In slip and fall cases, the property owner (or his or her insurance carrier) may argue that the plaintiff is partially (or totally) responsible for the accident that led to the injuries. This kind of argument is made under a legal concept known as "comparative fault," and states have codified the concept in "comparative negligence" and "contributory negligence" laws. The rules in place in a given state will affect a plaintiff's ability to recover compensation if they're found to share some blame for the accident.
You become the plaintiff in the case and the person who injured you becomes the defendant. Lawyers for each side (and for the insurer) typically begin gathering facts through exchange of documents, written questions (interrogatories) or depositions (questions that are asked in person and answered under oath). This process is called discovery. After discovery, many cases get settled before trial. Only a small percentage of personal injury actions ever go to trial.
A slip and fall victim is also permitted to gather sworn testimony regarding what happened. The plaintiff does not need to wait until trial to learn what the witnesses will say. This is accomplished by conducting depositions (recorded interviews). Subpoenas can be issued to the defendant and other parties to show up to be deposed at the office of the plaintiff's attorney, and to answer questions about the accident on the record.
In England and Wales, under the limitation rules, where an individual is bringing a claim for compensation, court proceedings must be commenced within 3 years of the date of the accident, failing which the claimant will lose the right to bring his or her claim. However, injured parties who were under the age of 18 at the time of their accidents have until the day prior to their 21st birthdays to commence proceedings. A court has the discretion to extend or waive the limitation period if it is considered equitable to do so. Another exception is if the accident caused an injury, as an example industrial deafness, then the three-year period will start from when injured party knew or ought to have known that he or she had a claim.
Arbitration may be required if the victim's own insurance company is involved. This involves presenting a case in front of a neutral arbitrator who makes a binding decision. Mediation consists of the victim and the person responsible for the injury working together to reach a solution out of court with the help of a third-party neutral. (See more on mediation and arbitration.)
Lawyer fees may be charged in a number of ways, including contingency fees, hourly rates, and flat fees. In many countries, personal injury lawyers work primarily on a contingency fee basis, sometimes called an if-come fee, through which the lawyer receives a percentage of a client's recovery as a fee, but does not recover a fee if the claim is not successful.