Negotiation versus Litigation in a Slip and Fall Case

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Litigation can be more stressful than negotiation

Filing a slip and fall lawsuit requires that you and your lawyer make an informed decision on whether to proceed in that direction. It might be prudent to consider a negotiated settlement in a case that might, in some regards, be considered marginal when litigation can often be stressful, not to mention expensive and time-consuming.

Following a slip and fall accident, you may be in need of immediate cash, particularly if you are unable to work. You may have gotten seriously hurt, and have incurred substantial medical expenses, and require extensive future medical treatment. In this situation, time is of the essence and collecting money to take care of those needs is an obvious priority.

Negotiation avoids costs and negative media of litigation

In many cases, your slip and fall attorney may be able to use negotiation to settlement with the property owner or its insurance company. Cases often settle because property owners and their insurance companies seek to avoid the costs and negative media reports that can be associated with a jury trial. As part of the settlement process, your attorney may present evidence detailing the economic and non-economic damages you incurred as a result of the slip and fall accident. You may also be able to use negotiation to arrive at compensation for your “pain and suffering” in addition to the more easily-defined economic losses described above. If a settlement negotiation fails to result in an adequate settlement offer, you still have the option to pursue litigation.

It is worth considering whether the time and effort will be well spent when filing a lawsuit over a slip and fall injury. In a slip and fall lawsuit, successful litigation will require proof that the property owner had notice of the hazardous condition that caused your fall. In certain cases, this is easily done; but often, it is difficult. As property owners are allowed a reasonable amount of time to discover and remedy hazardous conditions, you will also have to prove the length of time the owner was aware of the condition was unreasonable.

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