How are Settlements for Slip and Fall Cases Determined?

Categories: Slip / Fall

Slip and fall settlement amounts come down to the extent of the injuries, the evidence against the defendant, and the quality of representation. In addition to these three big factors, there are other factors like medical costs, lost wages, and other financial losses that all go into determining a settlement.

The most important thing to remember, however, is that no two settlements are alike. Even two people with similar accidents and injuries could receive very different settlements. The only way to truly know how much your case is worth is to speak with an injury attorney. You can meet for a no-obligation case evaluation and after reviewing the evidence, they can help determine how much you should receive.

While you wait for your consultation appointment, you can review the factors that go into estimating these settlements and how they could impact your case’s outcome.

The Factors Used to Determine Your Slip and Fall Case Settlement Amount

You have numerous factors your attorney, the insurance company, the defense attorney, and even the judge will consider in an accident lawsuit. Knowing how each of these influences your case may help you better estimate your case’s outcome.

How Serious Was the Injury?

One of the biggest determinants in a settlement is how serious the injury was after a slip and fall accident. Sometimes, a person’s injuries are severe, but they can still make a full recovery. In that case, you would not have as high of a settlement as someone who was permanently disabled after the accident – or worse, died from their injuries.

The more permanent the injury is or the longer it will affect your quality of life, the higher your settlement will be. More serious injuries may make it impossible for you to work, interact with loved ones, or even enjoy your life. You may have chronic pain for the rest of your life, which definitely plays a role in determining your settlement amount.

Do not think that because you recovered, you cannot receive a settlement. You still have the right to seek compensation for your injuries following a slip and fall – regardless of if you are permanently disabled afterward or not. You have damages, and those damages should be paid for by the person responsible.

How Strong Is the Evidence Proving the Defendant Caused Your Injuries?

Slip and fall cases fall under personal injury law. To succeed in a personal injury claim, you must prove, using a preponderance of the evidence, that the defendant caused your injuries. That means your evidence proving negligence is stronger than the defendant’s evidence arguing against it. Often, this comes down to accident reports, witness statements, and the testimony of medical experts.

The stronger your evidence is, the less likely the insurance company or defendant’s team will want to go to court as well. Juries are highly unpredictable. And when the evidence is strong, the defendant knows that they may pay more from a court-ordered settlement than private negotiations. Therefore, they may opt to settle faster in private negotiations.

What Were the Medical Costs Associated with Your Slip and Fall Accident?

One area of compensation is your medical expenses. These are tangible losses that are easy to calculate because you will have insurance statements, medical bills, and receipts for your payments to medical providers. When you win a slip and fall case, you are entitled to compensation for all medical costs related to the accident – including hospitalizations, surgeries, physician appointments, medications, medical equipment, and any future medical costs that you may incur because of the injury. Long-term medical care, including in-home nursing care due to a permanent disability, may also be included in this estimate.

Did You Lose Wages, and Were You Able to Return to Work?

Most likely, you missed hours at work while you recovered from your injury. Therefore, you deserve compensation for the time taken off from work. You may also receive compensation for any work hours missed while you attend doctor’s appointments, follow-up visits, or other medical care, even after you return to work.

If you are permanently disabled and you can no longer return to your job or you must take a lower paying position to compensate for your disability, you can still seek compensation for those losses as well. In the event you are permanently disabled and unable to work, you may be entitled to those lost future wages along with any lost benefits that come from working that you no longer can receive while you are unemployed. Pay raises, bonuses, and even compensation for moving up in your position at work may factor into those losses, too.

Do You Have an Attorney Representing Your Case?

One of the biggest factors that determine the payout in a case is whether you have representation and the experience of that representation.

First, having an attorney is critical in an injury case. You need someone there to fight for your right to the compensation you deserve, and you need to focus on recovery while someone else negotiates with attorneys and insurance companies on your behalf.

Second, you need an attorney experienced in injury law. These attorneys have handled countless cases just like yours, and they know what it takes to prove that not only were you injured, but you deserve the compensation requested.

Start by Contacting a Local Injury Advocate

If you or a loved one was seriously injured in a slip and fall incident, contact a local attorney who has experience with injury claims. These attorneys know the laws, requirements, and have even dealt with judges that oversee these cases. They are better prepared to handle the negotiations and fight for your right to fair compensation.

Attorney Jeffrey H. Penneys, Esq., can assist you with your slip and fall case. To explore your options or to see if you have a viable case, contact him directly by calling the office or by completing an online contact form. All consultations are free of charge and confidential.