationale behind having statutes of limitations is that, after a certain amount of time passes, it becomes increasingly difficult to obtain evidence and eyewitness testimony. This can make it difficult for the trier of fact—whether that be a judge or jury—to render a fair decision.

In slip and fall cases, the statute of limitations will vary depending on the state in which the accident occurred. For example, in Florida, the statute of limitations for most slip and fall claims is four years from the date of the accident. In California, the statute of limitations is two years.

Given the importance of the statute of limitations, it's crucial that you speak with an attorney as soon as possible after your accident so that your claim can be filed in a timely manner.

What Happens if I Miss the Statute of Limitations?

If you miss the deadline to file your claim, you will likely be barred from bringing a lawsuit altogether. There are some very limited exceptions to this rule, but generally speaking, if you don't file your lawsuit within the allotted time frame, you will not be able to recover any damages for your injuries.

Can I Recover Damages Even if I’m Partially at Fault?

If you've been injured in an accident that was partially your fault, you may still be able to recover damages from the other party involved. It all depends on what state you're in and the specific details of your accident. Here's a look at how different states handle cases where both parties are partially at fault.

In some states, if you're even one percent at fault for an accident, you're not able to recover any damages from the other party. This is known as the rule of contributory negligence.

However, most states have adopted a more lenient rule known as comparative negligence. Under this rule, you can still recover damages as long as you're less than 50 percent at fault for the accident. And in a few states, you can even recover damages if you're more than 50 percent at fault.

How Does Comparative Negligence Work?

Say you're in an accident that was caused by both parties being careless. The other driver ran a red light and you failed to yield the right-of-way even though you had a green light. It is determined that you are each 50 percent at fault. Any damages you recover from the other party will be reduced by 50 percent.  

However, let's say that the other driver ran a red light, and you were hit while stopped at your own red light with no chance to get out of the way. In this case, the other driver would probably be held primarily responsible since they violated a traffic law while you did not. In this case, you would recover 100 percent of the damages from them.

Morgan & Morgan Can Help

If you or someone you know has been injured in a slip and fall accident, you may be wondering whether you have a case. By understanding what exactly a slip and fall is and what needs to be proved to win one of these cases, you will be in a better position to make that decision.

If you have any questions or would like more information about slip and fall accidents, Morgan & Morgan can help. We have been handling slip and fall cases for decades and have recovered billions of dollars for our clients.

Contact us today for a free, no-obligation case evaluation.