After a slip and fall because of a hazardous condition on a business or private property, people often want to file a lawsuit to cover lost wages and medical costs. Such a legal way of dealing with things can help the injured party secure compensation, but the question is how much can be received.
Usually, the slip and fall law is hard to understand, so it is important to get appropriate legal advice. It is best to call us today so that we can help. As a victim of a personal injury, it is essential to get as much compensation as possible for a slip and fall. This can help cover medical bills, long-term needs, and pain and suffering.
It is important to remember that there is no specific amount given for a slip and fall case. The amount received by the victim is dependent on many factors.
Factors that Can Play a Role in a Slip and Fall Personal Injury Case
The amount of money that a victim's defense attorney or insurance company is going to offer during a negotiation can vary. Some factors can affect the settlement, such as the extent of the injuries. Let's look at them now:
Total Medical Expenses
It is often best to use a personal injuries calculator when trying to determine how much a case is worth. It is possible to call an attorney to discuss the injuries. The damages calculator is available on various attorney websites to help people determine if they have a fall accident case.
The attorney evaluates the medical costs for the injuries sustained by the victim. However, this is hard to do at times because the victim's current and future medical bills must be taken into account. This only pertains to the injury from the slip and fall accident.
Generally, slip and fall accidents may seem simple at first. A person falls, breaks a leg, and needs to have medical treatment. However, some injuries leave lasting effects. Therefore, the future medical expenses are a leading concern to determine the case value of the injuries sustained.
The amount of medical expenses must include anything that the victim has already paid out of pocket, as well as what the victim's health insurance covers. Of course, the attorney calculates all costs relating to the injuries sustained during the slip and fall.
A valid case is one that is worth the total value of the medical bills. Therefore, it could be safe to presume that the victim is going to get at least what they paid in medical costs.
Pain and Suffering
Slip and falls often have more issues than just medical costs. The case must focus on the pain and suffering that the victim has because of the injuries sustained. These aren't easy to calculate and are also not guaranteed. Even if a victim has a personal injury case from slip and fall accidents, pain and suffering aren't promised.
This is also a variable component and depends primarily on how permanent the injuries are and the severity of them. The attorney is going to look at the medical costs and injuries relating to the issue. Then, he or she can use a multiplier and look at past cases to decide what pain and suffering value is most appropriate.
Some injuries naturally qualify for higher values than others. If the injury is going to present for a while or leaves the person permanently disabled or disfigured, a higher value is attached.
Lost Wages
When a victim has a slip and fall claim, it often means that they cannot work because of the injury they sustained. If it is impossible to work, many victims of a slip and fall are entitled to recover the value from those lost wages. It is important to prove that the wages were lost and the time was missed from work. Usually, the attorney on the case asks the employer for documentation about this. Pay stubs may also be used as evidence in a slip and fall claim.
However, if the injured person recovers and still does not go back to work, the defense attorney could argue that the compensation received for the injury doesn't apply. In some cases, victims are required to repay those lost wages.
Loss of Earning Capacity
Many times, a slip and fall case leaves a personal disabled permanently, or they cannot return to the same job as before the injury. This may mean that the victim has to work part-time, take a lesser paying job, or not work at all for an extended period. In this case, the victim is eligible to receive compensation because they have a loss of earning potential. How much compensation that can be received is based on various factors. It is often best to talk to an attorney about a personal injury case like this.
The Victim's Contribution
In any slip and fall case, the defense attorney or insurance company is likely to push the blame onto the victim. There could have been conditions that caused the slip and fall issue, but it must be proven that the victim is 100 percent innocent of any liability for the injury.
If the victim was somewhat responsible for their own slip and fall injury, they must be held accountable for their contribution on the issue. Therefore, the amount of compensation a victim gets could be lower based on how much they should have to pay themselves.
Incidental Expenses
Usually, people incur various additional expenses due to an injury. For example, the victim might have to pay more for fuel to travel for doctor's appointments. They may need help getting around and doing odd jobs around the house. This would mean hiring someone, such as an in-home care worker. It's best to make a phone call to a trusted lawyer for a consultation. Make sure they hold the at-fault party liable for every expense possible. This one might seem minor, but it is still something to consider, as the victim has extra cost needs as a result of the accident.
Negligence Type
The type of negligence that led to the accident should also be considered. Negligence means that a property owner knew that there were dangerous areas within the public place. They did nothing significant to fix the issue. In a sense, they knowingly left a severe situation and did nothing to prevent injury to the victim. This is quite common, and the primary reason why most victims win their cases.
Legal Representation
One of the most important factors for determining the amount of compensation offered is the type of legal representation sought. It is possible to search for attorneys based on whether they handle slip-and-fall cases. Free consultations are often provided, which ensures that the victim can receive appropriate information to determine if a case is possible.
FAQs
How Many Slip and Fall Cases Go to Trial?
On average, just two percent of all slip and fall cases go to trial. Most people don't want to bring action against a corporation because they don't want to testify formally in a courtroom. Sometimes, a case can be handled out of court. It's best to talk to an attorney before deciding what to do about a particular injury.
How Much Did You Get for Your Slip and Fall?
Average settlements in a slip and fall case can be anywhere between $15,000 and $45,000. However, some people with an extensive injury may be able to get more than the average amount, depending on the factors listed above.
How Much Is a Slip and Fall Case Worth?
Usually, a slip and fall case must be considered carefully to determine what compensation is fair. For medical costs only, the formula is the amount of treatment multiplied by 1.5.
Therefore, if a victim requires $10,000 to recover from the injury, the insurance company of the at-fault business or person must pay that, plus $15,000, making a total of $25,000. This is just for the medical costs. The case may also focus on pain/suffering and other compensation.
How Much Do Slip and Fall Cases Pay?
Though there are averages, it is hard to determine what a specific case might pay. Consider all of the factors first to decide what might be owed. Generally, it is best to talk to a lawyer about the fall to determine what might be paid out.
Conclusion
Whenever a person is injured because of someone's negligence, a case could be made for this. If the victim did nothing to incite the problem and the site was dangerous for any reason, it's important to find the contact number of a reputable lawyer. Though others may say that there is no case, it’s up to the lawyer to decide.
Please call us today to see what compensation might be available. We ensure that people injured because of a third-party's negligence get the compensation they deserve. It can take a while to complete the process, but we are with our clients each step of the way.
Do most slip and fall cases settle out of court? The Keating Firm LTD. can help you figure out the answer.
Disclaimer: The details included in this blog is offered for educational purposes only, and should not be taken as lawful guidance in any way. No recipients of material from this blog, clients or otherwise, should or should not act on the basis of any material consisted in the blog without seeking the appropriate legal or other professional guidance on the particular facts and situations at issue from an attorney accredited in the recipient's state.