If you’re contemplating suing a property owner or a business for a slip and fall accident, you’re probably wondering how much money you’ll get because you are counting on that money to catch up on your bills, and soon. It’s common to get behind when you’re out of commission from a slip and fall injury and the hospital bills are piling up. That’s why it’s important to make sure your settlement is enough to cover the full amount of your damages.
To determine how much your settlement will be, there are certain factors that come to play. For a successful outcome, you’ll need to prove:
- That the business should have known about the hazard and removed it
- The business owes a duty of care to you
- That the business was negligent and it caused your injury
- That your injuries and other damages were a direct result of the incident
Let’s look at the damages in a slip and fall injury to understand how much your case may be worth. This is just a very general overview. You can only get an accurate estimate from a personal injury attorney.
After a slip and fall accident, your attorney will want to see documents showing you incurred hospital expenses. These documents will help them determine the amount to claim to cover the past and future treatments like surgeries or therapy connected to the case. What your insurance company paid will also be included in that medical bill.
Be sure to keep a record of any and all medical expenses, including any money you spent on transportation to and from medical appointments. The more you document, the higher your settlement will be.
Pain and Suffering as a Result of a Slip and Fall
It’s hard to put a number on pain and suffering, and these damages are never guaranteed. There’s no bill you can hand anyone for your suffering, so this must be calculated based on the total value of your other damages. This includes any suffering you endure as a result of complications, loss of enjoyment, and physical pain in the future.
If you could not go to work due to the injuries you sustained in a wreck, you should be compensated. This figure will depend on the amount you would have been paid if you were still working. Have supporting documents to show how much money you lost and time. Your injury should also be serious enough for you to have missed work for that period of time.
Reduced Earning Capacity
A slip and fall injury could be severe, leaving you permanently incapacitated or unable to do the kind of work you did before the accident. That said, if the injury makes you work fewer hours, can’t work at all, or be accurate estimate to a lower-paying job, then you’re indeed entitled to compensation.
After establishing the amount you’re worth, ask to be covered so that you can be trained or educated in other fields or get a lump sum to cover for what you will miss.
Extent of Negligence
What made you slip and fall? Negligence happens when a property owner or business fails to live up to the duty of care it owes to those on their property. For example, leaving stair rails broken for more than six months is an indication of negligence. Not fixing a pipe you know is leaking and causing a floor to be slippery is negligence.
You’ll have to be able to prove that anyone else in the same circumstances would have behaved differently. For example, another homeowner would have fixed that loose wooden step before they invited guests over.
Like any other lawsuit, be prepared for the defense to push some blame on you. You must be willing to prove that you’re free of any liability, which makes the defendant 100 percent liable. In case you’re somehow responsible for what caused your slip and fall, then the judge takes that into consideration when deciding on the amount you should receive in some states.
If you’ve been injured, it’s critical to learn your rights as a worker, and it is also recommended to follow these steps. Speak to an attorney to learn more about the liability laws where you live.