Do Most Slip and Fall Cases Settle Out of Court in Vermont?
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Do Most Slip and Fall Cases Settle Out of Court in Vermont?

by | Apr 29, 2021 | Firm News

Falls are one of the top causes of unintentional injuries.

In many instances, falls can cause severe or even fatal injuries, resulting in astronomical medical bills, lost wages, and pain and suffering.

If you’re ever the victim of a slip and fall, you may be entitled to compensation from the responsible party to help cover the damages and expenses related to the accident.

Every slip and fall case is different.

Most cases will settle long before a trial occurs.

Most property owners will understand that settling a slip-and-fall case out of court requires less time and money than taking the case all the way to court.

What Are Slip and Fall Cases?

Slips, trips, and falls are common accidents that lead to injury.

They can happen anywhere, but most slip and falls occur at work, while shopping, or in situations where you might not feel well.

If you have slipped, tripped, or fallen during any of these situations, you are likely entitled to a settlement that will cover the damages you’ve sustained.

Slip and fall lawsuits occur when an injured person sues an organization responsible for an injury.

Fortunately, most businesses carry liability insurance that can pay for the claims, but unfortunately, it will also pay for a lawyer to fight your case.

Businesses and their insurance companies will look for the cheapest way out – they want to pay as little as possible for your damages.

Proving a Slip and Fall Case

Every slip and fall case is different, so they will each have their own set of unique facts and circumstances.

To prove a slip and fall case, you need evidence that can prove these three things:

Liability. You have to prove the premises owner or occupier was liable and negligent in performing their duty of care.
Negligence. You need to prove that the premises owner or occupier breached that duty of care, causing your injury.
Responsibility and Fault. The breach of duty or negligence displayed by the premise owner or occupier caused your injury.
As the victim of an accident, you need to prove that a property owner or occupier acted negligently by failing to warn you about a dangerous condition or failing to clean or fix the dangerous situation.

It might seem like a pretty easy process, but it can prove difficult to prove that a property owner was negligent.

Most property owners and their insurance companies will argue that you had some or all of the fault in your accident so you are responsible for your injuries.

To prove that a property owner was responsible for your injuries, you need evidence proving that they should have known about the dangerous condition and that they didn’t fix i.

Or that a property owner’s carelessness caused the dangerous condition.

Types of Compensation Available
There are several types of compensation available to people after being injured in a fall.

The treatment required after your injuries will depend on how severe they are.

Compensation for your case can help cover:

Medical expenses
Pain and suffering
Loss of future earnings
Lost wages

How Long Do Slip and Fall Cases Take To Settle?
There’s no way to tell how long it takes personal injury claims to settle.

The time it takes will depend on the exact circumstances of your particular case and could range from a few months to a few years.

If you’ve been the victim of a slip and fall accident due to the negligence of someone else, there is little you can do to control the length of time it takes to settle your case.

You may be able to speed up the claims process, but you want to be sure you spend enough time on your case so you can be sure you get a fair settlement.

Settling A Slip and Fall Case
Because each slip and fall case is different, the amount of time it takes you to settle will depend on how strong your evidence is that can prove the property owner caused your accident and the resulting injuries.

The length of the negotiations can be difficult to determine and is ultimately decided by how long it takes the insurance company to offer a fair and appropriate settlement.

Settlement Through Mediation
Mediation is when both parties discuss the claim with the assistance of an impartial third party known as a mediator.

Both parties will have opportunities to address the issues, interests, and information surrounding the slip and fall incident with the mediator.

They will also explore ideas for a resolution to the dispute.

The mediator’s primary role will be to encourage each side to discuss their disputes, describe case arguments, and ultimately reach an agreed-upon satisfactory solution.

What Percentage of Slip and Fall Cases Go To Trial?
Most slip and fall cases will settle out of court before ever coming close to making it to court.

The defendants in these cases understand that it is much less expensive and time-consuming to settle outside of court than it is to take a claim to trial.

Even though the vast majority settle outside of court, your case is unique, and the outcome of your case will depend on the circumstances surrounding your accident.

Some cases will settle long before a jury trial is ever considered, and others can settle just before a trial is set to take place.

Whether or not your case goes to trial is determined by the willingness of the insurance company to offer you a fair settlement after your slip and fall accident.