Do Most Slip and Fall Cases Settle Out of Court?
Yes. Many slip and fall cases do settle out of court. Maybe too many. Insurance companies will try to “lowball” an injured person with a quick lump of cash. They want to settle quickly — and cheaply — and keep a slip and fall lawsuit out of court.
That initial offer might seem like a lot of money. It’s very enticing if you’re missing work and looking at future doctor bills.
However, consider the ongoing pain of an injury. It might affect your body in the future in the form of arthritis, aches and pains. Once you think about other issues that might arise years from now, those initial settlement offers are usually a tiny percentage of the money you deserve.
The experienced legal team at the Joel Bieber Law Firm understands, and we’re here to help. Here, we’ll explain what slip and fall cases are, why they often settle out of court, and what you can do to prepare for your slip and fall injury lawsuit. We’ll guide you through slips and falls at work, too.
Contact us if you have more questions or if you’d like a free consultation about your injury.
What is a Slip and Fall Lawsuit?
Slips, trips, and falls are common injuries, and they’re dangerous. They can happen anywhere. But the most common slip and fall situations happen:
● At work — particularly in the construction industry
● While shopping — either inside the store or out in the parking lot
● And in situations where you don’t feel well — like during a hospital stay.
If you’ve slipped, fallen, and injured yourself at work, while shopping, or at the hospital, there’s a good chance you’re entitled to some money!
What is a Slip and Fall Lawsuit?
A slip and fall lawsuit happens when the injured person sues the organization responsible for the injury. Most businesses have liability insurance that will pay for the claim and pay for an expensive lawyer to fight against you.
Naturally, insurance companies will look for the cheapest way out of the situation. They’d much rather settle a slip and fall case out of court for a few thousand dollars, rather than pay a high-priced attorney to defend them. So they’ll offer you a check — it might be a few thousand dollars, or even more. But your injury might be worth much more.
Should I Accept a Check From an Insurance Company After a Slip and Fall Accident?
Probably not. You probably shouldn’t talk to someone from an insurance company if they come to your home after an injury. They’re looking to prove that you’re not seriously injured. For instance:
● Simple greetings like “How are you?” can turn against you if you answer “I’m okay.”
● They might also try to record you or photograph you.
● This is not the time to be outside doing yard work, carrying groceries, or cleaning your gutters.
● Never make any statements about your injury or how you’re feeling.
Instead, reach out to the personal injury attorneys at The Joel Bieber Firm. We are personal injury experts. We’ll help you win the money you deserve after a slip and fall, car accident or other painful situation.
Preparation is essential when filing a slip and fall lawsuit. Let’s talk about things you can do to prepare for your case.
How to Prepare for a Slip and Fall Case
In a nutshell, the best way to prepare for a slip and fall case is to make a paper trail. Keep every document, even if you don’t think it matters.
Also, be sure to follow the doctor’s orders exactly. Take your medications as prescribed, fulfill any requests they have for tests like:
● MRI Imaging
● CT Scans
These tests help describe your injury. They can help doctors (and judges) see how severe your injury is, how much pain it is causing you now, and how likely it will be to cause damage in the future.
Be sure to attend every appointment. Your doctor might ask that you see a specialist, a physical therapist, or even maintain a few follow-up appointments. By paying attention to your doctor’s orders, you build a strong case!
What to do if You Slip and Fall in a Store
If you’ve fallen at a place of business, let them know immediately! Don’t leave without making them document the fall. You’ll want to speak to a manager or supervisor, fill out an accident report, and ask for a copy of it. Check the specifics on the paperwork, like the date and location of the fall.
Documents to keep include:
● Records from hospital and doctor visits, like prescription paperwork or receipts for co-payments.
● Receipts for any medical devices or over-the-counter items — like an Ace bandage or ice pack
● Paychecks reflecting loss of pay, because you missed work for the injury itself, or the doctor appointments.
● A copy of your accident report with the company
Sometimes, after an injury, people will need extra help. If you need to hire extra child care or a landscaper to tend to your yard, keep those receipts.
What if I Didn’t Document the Slip / Fall?
If you left the property without documenting the injury, that’s okay. Sometimes slip and fall injuries (and car accident injuries) don’t hurt much when they happen but become very painful over the next few days. Even if you didn’t document the injury when it happened, you could still have a case. Contact us for help. We’re here for you. And we’ll even come to you!
What to do if You Slip and Fall at Work
Slips, trips, and falls at work are a very different situation.
When you’re injured at work, notify your supervisors immediately! They need to make proper documentation. Follow the same directions as above, concerning paperwork, hospitals, and doctor visits. Again, the paper trail is vital, so ask for copies of any documents and injury reports.
Work injury lawsuits are different from other slip and fall injuries. Know that:
● You might be entitled to a Workers Compensation claim.
● You might qualify for temporary disability or total disability.
● Your rehabilitation costs, like physical therapy, might also be paid.
● Your employer cannot discriminate against you for filing any suit related to your on-the-job injury.
● They cannot fire you, ask you to retire, or change your pay because of your slip and fall case.
Even if a workplace injury was your fault, you have a claim.
What if I Didn’t Notify my Employer About An Accident?
That’s okay. If you were hurt, you still have a case. We can notify your employer for you and Worker’s Comp too. Contact us.
Some jobs are riskier than others. Blue-collar employees in fields like construction, agriculture, mining, and trucking experience more injuries than a bank teller. But a slip and fall accident can happen anywhere! So, regardless of your job, the professionals at The Joel Bieber Firm will work hard to ensure you get the compensation you deserve for a slip and fall accident.
Personal Injury Attorney: The Joel Bieber Firm
No matter where your injury happened — in an oil field or at the grocery store — the qualified team of personal injury attorneys at The Joel Bieber Firm is here to help you. Our highly experienced legal experts work with slips, trips, and fall injuries every day. We’ll work diligently to protect your rights and make sure you receive the full value of your injury! Contact us today for a no-pressure, no-cost consultation.