If the 2 disputing parties in a slip and fall case had failed to agree on a settlement figure, then the plaintiff would have the right to file a personal injury lawsuit.
Questions that highlight the principal factors
Did the slip and fall incident result in any injuries? If so, how serious were they?
If the person that fell had suffered only a bruised hand, then the lawsuit would not hold much value. Still, personal injury lawyers in Barrie refer to the injuries that are associated with a slip and fall incident as subjective damages. An attorney might find a way to add some value to a client’s injury.
What effect did the claimed injury have on the victim’s career? What effect did it have on his or her day-to-day, life experiences?
If a sustained injury had kept the fall victim from advancing in his or her chosen career, then the lawsuit’s value could be substantial. A small injury could have a large effect. That would be the case if a victim that had been a model, and were to suffer a tiny but visible scar on his or her face.
Other factors with some influence on case’s outcome
Where was the lawsuit filed? If the lawsuit had been filed in a rural area, then that would mean that the members of jury would come from that same rural community. An analysis of jury verdicts in personal injury cases has shown that juries that are most familiar with a rural setting tend to reward plaintiffs with a smaller award. What was the size of the premises where the plaintiff slipped and fell down?
The owner of a small shop seldom feels ready to pay a defense lawyer. Consequently, that same shop owner would try to reach a settlement with the plaintiff, as opposed to paying an attorney that could serve as legal counsel and advocate, during a trial.
Someone who happened to slip and fall in a larger building could find that the property owner has expressed a readiness to finance a defense lawyer. Consequently, that owner would probably hire a highly experienced attorney. That could make it harder for the plaintiff’s personal injury lawyer to win the lawsuit.
Some defense experienced defense lawyers have become familiar with the thinking of the judges within a given courthouse. Hence, those lawyers’ experiences could have included advocating for a defendant in front of a given judge.
Depending on the judge’s tendency to support or rule against the defense attorney’s introduction of certain evidence, or certain questions for witnesses, the defendant’s lawyer might refuse to appear before a certain judge. That action could reduce considerably the chances for a ruling in favor of the plaintiff.