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Do Most Slip and Fall Cases Settle Outside of Court?

September 17, 2021 | Slip and Fall

Thousands of people are hurt in slip and fall accidents across Canada each year. According to the Canadian Institute for Health Information, there were more than 34,000 injury hospitalizations nationwide for slips, trips, and falls in a recent year alone.

In many cases, slip and fall accidents result from negligence by property owners, which means accident victims are entitled to seek compensation for their injuries. If you file a personal injury claim, there’s a good chance your case will end in an out-of-court settlement.

Is there a big difference between slip and fall cases that end in a settlement vs. the ones that go to trial? In some cases, the answer is yes. Keep reading to learn more from the Vancouver slip and fall accident lawyers at Warnett Hallen LLP.

What Is a Slip and Fall Lawsuit?

Property owners or occupiers have certain legal responsibilities toward guests, tenants, and customers, including the duty to maintain their premises in a safe condition. When an owner or occupier fails in their obligations toward someone on their property, the injured party can file a personal injury claim against the owner or occupier.

Like most personal injury claims, many slip and fall accident lawsuits end in a settlement with the owner’s or occupier’s insurance company before the case goes to trial.

How to Prepare a Slip and Fall Accident Claim

slip and fall lawyerThe best way to prepare for any slip and fall case is to get help from a knowledgeable personal injury lawyer. They can help you gather the proof you’ll need to show an owner or occupier was negligent and document your losses.

There are several advantages to working with a lawyer. First, they can take over every aspect of your case, from preparing your claim to negotiating for the best possible results. They can also advise you of whether a settlement is in your best interests or if it’s worth taking the case to trial.

Settlement vs. Trial in a Vancouver Slip and Fall Case

There’s a risk-reward calculation to consider when it comes to accepting a settlement or bringing your case to trial after a slip-and-fall accident. Settling may mean you will not receive as much as you could at trial, and once you’ve signed off on a settlement, you can’t go back and ask for more money.

On the other hand, a settlement is guaranteed money. If you lose at trial, you get nothing. A lawyer can discuss the pros and cons of a settlement vs. trial as your case unfolds.

Settlement Through Mediation

In some slip and fall accident lawsuits, the plaintiff and the defendant may meet with a neutral mediator to find a resolution before trial begins. This can save both sides a lot of time and money. However, mediation is not binding in most cases, so if you’re not happy with the offer you receive after meeting with a mediator, you can still bring your case to trial.

Getting a Fair Slip and Fall Settlement

Here are a few things you can do to improve your chances of securing a fair settlement after a slip and fall accident:

  • Take pictures of the scene to document the hazards that contributed to your injury(s).
  • Save all your medical bills, pay stubs, and other proof of the losses you’ve suffered due to the slip and fall.
  • Avoid discussing the incident or your recovery on social media. You may accidentally say something that could harm your case.
  • Don’t speak to any insurance companies or accept a settlement before you’ve had a chance to talk to a slip and fall lawyer.

Contact a Slip and Fall Lawyer in Vancouver

At Warnett Hallen LLP, our motto is to help clients settle for more. A settlement can be a quicker resolution to your slip and fall accident claim, but our slip and fall lawyer won’t hesitate to file a slip and fall lawsuit if that’s what it takes to pursue the best possible outcome for you.

It costs nothing to learn your legal options or to take legal action. Call or contact us today for a free initial consultation.

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