If you’ve experienced a slip or fall, it can be difficult to know what value to assign to your lawsuit. How serious your injuries are, the details of your accident, and the property owner’s actions must all be considered. Working with an experienced lawyer is the best way to learn how to value your case.
Below, you’ll learn the basics of how slip and fall lawsuit amounts are determined.
Steps to Take After a Slip or Fall
As soon as your slip or fall occurs, you need to take action. This includes taking photographs of any injuries as well as the accident site. Also, write down exactly what happened and take statements from any witnesses. It’s important to seek medical care to assess your injuries too. Because injuries can initially seem minor and then worsen over time, it is crucial to take action right away. All of these steps will help you provide evidence for your case if you take legal action. Make sure to contact a personal injury lawyer as soon as you can, as there are often strict timelines for when claims must be filed.
Assigning Value
To determine the value of your slip and fall case, you and your lawyer will consider several factors including:
• Where the accident occurred
• How much insurance coverage is available
• How many financial resources the defendant has
• How strong your case is
• How severe your injuries are
Major injuries like broken bones or severe impairment that negatively impact your life will obviously be eligible for more compensation than for minor injuries. Even if you’ve arrived at an assumed dollar amount for compensation, many factors remain unknown including how jurors will perceive your injuries and whether they will sympathize with you. It’s important to understand that these “unknowns” can influence the amount of compensation you actually receive.
Types of Damages
After a slip or fall, there are a variety of damages you may be entitled to. More severe injuries can result in higher levels of compensation than those that are less severe, which is another reason why it is important to get a medical opinion right away.
Many damages you may be entitled to will be straightforward and easy to calculate. These include wage loss, medical and hospital bills, prescriptions, equipment and therapy. If your case involves serious negligence, you may be able to sue for punitive damages. For example, a landlord with excessive code violations, or who has frequently put his tenants in danger, may be sued for punitive damages.
General damages can be more difficult to assign value to. They include wages and earnings you lose if you are unable to work. In addition, everyday activities you can no longer do like driving, housework, caring for children or participating in hobbies can also qualify. Pain and suffering is also included under general damages, but there are limits to this type of compensation.
Liability
If the owner of the property where your accident occurred was negligent, they are liable for your injuries. From wet or broken flooring, to dim lights and construction hazards, there are a variety of conditions that can impact your case. Even icy sidewalks outside of an apartment building can be considered negligence.
In addition to private property owners, municipalities and governments can be held liable for your injuries. They are required to keep roads, sidewalks and buildings safe.
When determining slip and fall lawsuit amounts, it’s best to work with an experienced lawyer to ensure that you are fairly compensated for your injuries. If you’ve experienced a slip or fall, consult with a personal injury lawyer to better understand your rights.
