How to Settle a Slip and Fall Claim

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How to Settle a Slip and Fall Claim

January 26, 2021
By Lafferty Gallagher Scott

A majority of lawsuits filed in Ohio settle without going to trial. Despite what you see on television shows and movies, many cases never see the inside of a courtroom. Taking a case to trial can be risky and expensive. Preparing a slip and fall case for trial can be just as complicated as an auto accident trial. While most cases settle before trial, it takes skillful negotiation to get the other insurance company to agree to pay what you deserve. You can strengthen your negotiations by ensuring you have an Ohio slip and fall attorney representing you.

At Lafferty, Gallagher & Scott, LLC, we have decades of experience representing Ohio clients for all their personal injury needs, including in slip and fall claims. We understand how complex these claims are and the importance of having the right evidence to prove your case. If you are wondering what to do, here is a look at how to settle a slip and fall claim.

Proving Liability in a Slip and Fall

Before you can collect any compensation, you need to prove liability. This step can be tricky, which is why you need an attorney who understands slip and fall accidents and how best to build a strong case. Start by asking who the potentially negligent parties are and whether they acted negligently. Did they owe you a duty and then breach that duty, such as causing the fall or failing to prevent you from falling? The other question to ask is whether you, as the injured party, contributed to the accident in any way.

To hold another party accountable, you need to show a disregard for others’ safety and failure to act as a reasonable person would. For example, if you slip and fall on spilled liquid in a grocery store aisle, the store could be held accountable. However, it would depend on whether the spill just happened or whether it had been there for hours. If the spill occurred minutes before you fell, the store staff may not have had time to clean up the mess. However, if they were alerted to it and it sat there for eight hours, you have a much stronger case.

Hiring Experts

You can strengthen your case by having experts who can testify on your behalf. You may need a healthcare provider to establish a link between the slip and fall and your injuries. Your attorney will retain any related experts who can help support your case.

Calculating Damages

To settle your case, you need to calculate your damages to reach a demand amount. Your damages are your losses, such as medical bills, lost income, property damage, etc. Subjective damages include pain and suffering. Together they make up the amount you ask for in your demand. You need to decide on the lowest amount you will accept and negotiate within your accepted range.

Contact an Ohio Slip and Fall Attorney

If you suffered injuries in a slip and fall, do not attempt to handle it independently. Let an experienced Ohio slip and fall attorney help. Contact Lafferty, Gallagher & Scott, LLC, today to schedule an initial consultation.










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