What are the Chances of a Slip and Fall Case Going to Trial?

Being in a slip and fall accident comes with a lot of headaches that you’d rather not deal with. This includes filing an injury claim against the property owner so that you can receive payment for your monetary losses. For most people, filing a personal injury lawsuit is their first experience with the justice system. That’s why it can be difficult to figure out what you should do when you are offered a settlement by the insurance company

• What happens if we don’t settle out of court? What are the chances of us going to court?

• What are the chances of winning my case if it doesn’t settle before trial?

• If I am partially at fault for the accident, is it better to settle my case, even if I’m not happy with the insurance company’s offer?

• My lawyer is pushing me to take my chances in court. Can I tell my lawyer that I don’t want to go to trial?

These are just some of the questions you are probably grappling with as you wait for a resolution to your fall accident injury claim. Depending on how long you have been waiting, you may have seriously considered the possibility of asking for a trial date. On the other hand, you have probably been advised by your attorney that this is a last resort, and that’s certainly a sentiment we can agree with.

Frankly, trials are necessary for only a small percentage of slip and fall lawsuits in California. Still, we understand your need to have a sense of what can happen to your case if negotiations with the insurance company are not going as planned. The slip and fall accident lawyers of Normandie are here to answer any questions you have, so don’t hesitate to give us a call.

Will my Slip and Fall Accident Injury Case Go to Trial?

There is no easy answer to this question, as there are many factors that can increase the possibility of a slip and fall case going to trial. But even in cases that are scheduled for a trial, there is always the chance that it will be settled out of court. In fact, this is what happens with over 95% of lawsuits at our law firm. Still, you want to be prepared for any and all possibilities, which is why you should hire a lawyer with many years of experience in slip and fall injury claims.

Having a strong case with solid evidence will give you the best chance of success, whether you reach a settlement or present your case in front of a jury. Our law firm is ready to investigate your accident and fight for the compensation you deserve as a victim of someone else’s negligence. Contact us today if you would like to discuss your case with a slip and fall injury lawsuit attorney.

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Should I Accept the Insurance Company’s Offer or Ask for a Trial Date?

Before we can answer this question, it’s important to have an understanding of the legal process for a slip and fall accident lawsuit. Though we often refer to personal injury actions as lawsuits, the first step in any case is to file a claim against the property owner. Normally, this involves filing an accident claim with the owner’s insurance company or with a government agency if you were injured on a city, county or state-owned property.

During the process of negotiating an insurance claim, many victims contact us with the following questions:

• Should we consider asking for a trial date for my case if it doesn’t resolve with a demand letter?

• If my case doesn’t settle in mediation, is taking my case to trial the only option?

The demand package we submit to the insurance company is likely to be met with resistance, so don’t be discouraged by their reaction. We anticipate that it will take at least a few exchanges of offers and counteroffers before your case is settled in your favor. This is not the same as filing a lawsuit, by the way, which is not necessary if we are able to agree on a payment amount with the insurance company.

What happens, though, if you are no closer to a settlement even after months of negotiation? This is the point where you may need to file a lawsuit, which means you are prepared to take your case to trial, if need be. But as we’ve mentioned before, over 95% of cases are settled between the two parties before the trial date. This normally happens during court-ordered mediation, but even if mediation is unsuccessful, you can continue to work towards a settlement and agree to the terms before the hearing date.

Do I have a Better Chance of Winning if They Have Accepted Fault for the Accident?

This is not a rule of thumb, but yes, it can make it harder to prevail in a lawsuit if the other side refuses to admit liability. But even if they have not accepted fault, the point of going to trial is to present evidence that will show who is at fault for your injuries. Keep in mind, however, that you will most likely share some percentage of blame for a slip and fall incident, since California is a comparative negligence state. What does this mean? Essentially, every party that’s involved in an accident is assigned a percentage of blame. It’s possible that your share of liability is 0%, but this is rare under the comparative negligence system.

Technically, this means that you are at least somewhat at fault for the incident that resulted in your injuries. However, there’s no denying that whoever is more at fault will have a harder time in court. But as we’ve mentioned before, it’s best to settle your case, if at all possible, rather than taking your chances in front of a jury.

By now, we hope that we have firmly established in your mind that asking for a trial is the last resort. Then again, you probably can’t help wondering, “If there a greater chance that my case will go to trial if I am partially at fault for the accident?”

Frankly, more than 90% of all lawsuits for slip and falls and trip and falls are settled before the trial date. This is the case even if you are at fault for the accident, so liability on its own does not affect whether a trial is necessary to recover your settlement award.

Can my Lawyer Force Me to Settle Before Going to Trial?

No, your lawyer cannot force you into a settlement or any other decision that you are not 100% comfortable with. Sometimes, the line gets blurred between looking out for a client’s interests and pressuring them into a settlement. But attorneys with experience and integrity should have enough self-awareness to know when they’re putting their own interests above that of the client’s. Unfortunately, some lawyers forget that any decision regarding your slip and fall claim is ultimately up to you.

Do you feel like your lawyer is not listening to you when you say that you don’t want to take your case to trial? Are you at a point where you just want to settle your case, but your lawyer is insisting that you take your chances in court? Arguing your case in court is a huge gamble, and it’s a good idea to get a second opinion on your case before you make such a momentous decision.

Our attorneys are happy to provide you with a second opinion on your accident claim for injuries from a slip and fall. Simply contact us at your earliest convenience and schedule a free second opinion consultation with a fall accident lawsuit lawyer.

Contact Normandie Law Firm

Regardless of where you are with a slip and fall claim, recovering from your injuries takes a heavy toll on your finances. That’s why it’s essential to hire an experienced attorney, who can bring you maximum payment for the harm you’ve suffered. They can also provide you with important advice on your legal options, like whether you should agree to a settlement or take your case to trial.

Unfortunately, the cost of legal fees holds people back from seeking the services of a lawyer with experience in slip and fall injury cases. To ensure that you have someone in your corner, we will provide you with a Zero Fee Guarantee from the very first consultation. You pay $0 to hire a personal injury attorney at our law firm, since all our bills are paid by the defendant at the end of your case. That’s the only way we get paid, so you don’t have to worry about any bills from us if we don’t recover your settlement.

For a free case evaluation on your rights and legal options, contact our office 24 hours a day, 7 days a week.

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