Do Most Slip and Fall Cases Settle Out of Court?

Yes, most slip and fall cases settle out of court, but not all. We frequently see the injured party and the property owner’s insurance company come to a settlement agreement before a case reaches trial. This route is often faster, less costly, and less emotionally draining than pursuing a verdict in court.

However, not every case ends in a settlement. If the injuries are severe, liability is disputed, or the insurance company refuses to offer fair compensation, taking the case to trial may be necessary. 

Each situation is different, and the outcome depends on the facts of the case, the quality of the evidence, and how willing both sides are to negotiate. That’s why working with an experienced Long Island slip and fall lawyer can make all the difference.

Why Slip and Fall Cases Often Settle Before Trial

At Levine And Wiss, our Long Island personal injury lawyers have handled thousands of personal injury cases, and most of them, especially slip and falls, are resolved outside the courtroom. Settlements provide a practical and strategic resolution, especially when the goal is to secure compensation quickly and with less risk.

Common reasons these cases settle include:

• Faster outcomes: Trials can take months or even years. Settling can provide closure sooner, which is important when you’re facing medical bills or lost income.
• Reduced costs: Litigation involves court fees, expert witnesses, and time away from work. A settlement avoids many of those expenses.
• More control: Settling gives both parties a say in the outcome. Trials leave the decision in the hands of a judge or jury.
• Less stress: Court appearances and cross-examination can be emotionally exhausting. Settlements are more private and less confrontational.

What Determines Whether a Case Will Settle or Go to Trial?

Not all cases are suited for settlement. The decision to settle or litigate often comes down to four key factors:

• Clearly established fault: If a property owner ignored an obvious hazard—like a leaking ceiling or icy entrance—their liability is harder to deny, making settlement more likely.
• Strong evidence of damages: Medical records, photographs, surveillance footage, and eyewitness accounts can create a powerful claim that’s difficult for insurers to refute.
• Insurance coverage limits: When the at-fault party has limited coverage, a quick settlement may be the most efficient way to access the maximum available compensation.
• Breakdowns in negotiation: If the defendant won’t admit fault or refuses to offer fair compensation, we don’t hesitate to bring the case to court.

How New York Law Impacts Slip and Fall Settlements

In New York, slip and fall cases fall under premises liability law, which requires property owners to maintain safe conditions. Victims generally have three years from the date of the accident to file a personal injury lawsuit, under New York Civil Practice Law & Rules (CPLR).

New York also follows a comparative negligence rule (CPLR §1411). This means that even if you were partially at fault—for example, if you missed a posted warning sign—you can still recover compensation. However, your award may be reduced in proportion to your share of the blame.

At Levine And Wiss, we carefully assess each client’s situation and build a strategy to limit claims of comparative fault while maximizing recovery.

Should You Take the First Settlement Offer?

Generally, no. Insurance companies often make early settlement offers that are far below the actual value of your claim. Their goal is to close the case quickly—often before you understand the full impact of your injuries.

We evaluate every offer with the full picture in mind, including:

• Your current and future medical needs
• Lost wages and reduced earning potential
• The physical and emotional toll of your injuries
• Pain and suffering and loss of quality of life

If a settlement doesn’t reflect the true value of your case, we’re ready to take the next step—and we don’t back down when it comes to pursuing what you deserve.

What Happens if a Slip and Fall Case Goes to Court?

While most claims settle, some cases must go to trial to secure justice. If your case requires litigation, our team handles every step from start to finish, including:

• Filing the lawsuit within the statute of limitations
• Conducting discovery and gathering supporting evidence
• Presenting your case at trial with expert testimony and visuals
• Challenging weak or misleading arguments from the defense

Unlike firms that delegate to junior attorneys or outside counsel, we manage your case in-house—ensuring consistency, accountability, and aggressive representation.

How We Maximize Slip and Fall Settlements

At Levine And Wiss, we prepare every case like it’s going to trial—even when a settlement is likely. That reputation sends a clear message to insurance companies: lowball offers won’t work.

To strengthen your case, we bring in:

• In-house investigators to secure and preserve critical evidence
• Expert witnesses, including orthopedic surgeons and financial analysts
• A full legal support team, with paralegals working under partner supervision

This comprehensive strategy allows us to build leverage during negotiations and deliver real results—whether inside or outside the courtroom.

Start With a Free Consultation

If you were injured in a slip and fall accident, don’t settle for less than you deserve. Levine And Wiss has helped thousands of clients recover meaningful compensation, and we’re available 24/7 to talk, text, or meet. We offer flexible options—virtual consultations, home visits, and multiple convenient office locations.

With over 15 years in business, we’re proud of our reputation for taking on tough cases and winning. Contact us today to schedule your free consultation and find out how we can fight for you.