How Many Slip and Fall Cases Go to Trial?

If you are in the process of filing a personal injury claim or lawsuit especially in West Palm Beach or Fort Lauderdale, you are likely wondering how many slip and fall cases go to trial and how many receive a settlement out of court.

A jury trial can be emotionally taxing and you do face the possibility of losing your case and walking away with no compensation at all. However, sometimes cases do proceed to a trial by jury and it is essential to know what to expect. Hiring a personal injury lawyer for slip and fall cases is imperative, as an experienced attorney will inform you on each step in the process and possible outcomes.

It is likely that your attorney will advise you to settle your case out of court if possible. Many individuals feel that it is better to walk away from a slip and fall claim with some money than nothing at all, especially with medical bills and possible lost wages to account for. In fact, it is rare to see a slip and fall case, or any personal injury claim, make it to the inside of a courtroom for this reason. Yet, it does happen on occasion.

How Many Slip and Fall Cases Go to Jury Trial?

Slip and fall cases are a common type of personal injury claim. According to the National Floor Safety Institute, there are more than one million emergency room visits in America each year attributed to the cause. Additionally, slip and fall accidents are the number one cause of claims for worker's compensation in the country.

The United States Center for Disease Control states that on average Americans spend approximately $50 billion on medical expenses resulting from slip and fall injuries each year. With such a high price tag, in addition to the emotional suffering that can come with an injury, it is understandable that many individuals go the route of filing a personal injury claim when the slip and fall is the fault of another party.

In most slip and fall cases, the courts will order that a mediation take place before a lawsuit can proceed to trial. Most of the time both parties reach a settlement during this process. One reason for this is that trials can be lengthy and costly for insurance companies, and if they know they are likely to lose the case they will end up paying even more than the simple settlement cost. Only a very small percentage of slip and fall cases will ever make it to trial by jury–approximately 2%-5%.

Types of Slip and Fall Cases

There are many different types of slip and fall cases, and looking at the specifics of your unique case helps determine how many slip and fall cases go to trial. Some cases are easier to prove than others. If your case is particularly complex it may end up playing out in a courtroom, where the defendant believes they have a solid chance of winning over the jury.

Common types of slip and fall cases include:

• Falls on broken pavement and sidewalks, potholes or large cracks
• Falls on wet floors from spills a property owner fails to clean up, or weather-related slips such as rainwater or melted snow
• Slip and falls on ice
• Falls that result from overly crowded or cluttered walkways
• Falls on staircases or ramps
• Falls on uneven flooring, such as torn or bunched up carpet
• Falls due to poor lighting
• Falls from a height, such as a ladder or ledge

Common scenes of slip and fall accidents include:

• The workplace
• The home
• Public sidewalks, boardwalks, and parking lots
• Retail stores
• Entertainment venues such as sports stadiums or concert arenas
• Restaurants
• Parks
• Nursing homes
• And more

Common injuries resulting from slip and fall accidents include:

• Broken or fractured bones
• Torn or damaged muscles and ligaments
• Sprains
• Joint dislocations
• Cuts, scrapes, and abrasions
• Spinal injuries and nerve damage
• Concussions and traumatic brain injuries

Proving a Slip and Fall Case in the state of Florida

To successfully win a settlement for a slip and fall case you must prove that another person or organization is negligent and therefore liable for your injury.

Elements of negligence include:

1. Duty of care. The person or organization had a reasonable expectation to protect your safety.
2. Breach of Duty. The person or organization failed to uphold this duty of care and therefore placed you in danger's way.
3. Causation. The person or organization's action or inaction directly caused your slip and fall.
4. Damages. You sustained injury and financial and/or emotional suffering as a result of the slip and fall accident.

All four elements of negligence must be accounted for. When considering how many slip and fall cases go to trial, the defendant will likely ask to proceed to court if they believe they can prove one of these four elements is not met.

Consulting a Slip and Fall Attorney

If you have recently been involved in a slip and fall accident and suffered an injury as a result, consult with an experienced personal injury attorney as soon as possible. Ask them how many slip and fall cases they see go to trial that are similar to your circumstances. Since there are so many scenarios and possible injuries involved in such a case, the answer will vary depending on the unique elements of your situation.

However, it is important to note that you must act swiftly. Personal injury claims have a statute of limitations and you only have so long to file a claim for the courts to consider your case. If you are injured in South Florida, don't wait. Consult with an attorney today.