Do Most Slip and Fall Cases Settle out of Court?

A slip and fall injury may deserve financial compensation. You may already know that to receive financial compensation, you’ve got to pursue it. That usually means filing a formal legal case. When the topic of a jury trial arises, many slip and fall victims immediately start to worry about their case going to trial. Our Miami slip and fall attorneys know that going to trial is a big concern for many slip and fall victims.

Do Most Slip and Fall Cases Settle out of Court?

Yes, most slip and fall cases settle out of court. Only a very small percent of slip and fall cases go to trial. The exact number varies by jurisdiction, but the number going to trial is approximately 2%. The rest of the cases reach a non-trial resolution either by settlement or by the court issuing a summary judgment in favor of one of the parties. The parties have some control over whether their case goes to trial through case preparation and settlement offers. In the end, most slip and fall cases settle out of court.

Slip and Fall Case

Going to Trial for a Slip and Fall Case

As Miami injury attorneys, we spend time talking with our clients in-depth. We know how important it is to know each of our clients personally as we work to represent them effectively. One of the most common questions that clients have is whether their case is going to go to trial. For people who aren’t used to the courtroom, it can be an intimidating place. Most clients have lots of interest in getting compensation for their slip and fall cases, but they don’t want to testify in court.

Don’t worry, that’s completely normal. Of course, when you’re the victim of a slip and fall accident, you’re not the one who did anything wrong. The thought of having to answer questions under oath and have your actions questioned can be daunting.

Slip and Fall Cases and Trial

Even if you’re worried about your case going to court, don’t worry. The vast majority of cases don’t go to trial. For slip and fall cases, the percent that goes to trial is about 2% or less. For most slip and fall accident victims, it just doesn’t happen. Most cases resolve by other means.

There are several reasons that most slip and fall cases settle out of court. The courts couldn’t possibly handle the total volume of cases if every case went to trial. The courts have an interest in most cases resolving outside of court. For that reason, they encourage and even order the parties to take steps that make them more likely to resolve the case without needing a jury trial.

As a slip and fall plaintiff, you’ll engage in settlement negotiations with the other party. Many of these negotiations are informal settlement negotiations that your attorney handles on your behalf. But you might also participate in formal mediations or settlement offers. The purpose of these proceedings is to help you reach a resolution without going to trial. For most litigants, these measures work to reach a settlement in a slip and fall case without needing a trial.

Preparing Your Case to Avoid Trial

There are also things that you, as a litigant, can do to help your case reach a resolution without going to trial. Your attorney works on your behalf to build a strong case. They work with you to gather substantial evidence. When the defense sees that you’ve diligently built your case, there’s a good chance they’re going to want to avoid the expense and uncertainty of a trial.

By working with your attorney on your case, you can put yourself in a strong position to avoid trial. In addition, when an offer arises, it’s up to you as the client to decide whether to accept it. Avoiding trial can be one of your goals when you pursue settlement negotiations. You can rely on your attorneys to give you sound advice while keeping all of your goals in mind at every stage in the case.

What Types of Slip and Fall Cases Go to Trial?

The types of slip and fall cases that go to trial are the cases where there are reasonable disputes about the case. If reasonable minds can see differently about the facts and what really occurred, that can lead to a party resisting a settlement. Legal disputes can stall a case, too.

In addition, if factual pieces are missing, and the other side can’t see the strength of your case, that can be a reason that a slip and fall case goes to trial. Usually, the types of slip and fall cases that go to trial are the cases that have a reasonable dispute or where there is information missing that a party needs to understand why it’s in their best interests to settle the case.

How an Experienced Miami Slip and Fall Attorney Can Help

If your case ends up in the minority of cases that heads towards trial, don’t panic. There are several ways that your attorney can help. First, even if your attorney takes steps to prepare your case for trial, that doesn’t necessarily mean that your case is going to trial. In fact, many cases settle on the courthouse steps only minutes before the trial is set to begin. A case can even resolve in the middle of the trial. While resolutions like that are rare, jury trials are rare, too. Your attorney works to resolve your case up until your trial begins and even after if it’s in your best interests.

When your case is one of the very few that ends up before a jury, your attorney is there to represent you. Together, you prepare. You make a plan. An essential part of what your attorney does for you is help you understand what to expect so that you can walk into the courtroom with confidence.

Going to trial is likely a new experience for you. Before trial, you’re going to spend time with your attorney learning about trial in-depth. When you walk into trial, you’re going to feel prepared. Your attorney explains what happens during a trial, and they prepare with you for your testimony. Not all clients have to testify; it just depends on the personal circumstances in your case.

Slip and Fall Attorneys Miami Florida

Call the Miami Florida slip and fall attorneys that fight for you. Call today for your free consultation. There is no fee unless you win.

About the Author

attorney Jack Bernstein standing in front of a blurred background

Jack G. Bernstein, ESQ.

Jack Bernstein is a hard working and highly motivated personal injury attorney in Miami, Florida with over three decades of experience. He is a strategist and idea person, with a genuine passion for helping his firm’s clients. If you've been injured, contact Jack Bernstein today for a free evaluation of your case.

The information contained herein is intended for informational purposes only and should not be construed as legal advice. Seek competent legal counsel for advice on any legal matter.