Chicago Slip and Fall Lawyer
Do You Have Questions About a Slip and Fall Injury?
Well, I am going to talk to you about what goes into figuring out the settlement value of a slip and fall injury case.
As you can imagine I talk to lots of injured people. And the number one misconception that people have is that slip and fall cases are easy to win. I talk to people who tell me that because they fell on someone else’s property, that automatically means that they should win their case.
Honestly, I wish that were true.
Court statistics say that about only one in five slip and fall cases result in a money verdict for the injured person. That’s a 20% chance of winning your case in front of a jury. If your case went to trial 10 times, you would win twice and lose eight times.
Now, on the other hand, I have had substantial success in my practice with slip and fall cases. But you have to have your eyes open about how much time, money, and work has to go into these cases in order to make them successful.
To prove a slip and fall case, we have to prove:
- Where you fell
- What caused you to fall
- How long the problem existed
- That the thing that caused you to fall was unreasonably dangerous
- That you were distracted so you failed to protect yourself from the thing that caused you to fall…
See? I told you it was complicated.
Getting photos of where you fell, and showing the condition it was in when you fell. In these fall down cases, a photos is worth 1,000 words. And, if you can prove by testimony or photos how long the problem was there, then you are building a strong fall down injury case.
You have to have your ducks in a row about how you say you’re fall occurred because insurance companies defend these cases by saying that the person who fell wasn’t paying enough attention to where they were walking.
The sad part is that juries believe this argument, and that’s why these cases are so hard to prove.Not impossible, just harder than for example a car accident case.
The second big misconception about slip and fall settlement amounts is that injury cases all settle AUTOMATICALLY for about three times the medical bills. Again, I wish that were true. Some cases settle for a lot more than that. Other cases settle for less. And these days, it is almost always a fight with the insurance company.
Why would that be the case? I’ll tell you.
Insurance companies resolve cases based on fear: fear of what a jury will do with the case. So if you have a very strong case with very severe injuries, your case is likely to settle for a lot of money.
Unfortunately, insurance companies don’t see slip and fall cases as cases which are strong. That’s because they know the statistics: only one in four or one in five wins in court. So insurance companies often don’t even attempt to settle slip and fall cases. They would rather take them to court and win.
But an experienced lawyer who knows how to work up these cases before going to court can not only encourage the insurance company to come to the settlement table but also put all the evidence together in such a way that put some fear into the insurance company. It would be nice if insurance companies gave the same slip and fall settlement amounts to everybody, whether they have a lawyer or not. But the truth is, how your case is handled and whether it is put together the right way makes all the difference.
The final thing I want to tell you is that it is actually harder to settle the small injury in a slip and fall case then a large injury. If you have very serious injuries in a large amount of doctor bills, it is easier to scare the insurance company into sitting down at the settlement table and offering a reasonable amount of money.
Very small injuries have to settle for very little money. Major injuries are limited only by the skill of the lawyer presenting the case.
"Hiring Scott was one of the best moves I have made in my life. Scott is a down to earth person and attorney. Scott is a 5 star first class act who really knows his stuff. The Judge said his presentation was one of if not the best he had ever seen. Take my advice, hire Scott. I’m sure you’ll be 200% satisfied. I was."
Cab Driver, Fall Down