The Challenges of Slip and Fall Cases in Pittsburgh

On This Page

1. Proving Liability Could Complicate Your Case
2. The Statute of Limitations Could Derail Your Case
3. Settlement Offers Are Not Always Reasonable
4. Slip and Fall Trials Can Be Unpredictable
5. Let Our Law Firm Address Your Case’s Challenges

REVIEWED BY

C. William Kenny

February 02, 2022

Board certified by National Board of Trial Advocacy

When it comes to slip and fall injury cases, a single factor could negatively impact your case’s outcome. There are numerous potential challenges of slip and fall cases in Pittsburgh, but legal counsel could help you address them.

Challenges include being unable to gather evidence, accusations of fault, and filing deadlines. A slip and fall injury lawyer serving Pittsburgh could help you navigate the legal system and address any challenges as they arise.

Proving Liability Could Complicate Your Case

Arguably the most common challenge with a slip and fall injury case is proving liability. Remember: you can only recover damages if another party caused your accident and injuries.

This involves proving that:

• The property owner had an obligation to keep their premises safe for lawful guests.
• The property owner, for whatever reason, did not address or anticipate certain hazards.
• You slipped and fell on another party’s property because of a pre-existing danger.
• As a result, you have various losses related to your injuries.

Evidence, such as witness testimony and security camera footage, can support your right to damages. Yet, gathering evidence isn’t as easy as it seems. Your lawyer will use their network of resources to pursue what you need.

The Statute of Limitations Could Derail Your Case

One pitfall that could upend even the strongest case for compensation is the statute of limitations. The statute of limitations is the formal deadline that applies to your personal injury case. If you file your lawsuit after the statute of limitations expires, the court will dismiss your case permanently – even if your case is strong.

In Pennsylvania, the statute of limitations is governed by Pa. C.S.A. § 5524. According to this statute, you generally have two years from the date of your fall to file a lawsuit. Our firm could review your case and advise you on how the statute of limitations might impact your chances of recovery.

The Insurance Company Could “Drag Out” Your Case

Some insurance companies will do anything possible to challenge valid claims, such as intentionally delaying their progression. Insurance companies hope that by dragging out your case, the statute of limitations will expire, freeing it from liability.

An experienced lawyer will recognize these tactics and combat them accordingly. This involves gathering evidence, applying civil law, and filing prompt lawsuits.

Settlement Offers Are Not Always Reasonable

It is not unusual for slip and fall injury cases to conclude through negotiated settlements. Settlements might be common, but that does not guarantee you’ll receive a fair offer. Some insurance companies have reputations for offering less-than-ideal settlements, hoping to save money.

While thinking about legal aid, consider the following:

Insurance Companies Try to Take Advantage of Unrepresented Claimants

The insurance company may push you into accepting an unfair offer if you don’t have a lawyer. Insurance adjusters understand that by negotiating a settlement on your own, you are at a disadvantage.

Adjusters often make offers that might cover your immediate healthcare expenses but don’t account for those you haven’t incurred yet.

Thankfully, an attorney from our firm could negotiate a settlement on your behalf. They can work toward a fair outcome by calculating your losses, reviewing the liable policy, and negotiating for what you deserve.

Slip and Fall Trials Can Be Unpredictable

When a slip and fall insurance settlement isn’t possible, you can pursue damages through a civil lawsuit. Trials are complicated, and you could face an array of challenges during every stage of litigation.

Many trial-related challenges happen before court is even in session. Some of these complications include:

• Jury selection. While juries are supposed to be unbiased, no one is truly unbiased. They might bring their own misconceptions of injury law into your case. When you partner with a lawyer, they can present your case to the jury and persuade them to award fair compensation.
• Issues with fault. The other party might accuse you of causing your own slip and fall. For instance, they might claim you were wearing inadequate footwear or were trespassing. Pennsylvania operates on a comparative negligence system, meaning that your portion of fault could affect how much you can recover.
• Issues with liability. The defendant might claim that they didn’t own the property on which you were injured. We can use deeds, employment records, and other information to refute their statements.

Let Our Law Firm Address Your Case’s Challenges

The good news about slip and fall cases in Pittsburgh is that you don’t have to face them alone. Like with any personal injury case, you have the right to hire an attorney who will serve as your advocate.

The attorneys of Berger and Green have a long track record of advocating for injury victims in Pittsburgh, Pennsylvania. We are proud of the successes we’ve secured for our slip and fall clients, and their testimonials speak volumes. Call (412) 661-1400 for your free consultation today.