If you’ve been injured in a slip and fall accident, you probably wonder if you’ll have to go to court to resolve your case. You might be surprised by the answer. Most slip and fall cases in Birmingham, Alabama, settle out of court.
Why Do Most Slip and Fall Cases Settle Out of Court?
The courts are busy, so they would rather avoid judge and jury trials. In fact, most personal injury cases across the country settle out of court because they are more efficient and easier for both parties involved.
Most slip and fall cases settle out of court because it is often impossible to prove fault 100%. It’s not always easy to demonstrate who was at fault in a slip and fall accident – which revolves mostly around premises liability. If there was no video footage or witnesses, it could be difficult to argue one way or the other regarding responsibility. Additionally, many defendants use this opportunity to argue contributory negligence—that you contributed to your own injury by being distracted or not paying attention when you should have been.
Another reason that most slip and fall cases settle out of court is that insurance companies are motivated to settle quickly to avoid financial costs associated with a trial.
Among the many reasons why most negligence cases – including premises liability and slip and fall incidents – settle out of court, the following are the most common:
- The inability of the defendant to pay vast amounts of money that a jury might reward a plaintiff. In most out-of-court settlements, the sums are negotiated considering insurance policy limits and other financial aspects related to the injuries’ severity and the defendant’s willingness to settle amicably.
- The plaintiff can’t prove negligence.
- The defendant blames the plaintiff for contributory negligence
- Insufficient evidence to support that the defendant was negligent toward the plaintiff
- The amount of time, effort, and money typically associated with a trial.
What To Expect When Settling a Slip and Fall Case
When you’re injured in a slip and fall accident, it can be difficult to know what to do next. If you’ve suffered serious injuries that require medical attention and treatment, you may wonder how you will pay your bills.
Injuries from slip and fall accidents can range in severity, often resulting in broken bones, back injuries, head injuries, and other more serious conditions.
If your injury was caused by the negligence of a business or property owner, you have the right to take legal action against them. The only thing is — that you might not want to go to court. The good news, as we said, is that most slip and fall cases don’t end up going to court.
Who Can Advise You When Negotiating for a Settlement?
You should use an attorney, preferably someone specializing in personal injury and has experience with structured settlements, specifically Birmingham slip and fall attorneys from the Morris Bart Law Firm. Once they establish liability and assign monetary values to your losses and injuries, your lawyers will initiate negotiations with the other party. In most cases, you will receive a lump-sum settlement or monthly payments, depending on the terms of the agreement. An attorney will not only help you negotiate with insurance companies and other parties involved in your case, but they will also be able to help you understand the legal process and how to make the most of your structured settlement.
When Can a Settlement Case Go to Court?
A settlement case can go to court if the lawyers or parties involved on all sides agree. This is known as a consent judgment.
But what happens if one or more parties refuse to agree? At some point, the lawyers and parties may decide that it’s not possible to reach an agreement, in which case they will ask a judge to make a ruling on the case. They will do this by filing a motion with the court.
A motion is a request for judicial action. It’s typically accompanied by an affidavit, a sworn statement from one of the involved parties to use as evidence.
Typically, judges are reluctant to rule on cases unless there has been a considerable effort on both sides to reach an amicable agreement. So before asking a judge to rule on your case, you’ll need to show that you have engaged in settlement negotiations in good faith.
How Much Is Your Birmingham Slip and Fall Claim Worth?
Slip and fall compensations vary depending on:
1. The severity of the injury
2. The permanency of the injury
3. The medical bills incurred
4. Whether there was a loss of income or wages due to the injury
5. Whether there is any nerve or muscle damage as a result of the accident
6. Whether you can go back to work or not
7. Whether your injuries will impact your ability to care for yourself in the future
If you were partially at fault for the accident, it could lower the amount of money you get in compensation.
Attorneys and their clients can agree on a settlement much easier than litigating the case, which is why so many slip and fall lawsuits are ultimately settled out of court. With that said, it’s not always a clear-cut process. The decision to settle a slip and fall case is usually made case-by-case. First, the parties involved have to examine the evidence and agree. If the cases go to court, it gets much more complicated. Luckily, the personal injury attorney managing your case can take it to trial and argue until a judge or jury awards you a fair verdict and compensation.
About the author:
As a journalist, Leland Bengtson dedicated most of his career to law reporting. His greatest satisfaction is to convey legal matters to the public in a language that they can understand. He is active on various platforms and media outlets, writing about common legal issues that people confront with every day. While medical malpractice is his strong suit, Leland covers plenty of other topics, including personal injury cases, family law, and other civil and even criminal legal matters.
