Most fall injury cases are resolved without going to court. However, some circumstances require taking a lawsuit to a jury trial and requesting the jurors decide the case. Your case strategy may depend significantly on what happens during settlement negotiations.
Working with a Dallas slip and fall accident lawyer helps to ensure your best interests remain protected and you have someone knowledgeable and skilled fighting for fair compensation. Your attorney will manage your case from start to finish, whether that includes negotiating a fair settlement or litigating the case.
Most personal injury law firms provide free case consultations so that you can learn more about your legal options today at no cost.
Understanding the Process Necessary to Resolve a Slip and Fall Case
After investigating the fall incident, identifying the liable party or parties, and developing a strong argument that shows why you deserve fair compensation based on the evidence, it is time to take the next step in your case. This is where you attempt to get the property owner or occupier’s insurance carrier to pay for your damages.
There are several ways this step could go. They include:
Demanding Fair Compensation and Negotiating With the Insurance Carrier
With solid evidence to show liability and demonstrate damages, your lawyer will likely demand compensation from the property owner’s liability insurance provider. This often leads to a counteroffer, which kicks off settlement negotiations. After several rounds of back-and-forth offers, an agreement may be possible.
Filing a Lawsuit and Preparing the Case for Trial
Sometimes, it is necessary to file a premises liability lawsuit against the property owner, occupier, or another liable party. This begins the process of preparing a case for a jury trial.
Regardless of the approach, cases often settle out of court. Even when there is a lawsuit and your personal injury lawyer is preparing to take the case to trial, a settlement is more likely. Some courts even require mediation—when a trained third party aids in settlement negotiations—before they will put the case on their dockets.
When necessary, though, your lawyer will continue to prepare the case and take it to a jury trial. The civil court system gives all victims the right to a trial as long as they have a valid case. Some reasons why a trial might be necessary include:
- Failure to reach a settlement
- Disagreements over coverage, liability, or damages
- Disputed case facts
- The liable party is unwilling to admit fault
- Complex legal issues
- The outcome could potentially set a legal precedent
Ultimately, your attorney will advise you of the best course of action for your case.
Damages Recoverable When You Settle a Texas Slip and Fall Case
You can recover the same types of damages through a settlement or verdict. Your attorney will identify and value your current and future expenses and losses, using this value to determine a fair settlement range. This guides their settlement negotiations.
Some of the most common recoverable damages include:
- Pain and suffering and other non-economic losses
- Current and future medical care for your injuries
- Lost income if you miss time at work
- Diminished earning capacity if you cannot return to your job
- Personal property damage, such as broken glasses or smartphones
- Related expenses
It is also possible to settle wrongful death outside of court. If your loved one died from their fall injuries, Texas Civil Practice and Remedies Code § 71.002(b) outlines how to proceed with your case. A wrongful death lawyer will manage this process for you and fight for justice for your loved one.
Building a Compelling Case Makes Resolving Your Slip and Fall Claim Easier
A solid case can often make it easier to convince the property owner, occupier, or another liable party to settle the claim instead of facing a civil trial. Settlement negotiations allow liable parties and their insurers to control the payout. When a case is taken to court, the jury’s decision is out of everyone else’s hands.
Spending money to go to trial for a case they are unlikely to win does not make sense. Compelling evidence is the key to negotiating a settlement and resolving a slip and fall case without going to court. Still, getting the money you deserve is important. You should not settle for less.
This is especially true for those facing long recoveries or permanent impairments from a brain injury, paralysis injury, or another catastrophic injury. It is crucial to recover compensation for current and future care costs and losses, ensuring you are not left without money to cover your ongoing needs.
A Slip and Fall Attorney Can Determine If Going to Court Is Necessary in Your Case
When you trust a slip and fall lawyer with your injury case, they will guide you through the claims process. This includes developing a legal strategy that could include seeking a settlement based on your damages or taking the case to court.
In general, you likely have up to two years to sue the at-fault property owner for injuries or wrongful death under Texas Civil Practice and Remedies Code § 16.003. However, if you want to develop a solid case to support a settlement, getting started as soon as possible is better. A lot of evidence is time-sensitive. This includes video of the incident, eyewitness accounts, and documentation of the hazard.
Discuss Your Slip and Fall Injuries With Our Team for Free Today
At Loncar Lyon Jenkins, we provide free initial consultations for those hurt in slip and fall incidents in Dallas or other parts of Texas. Our personal injury attorneys are here to help you. When you need legal representation, call in the Strong Arm.
Contact us now to learn more.
