Slip and Fall
Greg Prosmushkin
Apr 17, 2023

Slip and fall accident cases are difficult to win. To receive an award in a slip and fall case, you need to prove three essential factors:

  • The accident happened due to someone else’s negligence;
  • The accident resulted in injuries;
  • You sustained damage as a result of those injuries, like medical bills or other financial costs.

Some factors that make slip and fall cases challenging are the specific circumstances of the accident, the evidence available, and the laws and regulations prevailing in Philadelphia in which the incident occurred.

An experienced slip and fall lawyer can advise you on the details of your case.  

The challenges that may arise in a slip-and-fall case

One of the biggest challenges in a slip and fall case is to prove negligence. To win the case, a plaintiff must prove that the property owner was careless and did not display warning signs or take other measures necessary to prevent the accident. Proving negligence also requires collecting evidence, including maintenance records, witness statements, and other documentation. 

Legal challenges may also involve the discovery process, expert witness’s presentation, hiding testimony, comparative negligence law, premises liability laws, and settlement negotiations. Some of the other challenges are:

Shared fault: In some cases, the plaintiff may have contributed to their own injuries by not paying attention or disregarding warning signs. If the plaintiff is found to be partially at fault, it can affect their compensation.

Statute of limitations: There is a limited amount of time to file a slip and fall lawsuit, depending on the laws. Failing to file within the statute of limitations can result in the case being dismissed.

Tactics of the insurance company: Insurance companies may try to minimize the compensation they pay out to the plaintiff, even if the plaintiff has a strong case. They may try to argue that the plaintiff’s injuries are not as severe as claimed or that the plaintiff was partially at fault for the accident.

What percentage of slip and fall cases go to trial?

Nearly 3% of the slip and fall cases go to trial according to the U.S. Department of Justice. With so many cases settling out of court, you need to take advice from experienced attorneys who understand the guidelines and time restrictions prevailing in Philadelphia.

Sometimes, insurance companies decide to pay out-of-court settlements. When a victim agrees to accept a settlement, they do not need to go to court, give up their right to file a personal injury claim, and receive reimbursement for their damages. 

It is entirely up to the injured party to decide whether or not to accept a settlement offer. If the settlement offer seems fair, it is usually easier to accept the offer than to seek additional money in court. 

If the settlement offer is inadequate, it may be better to go to trial. In either case, before accepting or rejecting any offer, the injured victim would be well advised to consult an experienced attorney for legal advice on the details of the settlement. 

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Are you still wondering why slip and fall cases are hard to win? If so. schedule a first free consultation and discuss the circumstances of your case with our legal staff.