Can You Sue for Slip and Fall?

Can You Sue for Slip and Fall?

Victims can often sue for slip and fall accidents. Many property owners have insurance that covers slip and fall accidents, so filing a claim may also be an option after your fall. Whatever strategy you and your lawyer decide on, you deserve fair compensation for medical expenses, pain and suffering, and all other harm resulting from the accident—and your slip and fall attorney will demand it.

You should understand the basics of lawsuits and insurance claims. This way, you can give your lawyer meaningful input about which strategy to pursue. That said, your lawyer and their team will handle every detail of your case, enabling you to focus on health, recovery, and other important matters.

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Who Is Liable for a Slip and Fall Accident?

Property owners or occupants are typically liable for slip and fall accidents on their premises. Some classes of property owner who you might sue after a fall on their property are:

• Business owners
• Municipalities or other public bodies that own public property
• Homeowners
• Renters
• Landlords

An attorney will determine ownership of the property on which you slipped, fell, and suffered an injury. The owner of that property may be liable for your damages, and your attorney may sue that owner in pursuit of your financial recovery.

Insurance Companies Are Often Financially Responsible for Slip and Fall Accidents

The majority of slip and fall accidents are covered by some type of insurance, which may include:

• Commercial general liability insurance
• Homeowners insurance
• Renters insurance
• Workers’ compensation insurance

An insurance company may have a duty to pay you after a fall. That does not mean they will. These organizations operate for profit, and paying victims of slip and fall accidents opposes the insurance companies’ profit motive.

Be prepared for liable insurance companies to fight you and your claim. Hire a personal injury attorney who will set the tone from the jump, demanding that insurance companies handle your claim fairly.

Types of Property Owner Negligence That Could Provide Grounds to Sue

There is a good reason why property owners and occupants are often financially responsible for slips and falls. Often, slips and falls happen because the property owner or occupant (such as a renter) has done something to cause the victim to slip, fall, and suffer injury.

Some examples of owner or occupant negligence that can create slip and fall hazards are:

• Failing to clean spills 
• Failure to identify and address sources of moisture on the ground, such as a running hose or pet urine
• Not installing non-slip flooring where necessary (including in entryways, where rain and other elements from the outdoors can be tracked in)
• Cleaning tile floors without warning guests the floor is slick
• Loose flooring material such as carpet and floorboards
• Debris on the ground
• Dilapidated stairs

Environmental conditions, like poor lighting, can also contribute to victims slipping and falling. Your premises liability attorney will also determine if a business owner failed to properly train employees, a municipality failed to repair public property, or the responsible property owner engaged in other negligence that led to you being harmed.

Is It Better to File an Insurance Claim or Sue?

This is a difficult question to answer without more details about your case. Whether it is a better decision to file an insurance claim or sue a property owner can depend on several factors, including:

• Insurance coverage options: One of the most important considerations in your case strategy is whether insurance coverage is available to you. If not, filing a lawsuit may be the only option for seeking compensation after a slip and fall.
• The details of insurance policies: In particular, coverage limits within insurance policies will be of concern. When these limits are lower than the cost of your slip and fall, you may be more likely to file a lawsuit. 
• The total cost (and duration) of your fall-related damages: When we talk about the importance of coverage limits, we must also discuss the cost of your fall-related damages. After all, your lawyer will compare the two when determining if insurance can cover your fall-related damages. 
• Insurance companies’ approach to your claim: Even when insurance policies provide enough coverage, it’s up to insurance companies whether to honor those policies. If one or more insurers handle your claim(s) in bad faith, your attorney may need to sue them in response. Bad-faith tactics are against the law, but they are common enough that your lawyer will be prepared for them.
• How egregious the at-fault party’s conduct is: There are cases in which the at-fault party’s negligence is particularly egregious. Depending on the details of your case, this might prove a reason to pursue legal action against the negligent party.

You might have difficulty identifying the best strategy for your case. This is where a lawyer will be immensely valuable. Your attorney will explain all relevant information and considerations and will help you choose the right course of action for your case—whether it’s suing or filing one or more insurance claims.

Slip and Fall Accident Lawyers Lead Their Clients’ Insurance Claims and Lawsuits

Lawyers are versatile. They can handle both insurance claims and lawsuits with equal effectiveness. Your slip and fall accident attorney will handle the whole stable of case-related responsibilities for you, which may require them to:

Set Boundaries with Insurance Companies (and Other Liable Parties)

A liable insurance company may be determined not to pay the compensation you are entitled to. If this is the case, your attorney will:

• Make clear that they expect the insurer to honor its policy
• Establish a professional but firm tone in all communications with insurance representatives
• Appropriately address any unfair denials, delays, lowball offers, or other bad-faith tactics insurance companies might use against you
• Advocate for you throughout the claims process

Insurance companies are not your personal representative, but a lawyer will be.

Document Economic and Non-Economic Damages from the Fall

Some ways that your lawyer may document the economic and non-economic cost of the slip and fall accident are:

• Your words: You know how the accident has affected you. You deserve to share your account. Specifically, your testimony about the physical, emotional, and psychological cost of the fall can be central to your case.
• Experts’ words: Experts can be powerful documentarians. Medical professionals, mental health service providers, employment experts, and economists can play a role in your slip and fall case. These experts may provide powerful insights and details about your economic and non-economic damages.
• Financial evidence: Many of your damages will be financial in nature. Medical bills, bank statements showing declining income, and various other financial records may help prove the cost of the at-fault party’s negligence.

If any other documentation is relevant to your case, expect your attorney to incorporate it in their presentation to liable parties.

Prove the Property Owner’s Negligence

Your attorney will document the at-fault party’s negligence however possible. In cases where a property owner is, in fact, liable, some relevant evidence of negligence may include:

• Video footage of the slip and fall
• Photographs of the dangerous property (and, specifically, features that contributed to your fall)
• Testimony from anyone who has witnessed negligence
• Expert testimony about how the at-fault party endangered you

Your account of how you slipped and fell may also be important to your case’s success.

Establish Your Case Value

Your attorney will determine the exact financial cost of damages from the fall. This is the amount of money they will seek from an insurance company or the party (or parties) they choose to sue.

Pursue a Fair Settlement, and Fight for It If Necessary

Even if you sue a property owner after the slip and fall, the numbers suggest your case will eventually settle. That being noted, you need to know:

• It’s not as important that you receive a settlement as that you receive a fair settlement
• Settling comes with a few benefits, including a more efficient resolution to your case than going to trial
• Liable parties such as insurers and property owners generally test if the claimant or plaintiff will accept less money than they are entitled to—it will be your lawyer’s duty to fight for the entire sum of money you deserve
• Just because the substantial majority of cases have settled does not mean yours will

Many slip and fall lawyers are skilled negotiators, in part because they have years of experience in the craft. If you could have anyone negotiating a settlement for you, a lawyer is an excellent choice.

Represent You in a Lawsuit, If You Choose to Sue After the Fall

Most cases settle. Some don’t. Some slip and fall cases lead to a lawsuit and trial, whether immediately or after the attorney exhausts the claims process.

If your case ultimately becomes a lawsuit, your attorney will:

• Ensure that you understand the ramifications of filing a lawsuit (and are comfortable with every aspect of the lawsuit)
• Draft and file a comprehensive lawsuit in the proper legal venue
• Ensure defendants named in the suit are notified of the legal action
• Continue to seek a fair settlement once they’ve filed the lawsuit, as filing the suit does not prevent further negotiations
• Complete all necessary pre-trial proceedings, including the critical discovery process
• Pursue fair compensation for your slip and fall at trial, if your case does not settle before 

With a lawyer handling your case, you can know you’re in a good position—regardless of whether you settle or take your case to trial.

As the Client, Your Primary Concern Must Be Your Health—Let Your Legal Team Worry About Your Case

If you want to heal as soon as possible, recovery has to be the priority. Your decision to hire a slip and fall accident lawyer will:

• Shield you from the stress that often comes along with slip and fall cases
• Reduce the risk that liable parties will violate your rights
• Enable you to spend more time in recovery mode
• Likely benefit your case in several ways

Never hesitate to ask for help after a fall. You deserve it.

Damages Fall Victims Often Deserve Compensation For

Slip and fall accidents can cause blows to the head, bone fractures, psychological trauma, and a host of other problems with long-lasting effects. You may have suffered several damages that entitle you to compensation, including:

Medical Costs

Injuries from a slip and fall can require several types of medical intervention, including:

• Ambulance transport from the scene of the fall to a medical facility
• Emergency services
• Medical imaging
• Surgery (which can be necessary for injuries such as bone fractures and brain bleeds)
• Hospitalization
• Medications

The unique details of your injuries and treatments will determine your medical costs. Your attorney will work closely with your medical providers to document those costs.

Rehabilitation Costs

If you need physical rehabilitation during your recovery process, your lawyer will include rehab-related expenses in your case. This may even include the cost of transportation to and from rehab appointments.

Pain and Suffering (and Any Treatment You Receive)

Pain and suffering are a couple of the most important considerations in slip and fall cases and can include:

• Emotional anguish
• Psychological distress
• Post-traumatic stress disorder (PTSD)
• Acute pain
• Chronic pain
• Lost quality of life

These kinds of damages don’t have an obvious financial value—that’s why lawyers refer to them as non-economic damages. And yet, your attorney will assign a fair value to them, as you deserve compensation for these burdens.

Lost Income 

Injuries often lead directly to lost income. You might also lose bonus and overtime opportunities, earning power, and other professional benefits because of fall-related injuries. These are certainly losses your attorney will seek fair compensation for.

Vocational Rehabilitation

If you need retraining, or to seek a new career, because of fall-related injuries or trauma, your lawyer will seek fair compensation for these challenges.

Now Is the Best Time to Hire a Slip and Fall Accident Lawyer—and Waiting to Do So Could Be Costly

You should not wait to find your slip and fall accident attorney. They will need to collect evidence, organize a case plan, and move forward with negotiations or a lawsuit right away.

Consultations with attorneys are free and come with no risk, so there’s no need to wait. 

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