9 Myths on Slip and Fall Accidents Debunked

Jun 23, 2019 | Initial Consultation, Slip and Fall Claims

Moussa Sabzehghabaei

Personal Injury Lawyer

Victims of slip and fall accidents may be forced to live in silence because of the many myths surrounding these types claims. Many believe that slip and fall lawsuits are extremely difficult to win so why bother filing?

Common Injuries in a Pedestrian Accident

Granted, slip and fall cases are complex and can be very difficult to prove and settle. This is owing to the fact that it may be difficult to prove legal liability. If the injuries are sustained at a private or public property, one must prove on a balance of probabilities that the property owner failed to adhere to reasonable standards to prevent the incident. It must be proven that another’s negligence at law led to the accident, which caused the victim to sustain injuries.

What’s pre-settlement funding and why do you need one?

Slip and fall accidents can result in serious injuries which are physical or mental in nature, which can prevent the fall victim from working. In certain circumstances, the victim’s lawyer can apply for pre-settlement funding. This is a personal injury loan that allows victims to cater for their living expenses as well as medical bills and income replacement, along with other unexpected costs, while litigation is pursued.

Let’s go over some common myths about slip and fall lawsuits.

  1. Slip and fall cases take a long time to settle so it is best to negotiate an out of court settlement

Personal injury claims take an average of 2 to 5 years to settle in Canada. The settlement period will depend on several factors such as the facts of the case, the number of parties involved, and the jurisdiction in which the lawsuit was filed. Many insurance companies will immediately assign claims adjuster when they are placed on notice of a claim. Insurance companies never want to involve the legal system whenever they see a case is genuine. Don’t be too quick to negotiate an out of court settlement with any insurer. The best action to take is to consult a personal injury lawyer immediately after the slip and fall incident. Experienced lawyers will obtain the necessary legal evidence to help build a strong case to give victims and their families a favourable outcome and the maximum compensation they deserve.

  1. I should not pursue a lawsuit since nobody will believe me.

When you contact a slip and fall lawyer, he or she will ask questions regarding the incident and determine the merits to your claim. An experienced personal injury lawyer will study a case to determine the legal issues and evidence required to prove your claim. Genuine slip and fall cases an often lead to very serious injuries or even fatalities. If have you have ever been involved in a slip and fall, it is imperative to consult a lawyer who will uncover all the aspects of the accident, even the ones that may not seem obvious, to help you navigate through the law.

  1. Personal injury lawyers are too expensive and you can settle without one

Most personal injury lawyers are paid on a ‘contingency basis’. This simply means that victims and their families will obtain legal advice and full representation without having to pay their lawyer a retainer.  Personal injury lawyers are one of the few professions who do not get paid unless they offer services and win your case. Filing a slip and fall case is easy but proving the legal tests to establish legal liability may not always be straightforward. Without proper legal representation, it can be difficult to get the settlement you deserve. An experienced lawyer knows how to bring out certain aspects of the case that prove liability and ensure you get compensation for your damages.

  1. There’s no time limit to file a personal injury claim

There is Limitations Act, which outlines strict time frames within which the complainant can put a party on notice and file a lawsuit. The limitations will depend on the province where the filing is done, the type of claim being made, as well as the accident that you were involved in. In most cases, the limitation period is 2 years from the date of the accident.

  1. In personal injury claims, property owners are always at fault

Property owners may contract out of legal liability by hiring sub-contractors. It is imperative that a lawyer investigate the circumstances leading up to an accident to ensure that all potential liable parties are identified.

  1. Victims who sustain minor injuries are not entitled to compensation

Just because one sustained minor injuries after a slip and fall case doesn’t mean that he/she is not entitled to compensation. Sometimes, minor injuries can develop into chronic problems that cause considerable set-back. It is imperative that you speak with a lawyer to protect your legal rights.

  1. The party at fault will have to pay for the settlement out of pocket

This is a common misconception that makes victims hesitate to file a lawsuit because they don’t want to be responsible for burdening an at-fault party. However, in most cases, the at-fault party does not pay the settlement out of their own pocket. Property owners usually have insurance that pays for a victim’s damages caused by their insured’s negligence.

  1. You don’t need a lawyer if you have your own private insurance

You may have insurance to cover any medical costs or expenses you incur after a slip and fall accident but this doesn’t pay for your claim for pain and suffering and future losses. May expenses are also not covered by one’s own private insurance. Hiring a lawyer can help you to get a settlement that caters to other damages, which your insurance may nott cover.

  1. Your insurance rate will skyrocket because of filing lawsuits

This is a big misconception that is making many people hesitate to file a personal injury lawsuit. The lawsuit you file has no direct correlation to your private insurance rate. Your insurer often has a clause that permits them to subrogate and recover their paid claims through your tort settlement. As such, your private insurer will also encourage that you pursue your claim to ensure the expenses are paid for by the at fault-party’s insurer.

Understanding these myths can help you to focus on filing a successful lawsuit and getting the justice you deserve whether for yourself or a loved one. From filing your claim to conducting investigations and gathering evidence and medical records, you can hire a professional to handle it all as you focus on recovery or being there for a loved one. Consult a reputable slip and fall accident lawyer to help you navigate the legal process.