Will My Slip and Fall Case Settle or Go to Trial?

March 6, 2025

Will my slip and fall case settle or go to trial?

Slip and fall accidents can result in serious injuries, medical bills, and lost wages. If you've been injured due to someone else’s negligence, you may be wondering whether your case will settle out of court or proceed to trial. While many personal injury cases are resolved through settlements, some require litigation to ensure fair compensation.


At Brown & Laing, P.A., we are committed to protecting the rights of those injured due to hazardous conditions. With over three decades of legal experience, we fight to secure the compensation our clients deserve—whether through a negotiated settlement or a court trial.


Do Most Slip and Fall Cases Settle?

Yes, the majority of slip and fall cases settle before reaching trial. Insurance companies and property owners often prefer settlements to avoid the costs, risks, and time associated with courtroom litigation. A fair settlement provides compensation for medical expenses, lost wages, pain and suffering, and other damages without the need for a lengthy court battle.


Factors That Influence a Settlement

Several factors determine whether a case will settle, including:



  • Strength of Evidence – Clear documentation, witness statements, and medical records can lead to a stronger settlement offer.
  • Liability Issues – If the property owner’s negligence is well-documented, they may be more willing to settle quickly.
  • Severity of Injuries – Serious injuries with long-term effects often result in higher settlement amounts.
  • Insurance Company’s Approach – Some insurers offer fair compensation, while others may try to minimize payouts.


While settlements are often the preferred outcome, they must be fair and sufficient to cover all damages. If an insurance company offers an inadequate amount, proceeding to trial may be the best option.


When Does a Slip and Fall Case Go to Trial?

If settlement negotiations do not result in a fair offer, filing a lawsuit and going to trial may be necessary. A slip and fall case may go to court if:


  • The insurance company denies liability and refuses to compensate for damages.
  • The settlement offer is too low to cover medical bills, lost wages, and other costs.
  • There is a dispute over fault, with the defense arguing that the victim was partially responsible.
  • The defendant refuses to negotiate, forcing the case into litigation.


At Brown & Laing, P.A., we are fully prepared to take a case to trial when necessary. Our legal team does not back down against insurance companies, corporations, or property owners who refuse to take responsibility for unsafe conditions.


How Brown & Laing, P.A. Can Help

Whether your slip and fall case settles or goes to trial, having strong legal representation is crucial. At Brown & Laing, P.A., we:


  • Thoroughly investigate slip and fall accidents to gather compelling evidence.
  • Negotiate aggressively with insurance companies to seek fair settlements.
  • Prepare every case for trial, ensuring we are ready to fight in court if necessary.
  • Advocate for maximum compensation, covering medical costs, lost income, pain and suffering, and more.


Schedule a Consultation Today

If you or a loved one has suffered injuries in a slip and fall accident, don't face the legal process alone. Whether your case settles or goes to trial, Brown & Laing, P.A. is here to help you seek the compensation you deserve.

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