A trip and fall accident is one of the most difficult cases for an accident victim to win. This is particularly true of trip/slip and falls on snow and ice during Wisconsin winters. As a consequence, many experienced trial lawyers are no longer willing to represent people hurt in these kinds of accidents. At Peterson, Berk & Cross, we judge each trip and fall case on its individual merits. If we conclude, after a careful and thorough investigation of the facts, that the fall was caused by another person's negligence, we will agree to proceed with the case.
Negligence in a trip and fall accident is typically proven by showing that the person who owns and/or controls the property where the fall occurred knew, or should have known, of the dangerous condition which caused the fall. If the defendant (usually a landowner) knew of that condition and did nothing to repair it, he can be held accountable for the injuries caused by a fall. Negligence may also be proven by showing that the defendant would have discovered the dangerous condition which caused the injury if he had been exercising reasonable care, for example by inspecting his property.
Once we decide to take the case, at least one attorney and a paralegal will work with the client. The attorney will write an evaluation and demand for settlement which will be sent to the defendant/insurance company, complete the pretrial preparation, and if necessary, try the case before a jury. Despite all the difficulties presented by these cases, the attorneys of Peterson, Berk & Cross have achieved awards of hundreds of thousands of dollars both in settlements and jury verdicts, in cases where the injuries were severe enough to justify those amounts.