An individual injured in a slip and fall case, known as a plaintiff, will attempt to recover damages for any injuries sustained in the accident. The plaintiff will often encounter significant resistance from the defendant individual or business. The personal injury attorneys at Emroch & Kilduff may help you to overcome the defendant’s objective—to minimize your recovery.
What Do I Need to Prove?
An injured plaintiff can recover damages if the defendant’s negligence caused any injuries. A defendant is negligent whenever the defendant’s actions deviate from the reasonable standard of care owed to others.
In a slip and fall case, the plaintiff must show one of the following elements:
- The defendant knew about the dangerous condition but did not correct it
- The defendant caused the dangerous condition
- The defendant should have reasonably known about the dangerous condition and fixed it
Liability is often the most disputed element of a slip and fall case—but a personal injury lawyer at Emroch & Kilduff may help you prove it.
What Is Litigation?
Recovering damages in a slip and fall case can prove stressful, complex, and time-consuming. Litigation permits both parties to access evidence through a process known as discovery. Each side will have an opportunity to review the evidence and strengthen their respective cases.
Settlement offers are often proposed at various times during the course of litigation. Evaluating the evidence leads both sides to develop both a legal strategy as well as a better understanding of the likelihood of victory at trial. To minimize costs and potential payouts, a defendant will often extend a settlement offer to the injured plaintiff. The plaintiff can evaluate the settlement offer and either accept or reject it. Accepting the terms of the settlement offer will terminate the litigation. A rejection will continue the legal proceedings. An experienced attorney at Emroch & Kilduff can help you understand whether a settlement offer will sufficiently cover your injuries.
Reaching a Settlement
Reaching a settlement often follows a standardized process:
- The injured plaintiff issues a demand letter to the defendant. Typically, this demand is on the high end of what the injured party hopes to receive. This demand letter accounts for the plaintiff’s medical expenses and other damages sought.
- The defendant will issue a counterclaim, often questioning liability, the amount of damages sought, and identifying flaws in the plaintiff’s position. Any counterclaim will come in at significantly less than the plaintiff’s original demand. A defendant wants to minimize any possible payout.
- The parties will negotiate back and forth until they reach a settlement.
- If the parties cannot reach an agreement, they will continue litigating and may even go to trial. In many cases, failing to reach a settlement adds further costs, time, and risk. At trial, either party may lose, and this result can prove costly—making settlement much more desirable.
Contact a Richmond Slip and Fall Attorney Today
Virginia law may entitle you to compensation if you are injured while slipping and falling on an individual’s or a business’s property. The personal injury attorneys at Emroch & Kilduff will carefully review the facts of your case, develop a strong legal strategy, and negotiate aggressively on your behalf so that you may receive the compensation you deserve. Call (804) 358-1568 or contact us online to schedule your consultation today.