At the very outset liability in personal injury claims for a sidewalk slip and fall are difficult to prove. In order to succeed, claimants will have to prove thatpremise where the accident had occurred was not maintained properly by the owner resulting in the unfortunate incident.
Moreover, to get a claim you will have to show medical documents and bills to establish the serious nature of the injuries. In addition, if the accident happened in a public building maintained by the government then personal injury claims become even more complicated.
Settlement outside of the Courts
The good news is in many cases lawsuits are often not filed, as out of court settlements become possible. This happens when all parties agree that the mishap has happened due to the negligence of the owner of the premise. The insurers of the claimants, lawyers of both parties and claimants work on an amicable resolution without filing a lawsuit.
There are certain scenarios when lawsuits become unnecessary. For instance, if the injury of the claimant is minor, getting involved in lengthy legal procedures are just not worth it. Additionally, if the claimant does not have any conditions or pre-existing injuries which seemed to have been aggravated due to the accident, settlements become possible. Out of court resolutions also take place when the owner is clearly negligent and is beyond a doubt responsible for the accident due to improper sidewalk maintenance. Parties are also willing to sit together and resolve issues if the owner has impressive insurance coverage.
What happens after a lawsuit is filed by the claimant?
When a claimant has decided in favor of a lawsuit, he/she must prepare for a series of discussions, interrogations and depositions needed to throw some light on the incident. In addition, medical reports and documents are analyzed to evaluate the degree of trauma the claimant suffered or continues to suffer.
The legal team for the defendant will make an attempt to determine if the plaintiff ran over the slippery surface or was walking while chatting or texting. In such a case, the plaintiff is as much responsible for the accident as the defendant.
This process of discovery lasts from 6 months to a year during which a settlement is always possible.
What is Mediation?
Mediation gives the plaintiff a shot at a resolution before a full blown legal conflict, which happens after the discovery phase is over. The courts usually ask a third party to be present at the mediation whose task is to make the parties involved believe in the most likely outcome of the case if it goes to trial. For example, the mediator will ask the plaintiff to settle the matter if the plaintiff can be attributed with some responsibility for the unenviable incident.
In other cases where a sign had clearly shown that the track is dangerous and yet the plaintiff had taken the risk, the mediator asks the plaintiff to consider resolving the issues. In many cases, the defendant is asked to push for a resolution when the sidewalk is clearly damaged due to negligence.
A Law Firm that Stands Heads and Shoulders above the Rest
If you are hurt and want the negligent parties to pay for your trauma contact the best personal injury lawyers at Rosenberg, Minc, Falkoff, & Wolff of RMFW Law. We offer a free initial consultation to evaluate your case and to help determine the compensation you deserve. All you have to do is call us now at 212 697 9280.
RMFW delivers legal knockout blows all of the time. If you have a viable case, let us hear it!