Trip-and-Fall Injury Claims: When Is a Lawsuit Necessary?

When trip-and-fall injury claims are undervalued, minimized, or denied, a lawsuit may be a necessary route to give yourself a better opportunity at recovery. Resolution for most of these injuries begins as an insurance claim, but disputes can escalate when the remedy doesn’t fully address the harm. Whether or not the case moves to court depends on several practical and legal factors, which an attorney can help you consider.

Follow along as our personal injury attorneys explain possible remedies for an injury that occurred on someone else’s property.

A trip-and-fall injury claim is a legal action under premises liability laws, which are statutes that hold property owners responsible for visitors’ safety. Causes of a trip and fall could include poor maintenance, improper upkeep, or construction hazards, and not every accident at someone else’s home or at a business necessitates legal action.

North Carolina’s premises liability laws put a high burden of proof on the injured person, making it very challenging to win a trip-and-fall lawsuit, but it’s not impossible with the right evidence. For most types of premises liability claim to have legal grounds, you must prove:

• The owner owed you a standard of care (by inviting you to their home or opening a business, for example)
• The property owner knew or should have known the hazardous conditions existed
• The owner was negligent by failing to fix the hazard or warn you that those conditions existed
• Your fall was directly related to the negligent property upkeep or warnings
• The trip and fall caused an injury and damages
• You were not at all responsible for tripping or falling

The last point is especially important due to North Carolina’s contributory negligence rules for premises liability claims. For an allegation to stand, the injured party could not have played any part in the accident. Anyone even 1% at fault will be barred from recovering damages.

Evidence is essential to prove the facts of the accident and move a complaint toward resolution. Take these steps after a trip and fall, if you’re able:

• Seek medical attention: This creates an official record of the injury. Even if you assume only a minor injury occurred, soft tissue damage can be more serious than it first seems.
• Document the scene: A trip-and-fall injury claim requires showing that the owner was negligent, not just that you fell. Document the scene with photos, notes, and videos to provide evidence of the property conditions.
• Collect witness information: Gather contact information for other customers or guests who can help substantiate the accident. Note any surveillance or security cameras in the area that an attorney may subpoena for evidence.

In certain situations, filing a claim with the property owner’s insurance company may appropriately address your injury and offer adequate resolution. This can be a preferred route because it is less time-intensive than a trip-and-fall injury lawsuit and still offers reimbursement for medical expenses and related damages.

An insurance claim settlement may be a satisfactory resolution when:

• The property owner has adequate liability insurance
• The insurance company accepts that a hazardous condition existed
• Medical costs and lost income are relatively clear
• Liability is not heavily disputed

Pursuing a lawsuit may be recommended when:

• The insurance company denies liability
• The insurer argues you caused your own fall
• Settlement offers do not reflect the extent of the damages
• The property owner does not have insurance coverage
• Legal deadlines are approaching, and a resolution has not been reached

Several factors can help determine whether a claim stays in the insurance stage or moves to court. In some cases, filing a lawsuit may be the only way to protect your interests. Factors that influence legal action include:

Hazardous property conditions can lead to serious injuries, head trauma, and broken bones. A trip-and-fall lawsuit can be worth thousands of dollars in compensation when evidence of the injury, medical bills, lost wages, and pain and suffering support it. The other party may scrutinize rising treatment costs and dispute the damages. A denied claim can leave you with no choice but to file a lawsuit.

When a property owner claims the hazard was obvious or denies knowledge of it, a North Carolina premises liability attorney may recommend litigation to compel the discovery of facts concerning fault.

Filing a lawsuit may be the only way to formally address fault and retain your right to compensation under North Carolina premises liability law.

If damages exceed liability policy limits, a lawsuit may be considered to address losses not covered by the insurance claim.

Unreasonable delays, refusals to negotiate, and other bad-faith insurance tactics can push a claim toward litigation to bring these injustices to light.

Lawsuits must be filed within strict deadlines, so don’t delay speaking to a premises liability attorney. A legal advocate can evaluate your experience to determine if immediate deadlines exist, and whether continuing negotiations or filing a lawsuit makes sense.

If you’d like your trip-and-fall claim evaluated, the lawyers at Miller Law Group are ready to listen. We understand North Carolina’s premises liability laws and how to support your case with evidence. Contact our team to discuss your next steps today.