Knowing how much your slip and fall lawsuit is worth can be difficult to gauge. This is because its value depends on many factors including the severity of your injuries, what happened during the accident, and the property owner’s behavior.
Below you’ll find out how to determine what your slip and fall lawsuit may be worth so you know what to expect from your settlement.
Documenting the Accident Scene
There are several steps that you should take right away after your slip or fall. First, photograph your injuries and the accident site, making sure to capture the condition of the premises where the accident occurred. You should also write down what happened immediately so that when you meet with a Slip and Fall Lawyer, you’ll have the details you need. Finally, gather statements and contact information for anyone who witnessed the accident. Without this information, it will be hard to know who was at fault and what kind of settlement to expect.
Getting Medical Care
To get the maximum settlement, you’ll also want to seek medical care right away. Having your injuries assessed and documented will go a long way toward supporting your case. Getting immediate medical care is also important because injuries that seem minor can become worse in the days, weeks and months after an accident if they are not properly taken care of.
Getting Legal Help to Assign Value
Once you’ve taken care of your medical needs, it’s time to make contact with a lawyer experienced in slip and fall cases. Your lawyer will be the most important element in determining how much your settlement is worth.
Your lawyer will evaluate the accident location, the available insurance coverage, the defendant’s financial resources, the severity of your injuries, and the strength of your case to arrive at a dollar amount. Significant injuries like head injuries or broken bones that result in serious impairment will be eligible for more compensation than minor injuries.
While it’s impossible to tell how a jury will perceive your injuries and how much they will sympathize, your lawyer should have the experience necessary to assign the proper dollar amount to your settlement.
Damages You Are Entitled To
Some of the damages you are entitled to after a slip or fall will be simple to calculate. Medical bills, wage loss, prescriptions, therapy and equipment are quantifiable damages.
General damages are more difficult to determine. General damages are for daily activities you are no longer capable of, like housework, driving or childcare. Pain and suffering is also hard to quantify, and in order to qualify for this type of compensation your injuries must be both serious and permanent. Your lawyer can help you determine whether you are eligible for these types of damages.
If your slip or fall was the result of extreme negligence, such as a landlord who has many code violations, you can also sue for punitive damages.
Determining Liability
In order for the other party to be considered liable, they must have acted negligently by failing to fix a hazard in a timely manner, or failing to warn you of the hazard. A wide range of conditions including broken flooring, dim lights, construction hazards and icy sidewalks can be considered examples of negligence. Governments and municipalities can also be found negligent if they have failed to keep a road, sidewalk or building safe and it has caused your injuries.
If you cannot prove negligence, it will be difficult to receive compensation for your case. Your lawyer will let you know whether your case is strong during your initial consultation.
Make sure to contact a lawyer as soon as possible after your slip or fall to get the information you need about your legal rights.
Now that you know more about how settlement amounts are determined for slip and falls, download our free personal injury recovery kit or contact us for a free consultation.
