A slip and fall accident can leave you injured, with a mountain of questions. You may wonder if your case should be settled out of court or pushed to a trial. It’s not an easy decision, because every case is different. Some injuries are minor. Some are serious. Some incidents happen in stores, while others happen on unsafe properties.
To help ensure the viability of your case, you need to know the law and the factors that can affect your type of case. Settling and going to trial come with pros and cons, depending on the unique facts of your situation.
You deserve a law firm that investigates and fights for the justice you deserve, but you also need to be realistic and wise. In this article, we’ll explore the likelihood of your case going to trial versus settling before reaching a judge and jury.
What You Need to Know About Slip and Fall Cases in Georgia
Slip and fall accidents happen when you get hurt by slipping, tripping, or falling on someone else’s property. In Georgia, these cases are not just about the accident, but also about the property owner’s duty. They have to keep their property safe from things like wet floors, uneven surfaces, or concealed hazards that can cause injuries.
To recover monetary damages for your injuries in Georgia, you have to prove that the property owner was negligent. This means that the Owner knew or should have known about the danger, but did nothing to fix it.
How Often Do Slip and Fall Cases Go to Trial?
You might think slip and fall cases are decided by a judge or a jury in a trial. But that’s not true. According to the latest data, more than 90% of slip and fall cases are settled out of court, instead of going to trial. This shows that both sides usually prefer to avoid the hassle and risk of a trial. They would rather agree on a fair amount of money and move on.
However, more often than not defendants in slip and fall cases file motions for summary judgment at the close of discovery. These motions, if granted, can dismiss your claims from Court and prevent them from being decided by a jury. Thus it’s critically important that you seek counsel from an experienced slip and fall attorney to determine the best course of action for your case.
Key Reasons for Pre-Trial Settlements
The preference to settle slip and fall cases out of court, or before going to trial, stems from several key factors:
- Cost and Time Efficiency: Pre-litigation settlements usually require less time and expense compared to cases in litigation.
- Lengthy and Expensive Court Proceedings: Litigation can extend over a long period of time—oftentimes years—and incur significant expenses for all parties.
- Insurance Company Tactics: Insurance firms often aim for quick, economical settlements to avoid trial uncertainties and costs.
- Early Settlement Offers: Insurance adjusters may present initial offers that may not fully compensate the injured party.
- Lowballing Strategy: This involves settling the case for as little as possible, taking advantage of the victim’s immediate financial needs.
What Makes Slip and Fall Cases Difficult in Georgia?
Slip and fall cases in Georgia are challenging. Proving property owner negligence in slip and fall cases hinges on showing their awareness of the hazard without taking corrective action. It’s a complex task that demands compelling evidence to support your claim. Another thing that makes these cases complicated is the comparative negligence rule in Georgia. This rule says that if you are partly to blame for causing your injuries, a verdict could reduce the amount of monetary damages owed to you.
So how can you get the best outcome for your case? It starts with a good lawyer.
Champions For Your Cause
If you’ve experienced a slip and fall accident in Georgia, the path to resolution might not lead to a courtroom. Often, settling out of court presents an efficient, cost-effective option. However, each case carries its own complexities.
At Flanagan Law, we understand the complexities of slip and fall accidents, and we will guide you on your journey to justice. We listen to understand your story, your needs, and your case. Then we fight for the justice you deserve. Contact us today for a free consultation and superior results.
