A slip and fall injury, also known as trip and fall, is a case where an individual sustained injuries on the premises of another. As thus, entitled to monetary compensation. Unless perhaps, the defendant brings up strong defenses to prove the injury was as a result of the negligence of the plaintiff. Before you proceed, note that not all slip and fall cases go to court. It all lies in the magnitude of the injury and the circumstances behind the incident.
Before you start formulating your battle strategies, it is paramount you consider these factors that determine if a slip and fall case will go to court. If at the end and you discover that indeed, it is worth sitting in a courtroom, then go ahead.
- Strong Evidence
Evidence is the very core of the courtroom. Keep in mind that every case is different. If a camera recorded the incident, and the injuries were apparent, you might have a strong case at hand. But in a situation where there is no iota of evidence that such an incident occurred, you might have to reconsider your stance and back off.
- Public Perception
Most companies or organizations don’t want to appear on papers, especially regarding a lawsuit. Such publicity will very much dent the reputation of the corporation, even if they come out victorious. In that case, they will instead settle the issue outside the courtroom than be within the media’s radar.
- Undue Negligence
One of the apparent reasons slip and fall cases end up in the courtroom is when the defendant neglected the incident and act unconcerned. If so, the case will end in court where the plaintiff (Injured) will have to prove to the honorable court that the defendant acted negligently. Perhaps on breach of duty, causation, and damages.
- Mutual Agreement
You will agree that it takes two to tangle. If the other party is ready to come to a mutually beneficial agreement outside of the courtroom, then the case doesn’t need to end up in court. But if the defendant refused to comply, then going to court becomes assured.
We all want justice, and in a case where the defendant is adamant to comply with monetary compensation, then you need a trusted legal representation. This will ensure that you have the best chance in court to win your case. Call us today or send an email to speak to an attorney.
For more information or to receive help in your case, contact Franks & Rechenberg, P.C. today.