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Do Most Slip and Fall Cases Settle Out of Court?


The American Bar Association (ABA) notes that most personal injury cases (including slip and fall cases) settle out of court. Yet, you might file a lawsuit if the liable insurer refuses to settle or liability in general isn’t clear.

If you’re unsure about which legal option to pursue, Meldon Law offers free consultations. During our conversation, we can discuss your case, recoverable damages, and goals. We are also happy to answer any questions you may have about moving forward. Dial (352) 373-8000 to begin.

Meldon Law Resolves Most Premises Liability Cases Through Negotiations

Our team is well-versed in resolving slip and fall cases through insurance claims. Some previous outcomes that we’ve secured for premises liability claimants include:

  • $275,000. Our client drowned when her SCUBA instructor abandoned her at the mouth of a cave. We held the liable parties accountable for her family’s losses.
  • $150,000. Our client was jogging in her apartment complex when she suffered disfiguring injuries at the jaws of an aggressive dog. We found that the complex’s insurance covered our client’s losses, and we resolved the case without filing a lawsuit.

These are just two premises liability cases that we guided to fair resolutions. We’ve recovered millions of dollars in damages since we opened in 1971. If you or a loved one suffered serious injuries in a slip and fall, we’re prepared to advocate for what you deserve.

You Generally Have These Options When Seeking Damages

Following a slip and fall on another party’s property, you can pursue financial recovery through:

Settlement Negotiations

After a slip and fall, you may file a claim with the property owner’s homeowners or business insurance. Here, you could recover:

  • The full cost of your medical expenses
  • The wages you lost while you were recovering
  • Future earnings if your injuries prevent you from making a living long-term
  • Property damaged during the accident, such as clothing or electronic devices
  • The pain and suffering you felt during the accident and throughout your recovery
  • Disfigurement or disability resulting from your injury
  • A decline in your quality of life

Ideally, after filing your claim, the insurance company will agree to settle without any problems. If not, you may negotiate with the claims adjuster for a settlement that meets your needs. Of course, you don’t have to worry about this obligation when you have a slip and fall accident lawyer; they can file your claim and handle everything that process entails.

A Court Award

If the insurance company refuses to settle for whatever reason, you can file a lawsuit against the property owner. Here are some things to know about this process:

  • Settlements are usually a quicker way to recover compensation. Trials take longer, but litigation could be your only option for seeking damages.
  • Personal injury attorneys usually work on a contingency-fee basis, meaning that they only get paid when they help you recover a settlement or verdict.
  • Your lawyer may continue negotiating with the insurance company, even as your case unfolds in court. If the insurance decides to offer fair compensation, you can resolve your case and drop the lawsuit.

Choosing which legal option may bring you the benefits you deserve is a tough decision. Discussing your case with an attorney who has worked on slip-and-fall cases can offer clarity moving forward.

Statute of Limitations to File a Slip and Fall Lawsuit

Florida allows two years from the date of your accident to file a personal injury lawsuit. There are limited exceptions to the two-year rule. Your attorney will address any that may apply to your case.

If you do not file within two years, and you are not eligible for an exception, the judge will dismiss your case. This means that you can’t sue the at-fault party, even if they acted with egregious negligence.

Why Entrust Your Case to Meldon Law?

Our team has more than 50 years of experience advocating for slip and fall claimants. To advance your case, we:

Gather Supporting Evidence

Whether you’re hoping to resolve your case through a claim or lawsuit, we need supporting evidence. This information can include eyewitness testimony, security camera footage, and photos of the accident scene. With the information we find, we aim to prove that because another party’s negligence resulted in your injury, you deserve damages.

Determine Liability

Proving liability is key to successfully recovering full and fair compensation. Your attorney will identify the at-fault party (or parties) in your slip and fall case. Liability may rest with a:

  • Occupier/tenant
  • Business owner
  • Building owner
  • Homeowner
  • Service provider
  • Construction company
  • Subcontractor

Appeal a Denied Claim

The insurance company may deny your claim, hoping that you’ll drop the matter. When you request compensation, you don’t have to take “no” for an answer. Instead, our lawyers can learn the reason for the denied claim and appeal the decision. The insurance company may deny your claim or offer a low settlement because:

  • There isn’t sufficient evidence to support your case.
  • It believes your injuries aren’t severe enough to warrant compensation.
  • The liable policy doesn’t cover your losses.

An insurance company may engage in bad faith insurance practices to intentionally complicate the claims process. For instance, it may pass your case around from claims adjuster to claims adjuster, stalling your case’s progression. It may also lie about the terms of your coverage and what you’re allowed to recover.

A lawyer from Meldon Law can protect your rights throughout all dealings with the liable insurance company. While you recover from your condition, they can manage everything.

Call Meldon Law to Start Your Free Slip and Fall Case Evaluation

Call us at (352) 373-8000 to begin your free case evaluation. Our law firm has protected the rights of injured Floridians for more than half a century. We won’t back down from fighting for you and the compensation you deserve.

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