Slip and fall accidents can happen in the blink of an eye, but the physical, emotional, and financial impact can last a lifetime. If you have been injured in a slip and fall caused by another person’s carelessness, you may be considering legal action. One common question many slip and fall victims have is: Do most slip and fall cases settle out of court or do they proceed to trial? As experienced Philadelphia slip and fall lawyers, we at Gibbons & Crichton, Personal Injury & Accident Lawyers, are here to provide insight into how many slip and fall cases go to trial and what factors influence whether a case settles or is decided by a jury.
The Vast Majority of Slip and Fall Cases Settle Before Trial
While it may seem like personal injury lawsuits frequently end up in dramatic courtroom showdowns, the reality is that the vast majority of slip and fall cases are resolved through pre-trial settlements. Statistics show that over 95% of personal injury cases, including slip and falls, settle before making it to the trial stage. There are several reasons why out-of-court settlements are so common:
- Trials are time-consuming and expensive for both sides. Taking a case to trial means paying lawyers to prepare for and attend the trial, which can take days, weeks or even longer. There are also additional costs like expert witness fees. Many defendants opt to settle to avoid these expenses.
- Trials are unpredictable. No matter how strong a case may seem, it is impossible to know for sure how a jury will decide. Rather than risking a massive verdict, defendants often prefer the certainty of a known settlement amount.
- Negative publicity can be avoided. Court cases are public records. For businesses and property owners, settling quietly is often preferable to the potential negative publicity of a trial.
- Trials are stressful for plaintiffs. Injury victims may not want to deal with the anxiety and emotional toll of a drawn-out court battle. Settling allows them to obtain compensation and move forward faster.
For these reasons, a slip and fall case will likely reach a settlement agreement rather than be resolved at trial. However, that does not mean a settlement is guaranteed.
Factors That Influence Whether a Slip and Fall Case Will Settle
Slip and fall court cases are unique. While most do ultimately settle out of court, whether an individual case will settle depends on the specific factors and evidence involved. Some of the key considerations that impact settlement potential include:
Dispute Over Liability
For a slip and fall case to succeed, the plaintiff must prove the property owner was negligent in addressing the hazard that caused the fall. A settlement may be less likely if liability is unclear or hotly disputed. Property owners who feel they have a strong defense may be more willing to take their chances at trial.
Disagreement Over Damages
Even if the defendant accepts liability for the slip and fall, there can still be significant disagreement over what constitutes fair compensation for the plaintiff’s damages. If the victim has extensive medical needs, a permanent disability, substantial lost earnings, and a strong claim for pain and suffering, but the insurance company refuses to offer adequate compensation, going to court may be necessary.
Low Policy Limits
If the defendant has an insurance policy with relatively low liability limits, the insurance company may opt to just pay the policy limit rather than incur the cost of settling for a higher amount. In these cases, litigation may be required to pursue additional sources of recovery.
Plaintiff Characteristics
Insurance companies consider the individual plaintiff when assessing settlement. If the plaintiff is highly sympathetic (e.g. an elderly person with a spotless background who was seriously injured), the insurance company may be motivated to settle to avoid a huge plaintiff verdict at trial. On the other hand, if the plaintiff has major credibility issues, prior claims, or significant pre-existing health problems, the insurance company may be more willing to roll the dice at trial.
While these and other factors can make settlement more difficult, it is important to remember that strong legal representation can often overcome settlement hurdles. An experienced slip and fall lawyer can marshal evidence to prove liability, document damages through medical records and expert opinions, and engage in aggressive settlement negotiations to convince the insurance company to offer a fair settlement and avoid the risk of trial.
What If Settlement Is Not Possible?
In some cases, the defendant refuses to offer an acceptable settlement. The initial settlement offer may be far too low, or they may refuse to make any offer at all. If a fair agreement cannot be reached, you need an attorney who is fully prepared to take your case to trial. While court cases do take longer than out-of-court settlements, they are sometimes necessary for slip and fall victims to be fully compensated.
If your case does go to trial, having a skilled litigator in your corner is essential. Slip and fall trials can involve complex evidence, including accident scene recreation, medical records, and expert testimony from doctors, engineers, and occupational specialists. The defendant, often a business or insurance company, will have a team of lawyers fighting to avoid liability.
You need an advocate who can build a compelling, evidence-backed case and persuasively present it in court. Our lawyers have extensive courtroom experience and a track record of success trying to challenge slip and fall cases to verdict. While we will first make every effort to reach a favorable settlement out of court, we will not hesitate to argue your case at trial if it is in your best interests.
Get Help from Our Philadelphia Slip and Fall Attorneys
If you have been hurt in a slip and fall accident, the dedicated attorneys at Gibbons & Crichton, Personal Injury & Accident Lawyers, are here to help. We will thoroughly investigate your accident, gather evidence, interview witnesses, and craft a strong case for maximum compensation, whether through settlement or at trial. Our lawyers have a proven history of successfully holding negligent property owners accountable and obtaining the financial recovery our clients need and deserve. Get in touch with us today.