Are Slip-and-Fall Cases Hard To Win?

11 Apr Are Slip-And-Fall Cases Hard To Win?

Posted at 10:36h in Slip & Fall by Sette Law

0 Likes

If you or a loved one have fallen on another person’s property and sustained injury as a result, you may be entitled to compensation. Our Sacramento slip-and-fall lawyers at Sette Law are highly trained in handling all levels of slip-and-fall cases, making us the ideal choice for handling your slip-and-fall claims. While slip-and-fall cases can be difficult to win, we can guide you through California law and ensure you receive the maximum compensation and justice you deserve for your injuries.

Slip-And-Fall Accidents Are Common

Unsurprisingly, slip-and-fall lawsuits are among the most common types of personal injury lawsuits in the United States. In 20% of cases, falls cause severe injuries. As of 2021, falls were one of the leading causes of accidental deaths. Common causes of falls include:

Slips
Steps
Stumbles
Trips

Given how common these accidents are, it’s safe to say our attorneys are well-trained and confident in our ability to represent you for your slip-and-fall accident.

If you have fallen and been injured, let Sette Law help!

Injuries Commonly Seen With Slip-And-Fall Accidents

Chronic Pain

For many victims of slip-and-fall accidents, suffering from chronic pain can be one of the most common, albeit frustrating, injuries. Chronic pain can last anywhere from months to years or even across the entirety of an individual’s lifetime. In addition to the physical discomfort, victims will often require medical support to manage their chronic pain.

Soft Tissue Injuries

Soft tissue injuries, such as bruising, abrasions, and even minor cuts, are common with slip-and-fall incidents. These injuries are often among the easiest to care for following a slip-and-fall accident.

Dislocated Shoulder

If a victim falls on their side, sustaining a dislocated shoulder is usually the most common outcome.

Hip Fractures

For elderly victims of slip-and-fall incidents, one of the most common types of injuries is a hip fracture. Per the Centers for Disease Control and Prevention, over 95% of hip fractures are the result of a fall.

Head Injuries/Traumatic Brain Injuries

Concussions and any injury to the head or face, such as broken teeth, a dislocated nose, and lacerations, are some of the most serious and common types of injuries that can result from a head injury after a slip-and-fall accident.

In addition to head injuries, traumatic brain injuries (TBIs) can result from a fall. A TBI is when the brain experiences severe trauma from a blow, lack of oxygen to the brain, or from an object impaling the brain. TBIs can be incredibly difficult to recover from and often result in lifelong struggles for the victim.

Neck And Spine Injuries

Experiencing a fall often leads to the victim damaging the vertebrae along their neck and spine, causing injuries that can significantly vary in terms of severity.

Knee Injuries

Common types of knee injuries can include abrasions and injuries to the ligaments surrounding the knee, including a torn meniscus or ACL. For many people who experience a slip and fall, landing on the knees is one of the most common ways to hit the ground.

What Must Be Proven To Win A Slip-And-Fall Case?

Like any personal injury case, negligence must be proven in order to be successful in your slip-and-fall claims. To prove negligence, you must be able to establish the four elements of negligence, which include:

Duty

This first element of negligence requires that the plaintiff demonstrate that there was a duty owed by the defendant to the plaintiff. These duties can include keeping the premises safe for customers or visitors within certain locations. For example, the owner of a store has a duty to keep the premises safe for customers, whereas the owner of an apartment building has a duty to keep the premises safe for its patrons and other visitors. Once the plaintiff can prove that there is a duty owed by the defendant, they can move on to establishing the next element of negligence.

Breach

The second element of negligence that must be proven by the plaintiff is that the defendant breached the duty owed to the plaintiff. As indicated above, the defendants in slip-and-fall cases typically are landowners who have a duty to keep their property safe for anyone visiting their property. For example, should a landowner be aware of dangerous floorboards or a leak on their property that they fail to maintain, then the landowner has breached their duty of keeping their premises safe. Should the landowner fail to keep the premises safe, then they likely have breached any duty they may have owed to their guests or patrons.

Causation

The third element of negligence that the plaintiff must be able to satisfy is causation. Under this element, the plaintiff must be able to show that the defendant’s breach of duty caused the plaintiff’s injuries. For example, should the plaintiff sustain a head injury after having slipped on a wet floor that the landowner failed to fix, then the plaintiff will be able to establish that the landowner’s breach of duty was the cause of the plaintiff’s injury.

Damages

Lastly, the plaintiff must be able to show that they have sustained damages as a result of the negligence. Whether economic or non-economic, establishing some extent of damages incurred is the final step in asserting a successful negligence claim.

The Standard For Reasonable Care

The reasonable care standard is commonly used in tort cases, especially personal injury cases. This standard is applied in situations where negligence is at issue, and the defendant owes a duty to others, a duty which they may have breached.

In other words, the reasonable person standard assesses whether a reasonable person would have taken action in a certain situation and failing to do so would be negligent. Furthermore, this standard also considers whether a reasonable person would not have acted in a certain way because doing so would be negligent.

Determining whether the defendant met the standards of reasonable care is an essential element of any slip-and-fall case. If you are able to establish that the defendant did not act as a reasonable person would, then you are likely to be successful in your case.

What If I Am Partially At Fault?

There are certain things to be taken into consideration when determining negligence in any slip-and-fall case, such as whether or not you are partially at fault for the injury. For example, did you know that the floor was wet prior to walking and thus falling in that area? Or were you aware that construction was taking place throughout a piece of property and that the floor may not be stable, but you decided to walk on it anyway? In those situations, your level of negligence may be considered when determining your damages.

Comparative Fault

In a comparative fault state, the court assesses the percentage of fault each party may have in causing the accident. This standard may diminish a defendant’s liability should the court find that the plaintiff’s negligence was also a cause of the accident.

Comparative Negligence

In cases where the plaintiff and defendant are both at fault for the injuries, California follows a “pure comparative negligence” rule. Under this California comparative negligence law, the amount for which you may be compensated will be reduced by an amount that is equal to your percentage of fault in causing the accident. Our personal injury attorneys can help you understand whether your liability will be a factor in determining your settlement amount.

How Is Fault Decided?

Determining fault involves establishing which party may be responsible for certain aspects of an accident. Determining fault may include identifying the property owner or property manager or who’s responsible for the conditions that led to your accident.

Additionally, it’s important to understand that public and private property owners or managers may still be liable if someone was trespassing if they knew it was common for people to trespass on their property.

How Can A Slip-And-Fall Attorney Help Me?

Slip-and-fall accidents can often extend beyond just being a simple injury that causes temporary pain or discomfort. Sometimes, these accidents can cause lifelong pain and suffering. Despite whether you make a full recovery from your slip-and-fall accident, you are still entitled to compensation if your fall was caused by someone else’s negligence.

Hiring a slip-and-fall lawyer is one of the best ways to ensure you determine liability and file a claim against the appropriate party. Your experienced lawyer will investigate the case, subpoena documents, review evidence, and interview witnesses to establish liability. Your lawyer will also ensure you understand what is taking place at each step of your slip-and-fall lawsuit.

Our personal injury lawyers can help you build a successful case by doing the following:

Accurately Calculate Your Damages

Our personal injury attorneys at Sette Law will determine your damages as well as the type and amount of compensation you are entitled to. Calculating damages can be a complex part of any personal injury case, as there are plenty of factors to take into consideration within the categories of economic damage and non-economic damages. Our expert attorneys thoroughly understand the best methods of calculating damages to ensure our clients receive maximum compensation for their slip-and-fall injuries.

Find Evidence Of Liability

An experienced personal injury lawyer will be sure to collect evidence that helps prove your case. This includes the photos, surveillance footage, witness statements, hospital bills, and other documentation. Your personal injury attorney will thoroughly analyze any evidence possible in order to create the best possible legal arguments in your favor.

Professional Negotiation

Once the discovery phase has come to an end and settlement discussions begin, our personal injury attorneys at Sette Law are highly experienced in negotiating a fair settlement with the negligent parties.

If Need Be, Take The Case To Trial

While going to trial is uncommon, our personal injury attorneys are well-versed trial attorneys and understand how to present the best possible argument in your favor to a judge and jury.

About 5% Of Slip-And-Fall Cases Go To Trial

Despite what popular culture leads the public to believe about the legal system and the commonality of cases going to trial, in reality, hardly any cases ever even make it to trial at all. This is because, in most cases, especially slip-and-fall cases, it is more lucrative for the parties involved to reach a settlement prior to going to trial. Trials are costly and time-consuming, making it something most attorneys seek to avoid unless a trial would likely be the most beneficial outcome for the client. However, for many slip-and-fall cases, the juries typically are difficult to sway, making it another reason that many of these types of cases settle before ever reaching court.

If you are wondering whether a trial would be beneficial to your claim rather than reaching a settlement, be sure to inquire about this during your consultation with the personal injury attorneys at Sette Law.

What Is The Average Payout For A Slip-And-Fall Claim?

Like any other personal injury lawsuit, determining the average payout for slip-and-fall claims can be difficult, as there are so many elements that must be taken into account that make each case unique. However, a solid ballpark estimate for the average payout of these types of lawsuits is within the range of $10,000 to $50,000. But it’s important to consider that the severity of the case may either be drastically higher or significantly less than these figures.

Types Of Damages You Can Claim

As with any personal injury case, there are plenty of damages you can seek in a slip-and-fall case to seek reimbursement for any costs that stem from the accident, along with any additional compensation deemed necessary.

Economic damages and non-economic damages are assessed and often awarded in essentially any personal injury case. Economic damages consist of any costs you may incur because of the accident, including:

Childcare costs
Lost wages
Medical bills
Personal care costs
Transportation costs

In addition to economic damages, you can also seek non-economic damages, which include any damages incurred for the accident’s toll on your emotional and physical health. Some of the most common reasons for receiving non-economic damages include:

Anxiety
Depression
Grief
Loss of intimacy
Loss of quality of life
Pain and suffering
Post-traumatic stress disorder

In addition to economic and non-economic damages, California permits accident victims, in some cases, to seek punitive damages. Punitive damages apply if a person’s deliberate inactions or actions cause harm. In order to successfully establish punitive damages, your slip-and-fall attorney must establish that the defendant was aware that there was a high probability their inactions or actions could harm someone and continued with their course of inaction or action, justifying a gross negligence claim.

Who Pays A Slip-And-Fall Settlement?

A slip-and-fall settlement can be paid out in more than one way. Typically, the insurance company will pay this settlement fee. However, in some situations, the landowner will pay. Be sure to discuss this with your attorney to understand how you will be compensated.

How Long Do I Have To File A Slip-And-Fall Claim?

Under the California statute of limitations for personal injury cases, a person has two years from the date of the injury to file their claim.

If You Have Been Injured In A Slip-And-Fall Accident, Let Sette Law Help You

A lawyer assisting their client with filling out paperwork. On the desk is also a gavel and the scales of justice.

Our attorneys at Sette Law are eager to help you recover damages after your Sacramento, California, slip-and-fall accident. We’ll prepare and file the legal paperwork and use our investigation to locate the evidence needed to support your claim. You’ll be able to focus on maximizing your recovery, while Sette Law focuses on getting you the maximum compensation you deserve.

Don’t wait too long to file a claim; call Sette Law now!