Every injury case involves different factors, and a slip-and-fall lawsuit is no exception. A successful claim recovers compensation for all the setbacks caused by your accident, including economic damages such as medical bills that can be backed up with actual dollar amounts.
Real monetary damages are the top determining factor in any slip-and-fall settlement amount. An experienced attorney can help calculate these losses based on your past and future medical expenses.
What is a Slip and Fall Settlement?
Slip and fall settlements compensate for an injury caused by another party’s negligence. These claims can be complicated and require much legal work to prove liability, build a case, negotiate with an insurance provider, and sometimes argue the case at trial. An experienced attorney can help you seek the compensation you deserve for your injuries and losses.
The slip and fall settlement amount will depend on several factors, including how severe your injury was, how long you were unable to work, and the cost of your medical bills. In many cases, your medical expenses will make up most of your settlement, and the more expensive your care is, the higher your settlement could be.
A slip-and-fall accident often results in serious, debilitating injuries. In a slip and fall claim, you must show that there was a dangerous condition on the property of the occupier or the owner, that they knew about it or should have known about it, and that the failure to notify you or to correct the danger directly caused your injury.
What are the Benefits of a Slip and Fall Settlement?
The victim’s compensation depends on the severity of their injuries and incurred losses. For example, broken bones and scars typically garner a higher settlement payout than soft tissue injuries or bruising that will likely heal within a few weeks. A plaintiff’s attorney will compile a list of all calculable losses, including past, current, and future medical bills, lost wages, loss of life enjoyment, and other out-of-pocket expenses.
A successful settlement often means the case will be resolved outside of court. A lawsuit is a lengthy, stressful, and expensive process that can take months or even years to resolve. During a trial, a personal injury lawyer must present the evidence of their client’s claim in front of a judge and jury.
Once the at-fault party’s insurance company determines they are liable, they will offer a settlement. A skilled personal injury attorney can negotiate policy limits and terms.
It may be necessary for your injury attorney to wait until you reach maximum medical improvement before settling your slip and fall claim. MMI is when your doctor no longer expects you to improve. This is usually achieved after surgery and several months or more of physical therapy. Having a preexisting condition that was worsened by your accident will also impact the timeline of your case.
How Long Will a Slip and Fall Settlement Take?
While most slip-and-fall cases settle before trial, the timeframe varies by case. Many factors influence the overall duration of a slip and fall lawsuit, including how severe your injuries are, how long it takes to reach the final settlement amount, and how much litigation is involved.
The first step in filing a slip and fall lawsuit is filing a complaint with the court. This formal document identifies who the parties are, what caused your accident, and how much financial compensation you seek. Once the defendant is served with this document, they typically have several weeks to file a response.
One of the most important aspects of the case is the discovery process, which involves both sides questioning each other about evidence in the case. This can be a lengthy, back-and-forth process that can take months or even years. The more defendants there are, or the more complex your accident is, the longer this process will likely take.
It is also common for the at-fault party or their insurance company to dispute elements of your claim, such as how serious your injuries are or whether the incident caused them. This can add to the overall length of your case, especially if your attorney cannot persuade them to agree on the amount you are owed.
How Can I Calculate a Slip and Fall Settlement?
In general, slip-and-fall settlement amounts are based on the extent of your financial losses. This includes economic damages, such as the cost of medical care and future treatment, and non-economic damages, such as pain and suffering. Your lawyer will calculate your financial losses by analyzing your current and future expenses, including doctor’s appointments, prescription medicine, therapy sessions, and any bills for medical devices like wheelchairs. It is also important to consider the impact your injuries have had on your ability to work and how much you’ve lost in wages due to missing work.
Your attorney will also determine the value of any future loss of income, which they can verify using pay stubs or other financial documents. Finally, your lawyer will factor in any non-economic damages you may be entitled to, such as emotional distress and a decreased quality of life.
Property owners can defend these claims by arguing that they did not have enough notice of the unsafe condition and that their role in causing their injury (under contributory negligence rules, which only exist in a small minority of states) bars them from recovering any compensation. However, you can combat these defenses by working with a personal injury attorney who understands the nuances of premises liability law and can help you prove negligence. They can also evaluate whether you are entitled to punitive damages meant to punish the defendant for particularly egregious behavior.
