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Injury Victims


How Often Do Slip and Fall Accidents Go to Trial?

Published on Aug 20, 2020 at 3:43 pm in Premises Liability.

Caution sign on floor

Even though we may see falls as minor, they can cause serious injuries. According to the Centers for Disease Control and Prevention (CDC), one in five falls causes a serious injury, like a broken bone or a brain injury. When your fall was caused by someone else’s negligence, like a wet floor without a warning sign, then your resulting injury was their fault. You shouldn’t have to bear the financial burden of your injuries alone.

A premises liability lawyer from DiPiero Simmons McGinley & Bastress, PLLC will be able to hold the negligent party accountable for your injuries from your slip and fall and ensure that you get the compensation you deserve. Although most personal injury claims, slip and fall accidents included, are settled outside of trial, some do end up going to court. Having one of our slip and fall accident attorneys on your side through the process will ensure that you get fair compensation regardless of if your claim settles or goes to trial.

Slip and Fall Claim Process

When your slip and fall accident resulted in an injury, you probably want to file a claim against the party who was responsible for the accident in the first place. While it’s likely your premises liability case won’t go to trial, it’s still important for you to know the steps leading up to trial so that you understand what is happening in your case. Your Charleston slip and fall accident lawyer will be able to guide you through the legal process step by step, which includes:

  • Filing. When you cannot reach a settlement outside of a lawsuit or feel the need to take legal action for your slip and fall accident, you will have to file a claim. Having a premises liability attorney on your side through this will help you make the right decisions to get justice for yourself. Documentation from medical examinations, medical bills, and any reports you have filed about the incident will benefit you immensely in your filing.
  • Answer. After you bring forward the claim against the negligent or responsible party, they will have the opportunity to respond to your claim. They will likely tell their own story about how the accident happened and what caused your injuries. This is why having documentation of your injuries and a thorough report of what happened are important for your claim.
  • Discovery. In this step, both sides of the case will be able to look into either sides’ claims. Both sides will look into any information, get testimonies, and try to prove their side of the story as best as they can. This is where your slip and fall accident lawyer will take the lead and ensure that your case is as strong as can be.
  • Settlement. Most cases end at this point because both sides reach a fair settlement. Having a lawyer on your side ensures that the settlement is an agreement that benefits you as fully as possible. If an agreement can’t be reached that has full and fair compensation, then your lawyer will likely advise you to take the case to court.
  • Trial. If a fair settlement cannot be reached, your case will go to trial to be decided by a judge or jury. Both sides will present their evidence, call witnesses to testify, and wait for a decision to be made. Our main task will be proving that the property owner was negligent and that their negligence directly resulted in your accident which caused you injury.

A personal injury claim can take a long time to reach a settlement. When it comes to slip and fall accident claims, they can take just as long because they are often complicated because they require negligence to be proven to assign liability to the correct party. When you file your claim, it could take months or even years to reach a settlement, and even longer to reach a verdict if it goes to court. Your Charleston premises liability lawyer will be able to support you through this potentially lengthy endeavor and keep you feeling confident that you’ll receive the compensation you deserve.

Contact DiPiero Simmons McGinley & Bastress, PLLC

When a property owner doesn’t take proper care of their premises, they could be endangering their visitors who they are supposed to keep safe. When their negligence leads to an accident that injures you, you should take legal action to ensure they are held responsible for what they’ve done or failed to do. Legal recourse may seem intimidating, but filing a claim can make sure that the property doesn’t make the same mistake again and endanger anyone else.

With a Charleston premises liability lawyer from DiPiero Simmons McGinley & Bastress, PLLC, you can feel confident in your legal claim. Our legal experience and knowledge allow us to guide you through the process and ensure that you feel supported throughout the entire experience. Reach out to us today so that we can discuss your potential claim.