Learn the differences between filing a claim and a lawsuit for a slip and fall. You may need an attorney to maximize your injury compensation.
Most people injured in a slip and fall file an injury claim with the business or property owner’s insurance company.
If the insurance company won’t negotiate a reasonable settlement, you can turn to the courts and file a lawsuit against the at-fault property owner.
A slip and fall claim is a legal demand for compensation, usually filed with the property owner’s insurance company. You can negotiate a financial settlement directly with the insurance company.
A slip and fall lawsuit, also called a premises liability lawsuit, is a legal action filed in court against the negligent property or business owner. A judge or jury decides if you are entitled to compensation, and if so, how much.
Differences Between a Claim and a Lawsuit
A personal injury claim and a personal injury lawsuit are two ways to pursue compensation for your slip and fall accident. While the two share similar goals, there are many differences between them.
In both claims and lawsuits, you bear the burden of proving that the property owner knew (or should have known) of a dangerous condition and failed in their duty of care to protect you. You must also prove that your injuries were caused by the property owner’s negligence.
Personal Injury Claim
A personal injury claim is where an injured person files a claim for compensation with the at-fault party’s liability or homeowners’ insurance company. Once a claim is filed, it’s assigned to an insurance adjuster.
The adjuster takes the following actions:
- Investigates the claim and the underlying accident
- Reviews the evidence
- Determines who was at fault for the injury
- Negotiates a claim settlement with either you or your attorney
- Decides to settle a claim or deny it
You can choose to have a personal injury lawyer handle your insurance claim, even if you have no plans to file a lawsuit.
Personal Injury Lawsuit
You may be filing a lawsuit because the insurance company denied your claim or refused to make a reasonable settlement offer. However, your lawsuit will be filed against the at-fault business or property owner, not the insurance company.
As with a claim, the purpose of a lawsuit is to receive compensation for your fall damages, but you’re now pursuing payment through litigation.
You’re the plaintiff, the person bringing the civil suit because of your injury. The defendant is the at-fault business or property owner that caused your injury.
Filing a lawsuit involves specific rules, actions, and timelines that must be met. Different courts have different rules, so lawsuits are more complex than insurance claims.
Processes and Advantages of Injury Claims vs Lawsuits
Most slip and fall cases are resolved with an agreed settlement, even when a premises liability lawsuit is filed by the victim. According to the Department of Justice, only about three percent of personal injury cases are resolved at a court trial.
Most personal injury claims are settled with the insurance company within a few months of the initial demand for compensation. Depending on the complexity of your premises liability case, your lawsuit could take up to a year or more to get to trial.
Personal Injury Claims Process
Most injury claims are resolved directly with the insurance company. If you’ve fully recovered from relatively minor injuries, you can probably settle your slip and fall claim without a lawyer.
Serious slip and fall injury claims should be handled by a qualified personal injury attorney to ensure the best possible outcome for the victim.
There are five basic steps in the injury claim process:
- Notify the insurance company of the intent to seek compensation
- Gather evidence to prove fault and verify the resulting injuries
- Submit a demand letter detailing the amount sought for settlement
- Negotiate with the adjuster, usually a few rounds of offers and counter-offers
- Confirm the agreed settlement in writing
If you’re nearing the end of your state’s statute of limitations, you’ll need to file a lawsuit before the clock runs out. A statute of limitations is the timeframe you have to settle your injury claim or file a lawsuit. If the statute runs out, you forfeit your right to pursue compensation, no matter how badly you were injured.
Personal Injury Lawsuit Process
While the at-fault property or business owner is named in your lawsuit, the at-fault party’s insurance company is not out of the picture once a lawsuit is filed.
Just like with auto insurance, the property owner’s insurance company has a “duty to defend” their insured. The company will typically hire and pay for defense attorneys to represent the property owner in court.
Settlement negotiations will continue after the lawsuit is filed. Sometimes filing a lawsuit is enough to motivate the insurance company to offer more to settle your claim. The offer will come through the defense attorney. The insurance company would rather not fight it out in a public courtroom, especially against a credible injury victim.
Stages of a personal injury lawsuit usually include:
- Initial filings: The plaintiff files a Complaint that sets forth the basis for the suit. The defendant files a response. Then the plaintiff might file a reply to the defendant’s response.
- Discovery process: Both parties use the discovery process to learn everything they can about the case by collecting evidence and testimony.
- Filing of motions: Parties can file motions to ask the judge to make decisions, for example, to exclude certain evidence.
- Trial phase: The trial phase can last a few days or up to a few weeks.
A party that loses at trial can file an appeal, which is a request that a higher court review the trial’s proceedings for any errors.
A civil trial is a formal court proceeding where a plaintiff and defendant present their case to a judge or jury. At the conclusion of the trial, a jury will announce whether the defendant caused a plaintiff’s injury, and if so, how much the property owner has to pay in compensation.
If a judge decides your case, they may announce their findings at the end of the trial, or they may “take it under advisement” and file an order with their decision at a later date. The judge’s final order will be sent to both parties.
Lawsuits are More Expensive Than Claims
A lawsuit can easily cost tens of thousands of dollars, if not more. You and your attorney must determine if the potential payoff from a lawsuit will cover the cost of your injury damages and legal expenses.
Legal costs might include:
- Court fees
- Hiring court reporters for depositions
- Copy fees for medical and employment records
- Expert witness fees
If your injuries aren’t disabling, your case likely won’t need medical experts or accountants. However, other expenses can certainly add up before a settlement or trial.
If experts and accountants are required, and a case goes to trial, total legal costs can range from $18,000 to $109,000 per side.
Lawsuit Options After Claim Negotiations Fail
With or without an attorney, sometimes settlement negotiations fail. Filing a lawsuit might be the next best step to getting fair compensation.
Small or large, if your injury claim was denied or you received a low settlement offer, you’re not without options. Talk to an attorney about filing a slip and fall injury lawsuit to get the compensation you deserve.
Filing Your Case in Small Claims Court
Accident victims are not limited to filing a lawsuit in a higher court, such as a district court or superior court. You can also file a lawsuit in small claims court.
A small claims court can only award limited amounts of money. For example, most states have small claims courts that will only hear cases seeking no more than $5,000 to $10,000.
If your slip and fall accident caused severe injuries, then small claims court is not your best option. Your medical bills and other damages would exceed the court’s monetary limit.
But, if you quickly recovered from minor injuries, there are certain advantages to small claims court. The procedures in small claims court are simpler than in higher courts, and your case will be resolved faster.
Let’s say you slipped and fell on snow and ice left by a homeowner who should have cleared the sidewalk. You ended up with a shoulder sprain and a broken smartwatch.
All you want is $1,500 to pay for your Urgent Care visit and a new watch. The homeowner tells you they don’t have insurance and to take a hike. Here is where a small claims lawsuit is a good option to make the negligent homeowner pay for your medical expenses and property damage.
States design the rules for small claim courts to make it easier for individuals to settle minor claims without using an attorney. Small claims procedures are simplified, and self-representation will save you money.
However, if you sue a property or business owner who has liability insurance, the insurance company will provide an attorney to defend them in court – any court.
An important consideration with a small claims court is that if you lose your case, you can’t sue again in a different court. Also, keep in mind that small claims are usually decided by a judge. In most jurisdictions, there are no juries. While this may help some injury victims, it could hurt others. A judge will not be swayed by sympathy.
How Attorneys Handle Slip and Fall Lawsuits
If you have slip and fall injuries that are severe enough to warrant a lawsuit against a business owner, you’ll need an experienced personal injury attorney to handle your lawsuit and any ongoing insurance negotiations.
When searching for a slip and fall lawyer, do your research and compare attorneys. Most injury law firms offer a free consultation. You can meet with more than one attorney for a case evaluation to help find the attorney who is a good fit for you.
Most injury attorneys will represent slip and fall victims under a contingency fee arrangement, meaning if they can’t settle your case or win in court, they don’t get paid.
More than one party may be liable for the hazardous condition that caused your injuries. For example, if you slipped on a wet floor with no warning signs in the grocery store, the grocer can be liable. If the wet area was caused by a leaking freezer, the freezer manufacturer may also be liable. Your attorney will seek compensation from both parties.
A slip and fall attorney can help you get a favorable settlement while avoiding the risks of a trial. Most injury lawyers will know the strengths of their client’s cases. They can highlight these to help convince the opposing party that it’s in their best interest to settle your case.
Experienced attorneys are familiar with the amount of compensation that juries in your area typically award to injury victims like you. This familiarity works in your favor during settlement negotiations.
Finally, your attorney can negotiate with medical lien holders like Medicare, Medicaid, the VA, and private health insurers to reduce the amount you owe, so you end up with more in your pocket.