Most slip and fall cases do not begin with a decision to go to trial. The best slip and fall attorney first investigates the accident, gathers evidence, reviews the injuries, and evaluates any settlement offers before recommending the next step.
A reasonable settlement can provide compensation without the delay and uncertainty of trial. However, going to court may become necessary when a property owner denies responsibility or an insurance company refuses to make an offer that reflects the evidence. The right decision depends on the strength of the case, the injuries, the available evidence, and the risks of continued litigation.
The Attorney First Determines How Strong the Liability Evidence Is
Before comparing settlement with trial, the attorney must evaluate whether the evidence can prove that the property owner was negligent.
Important evidence may include:
• Photographs of the dangerous condition
• Surveillance footage
• Incident reports
• Witness statements
• Inspection records
• Cleaning logs
• Maintenance documents
• Prior complaints
A strong case may show that the property owner created the hazard, knew about it, or should have discovered it through reasonable inspection.
A weaker case may involve limited evidence about what caused the fall or how long the dangerous condition existed.
The strength of the liability evidence can have a major effect on whether accepting a settlement or continuing toward trial makes sense.
The Severity of the Injuries Affects the Decision
The value of a slip and fall claim often depends heavily on the injuries.
A relatively minor injury that has fully healed may be easier to evaluate than a case involving:
• Surgery
• Broken bones
• Traumatic brain injury
• Spinal damage
• Permanent physical limitations
• Future medical treatment
• Reduced earning capacity
Before resolving a serious case, the attorney may need enough medical information to understand whether additional treatment will be required.
Settling too early can create problems when the full effect of the injury is still unknown.
Attorneys Compare the Offer With the Evidence
A settlement offer should not be judged by the dollar amount alone.
The attorney may compare the offer with:
• Past medical expenses
• Expected future treatment
• Lost income
• Reduced earning ability
• Pain and suffering
• Permanent impairment
• Available insurance coverage
The lawyer should also consider the strength of the evidence and the possible defenses.
A settlement may be reasonable when it reflects the risks and damages in the case. A larger sounding offer may still be inadequate when the injuries are severe and future losses are significant.
A Settlement Can Provide More Certainty
One advantage of settlement is certainty.
Once the parties agree to acceptable terms, the client knows how the claim will be resolved. Trial results are less predictable because a judge or jury will decide disputed issues.
A strong case can still face risks at trial.
Witnesses may testify differently than expected. A jury may disagree about who was responsible. The defense may successfully challenge part of the medical evidence.
An attorney should discuss those risks honestly instead of treating trial as a guaranteed path to a larger recovery.
Going to Trial Can Become Necessary
Settlement is not always the best option.
The attorney may recommend continuing toward trial when the insurance company:
• Denies that the property owner was negligent
• Blames the injured person
• Disputes serious medical treatment
• Refuses to consider future care
• Minimizes permanent injuries
• Makes offers that do not reflect the evidence
Some cases require litigation before the defense takes the claim seriously.
California courts encourage parties to consider resolution during civil litigation, and mandatory settlement conferences may require parties and people with settlement authority to participate before trial.
Trial Preparation Can Strengthen Settlement Negotiations
Preparing for trial does not always mean the case will actually be tried.
As the case moves through litigation, both sides may obtain more information through:
• Written discovery
• Depositions
• Medical records
• Expert opinions
• Inspection documents
• Witness testimony
The evidence may become stronger or weaker as the case develops.
Serious trial preparation can also help both sides better evaluate the strengths and weaknesses of the case. The California Courts guidance similarly notes that preparing for trial can help parties evaluate settlement and avoid surprises.
Some cases settle shortly before trial because the risks become clearer once the evidence is fully developed.
The Attorney Considers the Cost and Time of Continued Litigation
A trial can require significant preparation.
Depending on the case, litigation may involve:
• Court filings
• Depositions
• Medical experts
• Property safety experts
• Motions
• Trial exhibits
• Witness preparation
The attorney should consider whether the potential benefit of continuing the case justifies the additional time, expense, and risk.
This does not mean that an injured person should accept an unfair offer simply because litigation takes time. It means the decision should be made with a realistic understanding of the possible outcomes.
The Defense Strategy Matters
The property owner’s position can also affect the decision.
Some defendants are willing to negotiate once strong evidence is presented. Others may continue denying responsibility even when the claim is well documented.
The defense may argue that:
• The hazard was open and obvious
• The property owner had no notice
• The injured person was distracted
• The shoes caused the fall
• The injuries existed before the accident
• The medical treatment was excessive
The attorney must consider whether the available evidence can answer these arguments effectively in court.
The Client Makes the Final Decision
A personal injury attorney can investigate the claim, explain the risks, evaluate offers, and recommend whether a settlement should be accepted.
However, the client makes the final decision whether to settle.
California’s Rules of Professional Conduct require a lawyer to follow the client’s decision on settlement.
Before making that decision, the client should understand:
• The amount of the offer
• The strengths of the case
• The weaknesses of the case
• The risks of trial
• The possible benefits of continuing
• The time and expense involved
A good attorney should give clear advice without pressuring the client into a decision.
The Best Slip and Fall Attorney Prepares for Both Settlement and Trial
The best slip and fall attorney should build the case carefully enough to pursue a strong settlement while remaining prepared to go to court when necessary. A case that is thoroughly investigated and prepared for trial is often in a stronger position during negotiations.
Bojat Law Group represents people injured in slip and fall accidents and other premises liability cases throughout Southern and Central California. The firm handles cases involving dangerous floors, broken stairs, unsafe walkways, inadequate lighting, and other hazardous property conditions.
Bojat Law Group has recovered more than $100 million for clients and offers free consultations 24 hours a day, 7 days a week.
Call Bojat Law Group at (818) 877-4878 to discuss your slip and fall case. There is No Win No Fee, which means you pay no attorney fee unless compensation is recovered.
