How Much Is Your Slip and Fall Case Worth? Understanding Compensation
A slip-and-fall accident can occur when it is least expected. Perhaps while shopping in a store, a person may slip and fall on a recently mopped wet floor. Or, while stopping at a gas station, a slip-and-fall accident may occur from uneven or cracked pavement.
In addition to feeling embarrassed, a slip-and-fall victim may have suffered a serious injury. In fact, there are over 800,000 hospitalizations every year for fall injuries. When the accident occurs on someone else’s property, then the victim may have the legal right to file a slip and fall lawsuit.
If you or your loved one has recently suffered a slip-and-fall accident, you may be facing physical pain, mounting medical bills, and an inability to return to work. As a result, you may naturally be wondering how you can initiate a slip-and-fall case to seek a fair settlement for your losses.
Premises Liability Law
Premises liability law obligates property owners to keep their land and buildings free of any hazards that could injure a visitor. If attending to a hazard immediately is not possible, then the owner must warn any visitors of the danger.
This law applies to all types of commercial and residential properties. Therefore, a slip and fall case could arise in any of the following places:
- Grocery stores
- Shopping malls
- Business offices
- Hotels
- Restaurants
- Hospitals
- Parking lots
- Sidewalks
- Homes of friends or relatives
Proving Negligence in a Slip and Fall Case
While it is true that a slip-and-fall may occur anywhere, if it happens on someone else’s property, then the victim may seek a settlement. However, it must first be proven that the owner of the property was negligent. This means that the owner failed to tend to a hazard or failed to warn visitors.
In order to prove the property owner acted negligently in some way, the victim of the slip and fall case would need to gather evidence. There are several sources from which evidence may be obtained.
Some of the essential evidence elements include the following:
- Photos and videos: Using a phone to take photos and videos of the area can prove that a hazard existed at the time. Such photos and videos can also be used to highlight the extent of injuries that the victim suffered from the fall.
- Eye witness statements: An eyewitness of the slip-and-fall incident can write or record what he or she saw regarding the incident. Having the testimonies of multiple witnesses can provide details from various angles.
- Surveillance camera footage: Most commercial properties typically have surveillance cameras. If a premises does have cameras, it’s quite possible that the accident was recorded as it occurred. Such surveillance footage can be used to dispute any claim that the victim was reckless.
- Medical records: The severity of injuries and damages that the victim suffered can be proven by obtaining medical records and bills. This would also include bills for prescription medications and therapy.
- Personal journal: It is always a good idea for the slip and fall victim to write down his or her journey through the healing process. The victim’s journal can be used to establish emotional distress and pain and suffering.
- Expert testimony: Specialists in various fields of study may testify to the potential danger of a hazardous condition on the premises. For example, a human factors expert can testify how a person may typically react in a certain situation.
This list highlights how extensive evidence would need to be gathered first in order to hold an owner liable for damages. Having the assistance of a personal injury lawyer, who would be familiar with slip and fall cases, is vital.
Compensation Slip-and-Fall Accident Victims May Be Entitled to Receive
In slip-and-fall accident cases, the type of compensation a victim may receive for his or her losses would be monetary. The law divides compensation for damages into two categories: economic and non-economic. Some common types of economic damages include the following.
Medical expenses
Treating injuries caused by a slip-and-fall incident can be very costly. As such, medical expenses would be included in compensation. The victim may have medical bills for ambulance transportation, treatment in the emergency room, any lab work and surgeries, and even prescription medicines.
Medical expenses would also include any future medical needs, such as physical therapy. Also included are costs for wheelchairs, crutches, and even treatment for emotional injuries such as anxiety and depression.
Lost income
If a slip-and-fall incident results in the person losing days or months of work, then he or she would need to be compensated for lost wages. This would also include lost pay for overtime that may have been worked.
Additionally, earning capacity is also considered. Damages could thus include future income that could have been earned had the victim not suffered an injury. If the person has to accept a lower-paying job or work less due to being disabled from the injury, then the difference in income would need to be compensated.
Household renovation and services
If the victim suffers severe injuries, adjustments to his or her home may need to be made. Ramps and handrails being installed, cabinets being lowered, and bathrooms being modified are some of the adjustments that may need to be made.
Also, if the victim can no longer perform simple household duties such as cleaning and cooking, then a worker may need to be hired. If so, the cost of such assistance would be part of economic compensation.
Incidental expenses
Unexpected out-of-pocket costs for the treatment of the slip and fall injury would also need to be reimbursed. These expenses would include costs and parking fees for travel to and from medical appointments.
While economic damages refer to losses with a specific dollar amount, non-economic damages refer to losses that are intangible. The most common non-economic losses in slip and fall cases include the following.
Pain and suffering
The physical pain the slip and fall victim suffers immediately in the aftermath of the fall and while undergoing treatment would be part of the pain and suffering damages. Added to this would be any emotional distress suffered by the victim.
Loss of life’s enjoyment
Some injuries from slip-and-fall accidents can be life-changing. Injuries to a victim’s knees or hips can rob him or her from enjoying activities that were enjoyed prior to the accident. Such activities may include bicycle riding, running, and jogging.
Loss of consortium
A slip-and-fall accident may permanently impact the entire family. If the victim has children, he or she may feel the loss of not being able to enjoy activities with the injured parent. If the victim is married, the spouse may feel anger and frustration if the resulting injuries have affected sexual intimacy.
Punitive damages
If the slip and fall case arose due to some type of gross negligence on the part of the property owner, then a judge or jury may award the victim punitive damages. The purpose of punitive damages is to punish the responsible party, whereas compensatory damages are to restore what was lost.
The list of these economic and non-economic damages is not comprehensive. There are other types of damages that may be sought in slip and fall cases, such as for disfigurement. This is why having an experienced personal injury attorney is the best way to go.
Do Not Delay in Contacting Our Personal Injury Lawyers
If you or your loved one is suffering due to injuries from a slip-and-fall accident, remember that you have a legal right to pursue a fair settlement. It’s simply not fair for you to pay for your own medical care and recovery for someone else’s negligence. However, getting a fair settlement is not always easy in a slip-and-fall case.
The owner of the property may claim that he or she did not know of the hazard or that you were being reckless and caused the slip-and-fall incident to occur. Further, it is quite possible that the owner will hire a lawyer who has experience with personal injury claims.
These are just a few reasons why you would need the assistance of the personal injury attorneys of Harker Injury Law for a slip and fall case. Talking with a personal injury attorney after you have suffered a fall would be in your best interests, even if you may be feeling fine. Sometimes, injuries may take weeks or months to show.
Our compassionate personal injury lawyers can handle the legal process and settlement negotiations to get you a fair compensation amount while you just focus on healing. Contact us to schedule a free consultation to discuss your slip and fall case.
