Slip and fall cases can be challenging, but with strong evidence and experienced legal representation, you can improve your chances of winning. If you’re wondering, “Are slip and fall cases hard to win?” the answer depends on the circumstances of your case and Wisconsin’s premises liability laws.
At Schwaba Law Firm, we help injured victims fight for the compensation they deserve. If you were injured in a slip and fall accident in Wisconsin, call (855) 724-9222 today for a free consultation.
Understanding Wisconsin Slip and Fall Cases
Slip and fall cases in Wisconsin fall under premises liability law, which holds property owners accountable for hazardous conditions that cause injuries. Property owners must keep their premises safe for visitors, including customers and social guests.
To win a slip and fall case, you must prove:
- The property owner controlled the premises
- A dangerous condition existed on the property
- The owner knew or should have known about the hazard
- The hazard caused your injury
The standard of proof in Wisconsin slip and fall cases is a preponderance of evidence, meaning it must be more likely than not that the property owner’s negligence caused your injuries.
Common Challenges in Wisconsin Slip and Fall Cases
While slip and fall cases can result in significant compensation, several factors can make them difficult to win. Understanding these challenges can help you build a strong claim.
1. Proving Negligence
The property owner may argue they weren’t aware of the hazard or took reasonable steps to prevent accidents. Strong evidence—such as photos, surveillance footage, and witness statements—can help establish negligence.
2. Wisconsin’s Comparative Negligence Law
Under Wisconsin’s modified comparative negligence law, your compensation can be reduced if you are partially at fault for the accident. If you’re more than 50% responsible, you cannot recover damages. A skilled Wisconsin slip and fall lawyer can help minimize your fault to maximize your compensation.
3. Lack of Strong Evidence
Solid evidence is crucial in slip and fall cases. Useful evidence includes:
- Photos or videos of the hazardous condition
- Incident reports filed with property owners
- Medical records linking your injuries to the accident
- Witness statements confirming the hazard was known
- Expert testimony in cases involving structural issues
4. Dealing with Insurance Companies
Insurance companies often try to deny claims or minimize payouts by:
- Arguing your injuries were pre-existing
- Blaming you for the accident
- Offering lowball settlements
- Delaying payments to pressure you into accepting less
A knowledgeable Wisconsin slip and fall attorney can handle negotiations with the insurance company to ensure you receive fair compensation.
How to Strengthen Your Slip and Fall Case
Taking the right steps after a slip and fall accident can significantly impact your claim. Follow these guidelines:
- Document the Scene – Take photos of the hazard and the surrounding area.
- Gather Witnesses – Collect contact information from anyone who saw the fall.
- Report the Accident – Inform the property owner and ensure an incident report is filed.
- Seek Medical Attention – Get treated immediately and follow up on all medical care.
- Avoid Giving Statements – Do not speak with the insurance company without a lawyer.
- Consult a Lawyer – Contact an experienced Wisconsin slip and fall attorney for legal guidance.
How Much Can You Sue for a Slip and Fall in Wisconsin?
The value of a slip and fall claim depends on:
- Medical expenses – Past and future treatment costs
- Lost wages – Compensation for time missed from work
- Pain and suffering – Physical pain and emotional distress
- Permanent disability – Compensation for long-term impairments
A lawyer can help determine the full value of your slip and fall case and fight for the maximum compensation you deserve.
Contact a Wisconsin Slip and Fall Lawyer Today
Are slip and fall cases hard to win? Not with the right legal team on your side. At Schwaba Law Firm, we have years of experience handling Wisconsin slip and fall cases and will fight aggressively for your rights.
Call (855) 724-9222 or contact us online today for a free consultation and get the legal support you need to win your case.
