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Why do some people hurt in slip-and-falls file lawsuits?

On Behalf of | Jan 26, 2024 | Personal Injury

People sometimes find the idea of taking legal action after a slip-and-fall incident relatively off-putting. They might believe that slip-and-falls are generally minor incidents that do not lead to serious injuries. However, that common misconception is actually quite inaccurate. Roughly a million people every year require evaluation and treatment in emergency rooms because of slip-and-falls. A fall does not need to occur at a significant elevation to cause major medical challenges and expenses for an individual.

Those hurt in slip-and-fall scenarios sometimes need to take legal action against a business or property owner because they fell. Why might a slip-and fall require legal action?

The injured party has major expenses

The simplest explanation for why people take legal action after a slip-and-fall at a business is because they have major expenses. Those who need emergency medical care after a slip-and-fall could have numerous different serious injuries.

Older adults, in particular, may be at elevated risk of broken bones or fractures after a same-level fall. Some people have soft tissue injuries that cause debilitating pain and force them to take time away from work. Other times, a slip-and-fall might result in a head injury if someone hits their head on the floor or objects nearby when they fall.

Instead of using paid leave from work or personal health insurance coverage that may impose personal costs for treatment, the person hurt in a slip-and-fall may take legal action against a business to request appropriate compensation.

Insurance may not pay without a judgment

Individual property owners and businesses often pay to carry specialized premises liability insurance. Those hurt at a business or on private property can file a claim against business coverage or premises liability protection, at least in theory.

However, it is often necessary to take legal action and secure a judgment against a business or property owner to compel an insurance company to offer a reasonable settlement. Given that people may have property damage losses, medical expenses and lost wages to recover, taking the matter to court could be a reasonable reaction to slip-and-fall injuries that result from injuries in public spaces.

Taking legal action can create consequences for the responsible party for a slip-and-fall while compensating those who are not to blame for their injuries.