Do most slip and fall cases settle out of court in Arizona?

You probably want a simple answer: The vast majority of slip-and-fall cases in Arizona are settled outside of a courtroom, rather than going to trial.

Settlements generally provide more efficiency, are less costly, and allow you to control the outcome of your case rather than taking the risk of a jury’s decision.

If you suffered a slip and fall, you need an attorney at your side to get the best possible outcome. If you are in Arizona, give Queen Creek Law Firm a call for a free case consultation. Contact us today!

Arizona Slip-And-Fall Case Settlements: How Do They Work?

The overwhelming majority of Arizona slip-and-fall claims ultimately settle out-of-court. Generally speaking, settlements are resolved faster, for less cost, and provide you more control regarding the outcome of your case compared to a jury trial.

How Many Slip-And-Fall Cases Are Resolved Through Negotiation?

Overwhelmingly, Arizona slip-and-fall claims are resolved through settlement prior to a trial. In fact, most law firms and research show that a significant percentage (often over 50 percent) of slip-and-fall claims are resolved through negotiation. As a result, very few of these types of cases ultimately proceed to a full jury trial.

It is common practice for insurance companies to attempt to reach a settlement as soon as possible, particularly when liability appears clear or there is video evidence supporting your case. If the facts surrounding your case are disputed or your injuries are severe, the case may begin moving in the direction of litigation, however trials remain rare.

Why Most Slip-And-Fall Cases Resolve Outside of Court

Insurance companies and property owners would rather settle to minimize the potential financial burden associated with the possibility of a trial. When insurance companies and/or property owners settle a claim, they eliminate the potential for trial-related expenses such as hiring expert witnesses, taking depositions, paying court fees and the risk of a jury awarding them a significantly higher amount than anticipated.

On your part, a settlement can provide you with quicker access to funds for your medical bills and lost income. The strength of your evidence (i.e., photographs, videos, witness statements, etc.) greatly influences your leverage during the negotiation process. Conversely, the weaker the evidence, the smaller the settlement offers you will receive, and the longer your case may drag on.

Settlement Timeframes In Arizona

Settlements in Arizona slip-and-fall cases typically take approximately 9 – 12 months, although this timeframe varies. Smaller claims with clear liability and minimal injury are usually closed in under one year, while larger claims with serious injuries, disputes regarding liability, and/or claims involving governmental entities may be extended beyond one year.

There are several key components to the settlement process which include: medical treatment, the formal demand to the insurer, the insurer’s investigation into the claim, and the negotiation process. If negotiations fail, you may need to file a lawsuit. Arizona provides you with a two-year statute of limitations to bring a lawsuit related to your slip-and-fall case.

Why Arizona Slip-And-Fall Claims Typically Settle Out of Court

Generally, you would prefer a faster, more predictable way to obtain a monetary recovery and maintain your privacy after a slip-and-fall. Settlements provide you with a clear and predictable timetable for obtaining your recovery, along with more affordable total costs than a trial.

Timeframe Costs Related to Trials vs. Settlements

Trials are expensive for both sides. You or the property owner will incur fees for expert witnesses, court documents, depositions, and attorney time. In some instances, these costs may exceed $10,000 before the first day in court.

Settlements reduce these costs. You will know the amount you will receive, and you can avoid months or years of delay. Additionally, insurance companies favor settlements due to their ability to control payouts and avoid the unknown risk of a jury award. A settlement can also enable you to pay your medical bills and begin the recovery process sooner.

Maintaining Privacy and Confidentiality

Court records are public. If your case proceeds to trial, the details regarding your injuries, medical history, and the property owner’s practices may become a part of the public record. This can be embarrassing and may negatively impact future employment opportunities or personal relationships.

A settlement allows you to request a confidentiality agreement. This agreement can protect the amount you received and the details of the case. If maintaining your privacy is important to you, a settlement will provide you with more control regarding what information is disclosed to others concerning the incident.

Reduced Risk Regarding Outcome Predictability

Trials involve a great deal of unpredictability. A jury can award significantly more — or significantly less — than you anticipated. Although you may win a substantial amount of money, you may also win nothing if the jury determines the property owner was not negligent.

Settlements reduce the risk of an unpredictable outcome. In a settlement, you negotiate an agreed-upon amount that takes into account your medical bills, lost wages, and pain and suffering. Both parties consider the probable outcome of a trial and select a mutually agreeable amount to eliminate the uncertainty. By doing so, you will be able to better plan for your medical expenses and recovery needs.

When Will Slip-And-Fall Cases Proceed to Trial?

Trials occur when parties cannot come to an agreement on the cause of the fall and/or the extent of your injuries. You can anticipate a formal process that involves testimony, evidence, and a judge or jury determining the outcome of your case.

Common Causes of Disagreement Regarding Liability and Damages

You and the property owner will frequently dispute the cause of the fall. The property owner may state that you were careless, that warning signs were provided, or that the hazard was open and obvious. You will need to demonstrate that the property owner had knowledge or should have had knowledge of the danger and failed to correct it.

Additionally, the parties may disagree on the degree of injury sustained as a result of the fall. The insurance company may argue that your medical records do not justify high damage awards. Expect arguments regarding your previous medical history, future medical needs, lost wages, and length of time required to recover from the fall.

Both liability and damages are factors. If the fault is shared among multiple parties, the apportionment of fault becomes a more complicated issue. These types of disputes typically push cases toward trial when negotiations break down.

Risks Associated with Proceeding to Trial

Trials are typically more costly than settlements. You will generally pay more in attorney fees, expert witness costs, and time away from work. Trials also take longer — sometimes months to more than a year — before you receive your monetary recovery.

Possible outcomes carry risk. A jury may award you less than the settlement offer made by the insurance company, or nothing at all if they determine that you were partially responsible for the fall. Even if you win, the defendant has the right to appeal, which delays payment and increases the cost of the case.

You may also have to testify publicly regarding your medical history and financial situation. You also lose control over the outcome of the case; a judge or jury decides the outcome of your case, not you.

Examples of Possible Jury Verdicts

You may prevail in a full or partial recovery if the evidence clearly demonstrates that the owner was negligent. For example, if you can produce a documented inspection log showing the hazard was apparent for days prior to your fall, you may be awarded a substantial judgment for your medical expenses and pain and suffering.

Juries may also reduce your award based on the percentage of fault attributed to you. If the jury attributes 30 percent of the responsibility for your injuries to you, your damages will be reduced by that percentage under Arizona’s comparative fault law. Insurance companies may also successfully challenge your credibility and reduce the jury’s verdict.

Occasionally, juries will return a defense verdict if the evidence presented does not establish sufficient evidence of negligence or causation. That means you will leave the courthouse with no award and still be responsible for the costs incurred to defend yourself unless the court grants a different order.

Stages Involved in the Settlement Process

Once you file a claim and the property owner/insurer receives notice of the claim, you will begin negotiating with the insurer until you reach a mutually acceptable settlement. Each stage impacts the speed and the ultimate amount of your recovery.

Filing A Claim

You initiate the process of filing a claim by notifying the property owner or manager of the injury, and also by providing notice to your medical providers. Collect photographs, witness statements, and incident reports. The items collected during this phase will be used later to prove the property owner’s responsibility for the hazardous condition.

Next, your attorney, Tyler M. Allen at Queen Creek Law Firm, will submit a formal demand letter to the property owner’s insurer. The demand letter will contain medical bills, wage loss records, and a detailed explanation of how the fall occurred. In Arizona, be mindful of the two-year statute of limitations. Notifying the insurer earlier in the process preserves the evidence and maintains your ability to continue litigating.

Negotiations with Insurance Companies

After the insurer receives your formal demand, an adjuster reviews your file. The adjuster may ask for additional records and/or schedule a recorded statement. Expect the insurer to make counter-offers and inquiries regarding your injuries and pre-existing medical conditions.

Your attorney negotiates with the insurer to ensure you receive fair compensation for your medical expenses, lost wages, and pain and suffering. Your attorney will reference liability evidence, including surveillance video and maintenance records. If negotiations cease, your attorney may begin preparing to file a lawsuit in an effort to strengthen your bargaining position.

Entering Into A Settlement Agreement

Once you and the insurer agree on a specific dollar amount, you will execute a settlement release document that eliminates the claim. The settlement release outlines the payment schedule, the claims waived, and any confidentiality provisions. Review the document carefully. Once executed, you will generally be prohibited from pursuing the same claim again.

Once you sign the settlement agreement, payment typically follows within a couple of weeks, although complex claims may require more time. Your attorney will review the check for fees, deductions for costs, and distribute the remaining balance. Before executing a settlement agreement, be certain you comprehend whether future medical expenses are included or excluded.

Role Of Evidence In Settlements

Evidence shows who was at fault for your fall, how severely injured you are, and how much money you could receive for damages. The quality of evidence you present, therefore, will influence whether the insurance company is willing to offer a fair settlement, as well as whether you will need to go to trial.

The Importance of Documentation

Document everything about your fall as soon as it occurs, including:

• the date, time, and location of the event
• a description of the conditions under which the fall occurred (e.g., wet floor, poor lighting)
• the name of anyone working for the establishment at the time of the fall whom you spoke with
• a detailed description of the immediate effects of the fall (pain, numbness, dizziness etc.) and any subsequent development of the injury.

Additionally, save any and all medical records associated with the injury including:

• emergency room reports
• hospital and/or surgical records
• bills for medical treatment and supplies
• prescriptions
• receipts for transportation to doctor appointments, physical therapy sessions, or other treatments resulting from the fall.

These records will be necessary to demonstrate to the insurance company or court, the extent of the injury and the medical treatment received. If there are additional treatments scheduled, retain those records as well.

When sending records to your attorney or the insurance adjuster, send copies of the original documents, do not send the originals. Also, organize your records chronologically (in the order they occur) so that reviewing them is easy and efficient.

A well-organized file will allow the insurance adjuster or judge to easily see the relationship between the fall and your expenses.

Witness Statements

If there were any witnesses to the fall, identify them and obtain their contact information before they leave. Ask them to write a description of what they saw, specifically:

• Where did you fall?
• What caused your fall?
• Did you see any employees respond?

A brief written statement from a witness is far more effective than a recollection of the event that develops weeks later.
When possible, obtain each witness to sign and date their statement. If a witness refuses to sign their statement, record their name, telephone number, and a brief summary of what they told you. Witness testimony regarding the hazard and/or the injury can be significant in establishing the property owner’s liability.

However, regardless of the testimony, the credibility of the witness is equally important. It would be wise to document witness statements including the witness’ name, job title (if a staff member), and duration of observation of the scene. Your attorney can utilize this information to challenge any insurance disputes and to substantiate your version of the events.

Photographic Evidence

Take photographs of the hazard immediately after the fall. Document the hazard, its location, and surrounding conditions. Take wide-angle photographs to capture the context of the area and close-up photographs to specifically illustrate the hazard (such as a spill, torn carpet, or uneven step).

Also, document your injuries and any clothing or footwear that may be relevant. Create a photographic log documenting the date, time, and brief description of each photograph. If you cannot take photographs at the scene, do so as soon as possible as the condition of the area may rapidly deteriorate.

Video is superior to still photography and may be used if available. Additionally, if possible, document signage, lighting, and any maintenance records visible in the area. These images will help establish that the property owner was aware of or reasonably should have been aware of the hazard. Provide your attorney with both digital and hard copy photographs for review.

Factors that Affect Settlement Amounts

There are several key factors that usually determine the amount of a settlement following a slip and fall case:

• The severity of your injuries
• The total cost of your medical bills
• The degree of responsibility of the property owner

These elements typically interact to create the upper and lower bounds of a potential settlement and the speed with which a claim is resolved.

Severity of Your Injuries

The severity of your injuries is the single most significant element in determining the value of your claim. A broken bone, a torn ligament, a head injury requiring surgery, etc. will generally result in a significantly greater demand than a bruise or short-term sprain. Insurance companies will review the nature of your treatment, your recovery time, and any limitations on your employment or ability to engage in activities of daily living resulting from the injury.

Documenting your injuries is crucial. This includes obtaining ER reports, specialty reports, imaging studies (x-rays, MRIs), and records of physical therapy. Photographs of your injuries along with detailed descriptions of your symptoms and any limitations you are experiencing, will aid in proving the severity of your injuries during negotiations.

Medical Costs

Your medical bills will provide a tangible dollar figure for one portion of your claim. Hospital and/or surgical bills, ER visits, physician visits, rehabilitation, and other medical expenses can add up quickly and are a major component of many settlement determinations. Maintain all bills, invoices, receipts, and insurance Explanation of Benefits (EOBs).

Future Medical Needs

In addition to your past medical expenses, any future medical needs should also be factored into your claim. If your physicians anticipate further treatment, your claim should reflect such anticipated costs. You may separate past expenses from future expected care to demonstrate a complete picture of the financial impact of the injury.

Liability and Fault

Who is liable for your injuries will directly affect the amount of compensation you are entitled to. If the property owner has clearly failed to correct hazards, ignored warning signs, or created the hazard, the insurance company may be more willing to settle. However, if you bear some fault for the fall (i.e., failure to watch where you were walking), your recovery will be diminished.

Arizona follows comparative fault principles. Therefore, your settlement will be decreased by the percentage of fault attributed to you. For example, if you are found to be 20% at fault on a $50,000 award, you will only receive $40,000.

Strong evidence of the hazard, witness testimony, and incident reports will greatly enhance your case against the property owner.

How Queen Creek Law Firm Can Help

Many slip and falls are resolved out of court; however, each case is unique. What ultimately determines whether your case will settle or go to trial depends on several issues including: how well the evidence supports your claim; how serious your injuries were; and how easily it can be shown that the defendant was negligent. When you have an understanding of the above, you will have a better idea of what to expect from your case and what decision-making process is involved in pursuing fair compensation for your injuries.

For a free consultation with an Arizona slip and fall attorney, call Queen Creek Law Firm. We will assist you in assessing the merits of your case, tell you which way your case may go and guide you through the process of seeking fair compensation for your injury.

Contact us today!