Legal Costs for Slip and Fall Lawsuits

Anyone who has sustained an injury from a slip-and-fall accident caused by someone else's negligence or malicious action is eligible to file a slip-and-fall lawsuit against those responsible. These lawsuits may fall under personal injury or premises liability laws, and in most cases are best presented with the help of an experienced lawyer. However, the average person has no experience in filing lawsuits and may be curious as to whether or not the costs of doing so outweigh the benefits. Costs will vary and there are few options available for those with a budget on their mind, but in most cases going forward with a lawsuit on a valid slip-and-fall claim is better than doing nothing, no matter what the expense.

Small Claims Court

If the injuries sustained from the slip accident are minor and did not cost more than$20,000 to treat, it might be worthwhile to consider handling your case in small claims court. This can be done without a personal injury lawyer, so those filing a claim will need to represent the case in the court and do all the research and documentation required. The filing fees and other expenses involved in filing a small claims lawsuit can range from $20 to $300 or more; the limit on the maximum award amount allowable ranges from $2,000 to $15,000, depending on the state and the situation so it may not be worth the effort and expenses saved. If you win your case, the filing fees will be repaid to you by the defendant.

Contingency Fees

If the slip-and fall-accident led to more severe injuries that are costly to treat or require ongoing rehabilitation, loss of income or future loss of earning capacity, it is essential to contact a lawyer to represent you in claiming damages. Fortunately, most lawyers who work with slip-and-fall claims are willing to work on a contingency fee basis. This means that the lawyer will receive no payment unless the case is won, and if the claim awards the plaintiff with a settlement amount, the lawyer will receive a percentage of the settlement, generally from 25% to 40%. In some cases lawyers do not charge a percentage of the total settlement, but only a percentage of the amount remaining after all medical expenses have been repaid.

Additional Costs

On top of the lawyer's fees there are additional costs involved in slip and fall cases which may or may not be paid for up front by the lawyer working on your case, who is then reimbursed after a settlement is awarded. These costs include: clerical labor, court fees, investigation fees, consultant fees and expert witnesses and start at around $2,000; they can go much higher depending on the complexity of the case.