Do Slip and Fall Cases Go to Trial?

Do Slip and Fall Cases Go to Trial?

Slip and fall accidents can result in serious injuries and complicated legal processes. Slip and fall cases in New York are addressed under premises liability, a legal concept that holds property owners responsible for maintaining safe conditions for visitors. 

Most slip and fall claims don’t end up going to trial. They get resolved during the negotiation stage since lawsuits can be prolonged, costly and unpredictable. Pertaining to this, each case is unique and different. If you have experienced a slip and fall, it is best to consult with a New York City premises liability attorney to ensure your rights are protected throughout the process.

When Does a Slip and Fall Claim Go to Trial in New York?

A slip and fall claim can go to trial when the parties involved, typically the injured party (plaintiff) and the property owner or occupier (defendant), cannot reach a settlement through negotiation, mediation, or other alternative dispute resolution methods. The decision to go to trial is often influenced by several factors, and the specific timeline can vary. These are common scenarios that may lead to a slip and fall claim going to trial:

Failed Negotiations

If attempts at negotiation between the plaintiff and the defendant, often facilitated by their respective attorneys, prove unsuccessful in reaching a fair settlement, the case may proceed to trial.

Unresolved Disputes

Disputes regarding liability (who is at fault) or the amount of compensation may remain unresolved during pre-trial proceedings, prompting the need for a trial to resolve these issues.

Statute of Limitations Nearing

If the statute of limitations, which sets the time limit for filing a lawsuit, is approaching, your lawyer may decide to file a lawsuit to preserve your legal rights, even if settlement efforts are ongoing.

Insurance Company Resistance

If the defendant's insurance company is unwilling to agree to a reasonable settlement, the case may proceed to trial as the injured party obtains a favorable judgment in court.

Percentage of Slip and Fall Cases that Go to Trial in New York

The percentage of slip and fall cases that go to trial is very low compared to the number of cases filed. Most slip and fall claims are resolved through settlements or alternative dispute resolution methods before reaching the trial stage.

Settlements offer benefits such as:

• Time and Cost Savings: Trials can be lengthy and expensive. Settlements allow parties to resolve the matter more quickly and with lower legal costs.
• Predictability: Both parties have more control over the outcome and can predict the results, whereas trials involve uncertainties.
• Privacy: Settlements are private, while trials are conducted in open court, making details of the case public.
• Reduced Stress: The emotional toll of a trial can be significant. Settlements provide a way to avoid the stress and uncertainty associated with a trial.

Consult with a New York slip and fall accident lawyer to assess the merits of your premises liability claim and explore the most appropriate course of action, whether through negotiation or pursuing a trial if necessary.

Average Payout for a Slip and Fall Claim in New York

Slip and fall settlements or verdicts can range from a few thousand dollars to millions of dollars.

Several key factors influence the compensation amount:

• Severity of Injuries: The extent of the injuries suffered by the plaintiff plays an important role in determining compensation. More severe injuries that result in long-term effects or disabilities typically lead to higher payouts.
• Medical Expenses: Compensation often includes reimbursement for medical expenses incurred due to the slip and fall. This can include hospital bills, surgeries, rehabilitation, and ongoing medical care.
• Lost Wages: If the plaintiff is unable to work or experiences a loss of income due to the slip and fall, compensation may include lost wages.
• Pain and Suffering: Non-economic damages, such as pain and suffering, emotional distress, and a diminished quality of life, contribute to the overall compensation amount.
• Property Owner's Negligence: The degree of negligence on the part of the property owner or occupier is a critical factor. If the owner was aware of a hazardous condition and failed to address it, this may result in higher compensation.
• Insurance Coverage: The insurance policy limits of the property owner or business where the slip and fall occurred can impact the maximum amount of compensation available.

Get an Edge During Negotiations for Your Slip and Fall Claim in New York City

You need to be proactive in your approach to ensure the insurance company takes your claim seriously and decides to settle it. Get legal representation from a New York slip and fall attorney as soon as possible. They will assess the strength of your claim and obtain the necessary evidence that demonstrates the property owner’s failure to address or correct the hazardous condition.

They will collect and present all relevant evidence, including medical records, accident reports, and any other documentation supporting the claim. They will also clearly articulate the extent of the injuries, the impact on your life, and the financial losses incurred. This helps create a compelling case for fair compensation.

Experienced lawyers can anticipate the arguments and strategies the other party might use and prepare strong counterarguments, increasing the chances of a favorable settlement. They can also propose unique solutions or compromises that can break negotiation deadlocks.

Negotiations generally take time since insurance companies use multiple tactics to delay settling. You need to be patient but persistent in your pursuit of fair compensation. You should also be prepared to counter low settlement offers with compelling arguments.

Tactics Employed by Insurance Companies to Delay Negotiations

Insurance companies often employ the following strategies for discouraging claimants:

• Lowball Offers
• Requesting Unnecessary Documentation
• Frequent Changes in Adjusters
• Foot-Dragging in Investigations
• Denying Liability
• Stalling Tactics
• Disputing Medical Treatment
• Claiming Pre-Existing Injuries
• Demanding Unreasonable Authorizations
• Forcing Arbitration or Mediation
• Using Time Limits
• Complex Settlement Procedures

How to Win a Slip and Fall Claim that Goes to Trial in NYC?

These are a few key elements that need to be proven for a successful personal injury claim:

• Duty of Care: The property owner or occupier had a legal duty to ensure a safe environment for visitors.
• Breach of Duty: There was a breach of the duty of care, meaning the property owner failed to take reasonable steps to prevent or address hazardous conditions.
• Causation: The hazardous condition directly caused the slip and fall accident.
• Notice: The property owner had actual or constructive notice of the dangerous condition. Actual notice means they knew about it, while constructive notice means they should have known through reasonable inspection.
• Foreseeability: The property owner could reasonably foresee that the dangerous condition could cause harm to visitors.
• Damages: The plaintiff suffered actual damages, such as medical expenses, lost wages, pain, and suffering, as a result of the slip and fall.

Choose a Dedicated Premises Liability Lawyer in New York City to Maximize Your Compensation

The Law Offices of Michael S. Lamonsoff, PLLC, led by the renowned "Bull," is fully equipped to handle the challenges of premises liability. You can expect personalized attention, regular updates on your case, and a relentless pursuit of the justice and compensation you deserve.

Michael S. Lamonsoff, aka "The Bull" is known for his strategic and forceful approach in fighting for clients' rights. His tenacity in the courtroom has earned him the reputation of a formidable advocate in New York City. Schedule your free and confidential consultation with us today. Call 212-962-1020 or write to us online.