Are Slip and Fall Cases Hard to Win in Phoenix, AZ?
Slip and Fall Attorneys who can help you to win a case. Specially if you are living in Phoenix, AZ you should hire a slip and fall attorneys to win the case.
90% of slip and fall cases, like all personal injury cases, settle out of court. When a slip and fall case does go to trial, Federal government data says that the plaintiff will prevail about 52% of the time.
Here in Arizona, that number may be a little lower. Juries in Arizona are suspicious of personal injury cases in general and of premises liability cases in particular. That’s why you shouldn’t be surprised if your attorneys urge you to take a good settlement, so long as that settlement is fair.
Settlements are sure things, and a more likely “win.” You are not necessarily going to walk away with less just because you settle.
What impacts your chances of winning an Arizona slip and fall case?
The first fact that will impact your chances of winning an Arizona slip and fall case is where you were, and what you were doing there.
If you were a guest of an establishment then you have a much stronger case than you’d have if you happened to be trespassing on the property at the time. At the very least, trespass would mean you share some liability, and you could lose a lot of money—or your case—under Arizona’s comparative negligence statute.
The second fact that will impact your chances of winning is whether the condition that caused your fall was open and obvious. Were there any warning signs posted? If there were, was there any alternate route to get where you needed to go?
Finally, the property owner needed to have enough time to know about the hazard and to respond to it. For example, you’re unlikely to win a case if you slip on a puddle that’s been on the floor of a store for 5 minutes. The store employees need time to find the problem and to clean it up.
How much should I settle for in a slip and fall?
The average amount is somewhere between $30,000 and $50,000, but everything depends on the facts of your case. Some questions to ask would be:
- How much were your medical bills after maximum medical improvement?
- Did the injury cause lifelong damage or a chronic condition?
- Has the injury left you unable to work?
- Did the owner of the property indulge in gross negligence of a kind that would open them up to punitive damages?
- How long were you out of work as a result of the injury?
- Will you be able to work again in the future?
Your attorney should be able to advise you as to what is and is not a reasonable settlement offer.
Giving Your Slip and Fall Case Its Best Chance of Success
One of the best ways to win an Arizona slip and fall case is to involve an attorney from the very beginning, even before you talk to the property owner’s insurance company. In fact, we can deal with the insurance companies for you. This is a good thing, as it can keep you from making mistakes which would prevent you from recovering funds.
Want an initial consultation? Contact our offices today.