How Does a Slip and Fall Case Work?

Slip and fall cases involve a person falling and sustaining injuries because of a hazardous condition. For example, imagine someone is walking down a grocery store aisle and slips on a puddle of water. As a result of this fall, the person breaks two ribs and sprains their back. In this case, that individual may be able to obtain compensation through a slip and fall claim. Here is an overview of slip and fall cases to help you understand how an attorney may build one of these claims. If you’ve suffered injuries in a similar situation, speak to one of our premises liability lawyers to learn more about your legal options.

Investigating your case

The first part of a slip and fall case involves investigating the facts. Your lawyer can help you review issues like:

• Did a hazardous condition lead to your slip and fall accident?
• What measures did those in charge of the premises take to prevent your slip and fall accident?
• Did you require medical treatment for your injuries, and as a result, accrue substantial medical bills?
• Did the injury cause you to miss work and lose wages?
• What other damages did you sustain as a result of this slip and fall accident?

Answering these questions can help you build a compelling case, but to do so, you’ll need evidence. Some of the information you and your lawyer may collect includes:

• Statements from the witnesses who saw you slip and fall.
• Surveillance footage of the slip and fall.
• Your medical records/injury reports.
• Your pay stubs and wage slips.
• Maintenance/repair records for the hazardous conditions that led to your slip and fall.
• Any incident report you made after the slip and fall.
• Photos/videos of the hazard that led to your slip and fall.
• Statements from the doctors who have been treating your slip and fall injury.

The sooner you speak to an attorney, the better chance you’ll have of getting ahold of this evidence and being able to build a compelling case.

Damages that you may recover in a successful lawsuit

You might not even know the types of damages that could be available in your case. Your lawyer is there to help you understand the categories and calculate a demand for compensation that actually reflects your losses – both financial losses, as well as intangible losses. For instance, you may recover for the following:

• Your pain and suffering.
• Any out-of-pocket costs associated with this slip and fall.
• The wages you lost by not being able to work.
• Costs of the related medical treatments you required.
• Expenses related to your long-term care needs.
• Damages for permanent disability.
• Compensation for your reduced earning prospects.

In North Dakota, liability depends on whether the condition posed an unreasonable risk of harm and whether the injured person exercised reasonable care under the circumstances. To recover any of these damages, your lawyer will need to collect evidence and create a compelling case that proves:

• The property owner – or another relevant party – was negligent.
• Their negligence led to your slip and fall accident.
• Your slip and fall accident led to injuries.
• These injuries created damages.

Additionally, North Dakota follows a modified comparative fault system, meaning you can often still recover for your injuries even if you are partly at-fault. However, the amount of damages available may be reduced to reflect your own negligence. Also, you will not be able to recover anything if you are more than 50% at fault.

Working with experts

Sometimes, your lawyer may engage the help of expert witnesses. For example, if the fall caused an injury to your head, you might need a medical expert who can testify about the ongoing impact of a concussion or traumatic brain injury. You might also need a vocational expert who can show how that brain injury impacted your ability to work in the position you previously held, and how it might reduce your earning potential moving forward. Your lawyer can talk you through how these professionals may be able to help you recover an amount that will support you well into the future.

Negotiating a settlement

Slip and fall cases, like most civil cases, are more likely to settle out of court than they are to go to trial. Your lawyer is there to help you negotiate a settlement, but they should also be willing to go to court. By preparing to litigate your claim, your attorney can often achieve better results. If an insurance company believes that your lawyer doesn’t want to take your claim to trial, they will be less motivated to make a strong offer.

While your case may proceed through the various stages of litigation, like discovery and depositions, it’s likely that you will reach a resolution before trial. However, if the insurer is not willing to make an offer you and your attorney find acceptable, you may have to take your case before a judge and jury. Your lawyer can help you prepare for this possibility.

Taking your case to trial

If your slip and fall case goes to trial, your lawyer will fight for you in the courtroom. At the conclusion of that trial, the jury makes a decision regarding the compensation you will recover. While a trial might sound intimidating, the responsibility is on your attorney to prepare and argue your case. Sometimes, it’s the best or only way to get results that actually reflect your injuries.

Getting a premises liability lawyer’s help

If you slipped, fell, and were injured as a result, you may be entitled to compensation. Contact a North Dakota premises liability lawyer today using this contact form. We are ready to guide you through the claims process.