What are the Stages of a Slip and Fall Case?

Posted on behalf of Henness & Haight on Sep 27, 2017 in Slip & Fall News

business man injured in slip and fall accident

If you were injured after slipping and falling on another’s poorly maintained property, you may be able to file a personal injury lawsuit seeking compensation.

At Henness & Haight, our personal injury attorneys in Las Vegas have represented many victims who were injured in slip and fall accidents and have a strong understanding of Nevada’s laws surrounding these types of cases. We can guide you through the many steps involved in a slip and fall accident lawsuit.


The first step before any lawsuit can begin is to conduct an investigation into the accident to determine if you have a case. Our attorneys will conduct a thorough investigation to determine the cause of your injury and who should be held liable.

These types of cases fall under the legal concept of premises liability, which holds property owners liable for certain injuries that occur on their property. When investigating your claim, our attorneys will determine:

  1. Who was in control of the property when the accident occurred
  2. If the victim was given permission to use or enter the property
  3. If a dangerous condition existed on the property
  4. If the property owner or party in control of the property knew of or should have known of the dangerous condition
  5. If the dangerous condition caused the victim to suffer an injury or other damages

Insurance Claim

In most cases, you will file a claim with the property owner’ liability insurance provider after a slip and fall accident. The insurer will send an adjuster to investigate your slip and fall case and negotiate a settlement based on his or her findings.

Our attorneys will help you file a claim against the insurer and will handle all communications with the insurer, including negotiating a settlement for your claim. We are familiar with the many tactics they may use to reduce the value of your claim, and we are committed to fighting for the maximum compensation you deserve.


If we are unable to reach a settlement with the property owner’s insurer, we have the option to file a lawsuit to obtain the compensation you deserve. To initiate a lawsuit, we will file a complaint against the property owner and/or his or her insurer. A complaint is a legal document notifying the at-fault party that a lawsuit has been filed against them.

In Nevada, a complaint must include the following information related to the case:

  • The parties involved in the lawsuit
  • A description of how the slip and fall accident occurred
  • Who is allegedly responsible for the slip and fall accident
  • The amount of damages you intend to pursue to pay for your injuries

Once the at-fault party receives your notice of a lawsuit, he or she has 20 days to respond. He or she can agree to settle the claim and pay your damages or proceed with the lawsuit.

Discovery Phase

Once the at-fault party has agreed to proceed with the lawsuit, we will enter the discovery phase. The discovery process requires that both parties make known any information they have related to the case.

During the discovery process our attorneys may obtain or perform the following:


These are written questions served by the opposing party regarding the facts of the case. Our attorneys will help you complete interrogatories requested by the other party and carefully assist you in answering the questions.

Request for Admission

This requires a party involved in a lawsuit to admit or deny certain facts about the case. This is a particularly useful tool because it can hold someone liable for providing false or misleading information.

Document Production

Each party will be required to provide all documents related to the case. Our attorneys will gather all necessary documents and provide them to the at-fault party.


A deposition is a question and answer session that is conducted under oath. Depositions are intended to hold people accountable for the statements they make regarding a case to prevent them from changing their story.

During a deposition, we and the at-fault party’s attorney may interview you, the at-fault party, and any other witnesses or expert professionals involved in the case.

Pre-Trial Motions

After we have concluded the discovery phase of your slip and fall claim and have received all information related to your case, we will continue to attempt to negotiate a settlement with the other party.

Some ways we may do this include:


Both sides may agree to a mediation to discuss the possibility of a settlement. During a mediation, you and the at-fault party, as well as each side’s attorneys, will review the terms of the lawsuit and determine if a settlement is in your best interest.

A mediator will oversee the mediation process and the attorneys for each side will present an opening statement about the slip and fall case, including why you believe the at-fault party is negligent and the damages you are requesting to settle your case.

The mediator will act as a negotiator between the two sides and help reach a fair settlement. If the parties agree a settlement cannot be reached, the case will proceed to trial.


Another pre-trial motion used to settle a lawsuit is arbitration. This is a private hearing that takes place between the victim, the at-fault party and a third-party judge.

However, unlike mediation, arbitration is a binding agreement. This means a decision made through arbitration cannot be disputed once a settlement has been reached.


If both parties are unable to reach an agreement or settlement during a pre-trial motion, we will proceed to trial.

During the trial, your attorney will present your case and all evidence that shows how the at-fault party’s negligence caused the hazardous condition that resulted in your slip and fall accident.

The judge and jury presiding over your case will hear both sides and make a decision to award compensation or not.

Contact a Skilled Slip and Fall Attorney in Nevada

Slipping and falling over a dangerous condition is a common accident that often results in serious debilitating injuries.

Our attorneys are ready to assist you with your claim by reviewing it during a free, no obligation consultation. We have decades of combined experience of representing victims of negligence through all stages of a personal injury lawsuit, and will work to represent your case to help you recover the compensation you deserve for your pain and suffering.

All of our services are provided on a contingency fee basis, which means we only charge legal fees if we recover damages on your behalf.

Call 844.613.6275 if you were injured in a slip and fall accident.