A significant slip and fall injury can impact your life in several ways, including physically, emotionally, and financially. However, if you or a loved one suffered harm due to a property owner’s carelessness, you could be entitled to compensation, such as lost income, medical costs, and more.
Knowing how slip and fall settlements are calculated can be critical for preventing an insurance company or at-fault party from shortchanging you. Working with a slip and fall lawyer to determine your claim’s worth can give you the best chance of recovering what you deserve.
Morgan & Morgan’s experienced and motivated slip and fall attorneys are ready to assess your case, determine the value of your slip and fall claim, and move forward on your behalf. Get started now and contact us for a free case review.
Calculating Slip and Fall Settlements
Slip and fall accidents happen frequently. However, some falls can result in severe injuries and damages for victims and their families. In such cases, it is vital to determine who is at fault and how much compensation you deserve. However, calculating a slip and fall settlement can be challenging and will be based on your claim’s unique factors. Here's what you need to know about calculating slip and fall settlements.
Who Is Liable?
The first step in calculating a settlement is determining who is responsible for your fall and liable for your damages. In a slip and fall, a property owner or lessee could be at-fault if they let a hazardous condition persist on their property, and this hazard caused your fall. However, since several parties could be responsible for your fall, consulting with a slip and fall lawyer can be crucial for determining liability.
Medical Expenses
One of the main factors determining the amount of a slip and fall settlement is the victim's medical expenses, which include all costs associated with treating the fall injuries, such as:
- Hospitalization
- Surgery
- Medication
- Rehabilitation
Your slip and fall lawyer can carefully review your medical bills and records to determine an adequate compensation amount for your accident. They will also consider any future medical expenses you are likely to incur.
Lost Wages
If you suffered significant slip and fall injuries, you probably missed work. Any lost wages must be factored into the settlement calculation. Compensation should include all income and benefits the victim lost while recovering from their injuries. Importantly, you may also qualify for estimated future loss of wages if you cannot return to work.
Pain and Suffering
Many slip and fall victims with injuries qualify for awards for pain and suffering to compensate them for the physical and emotional distress due to the slip and fall. Pain and suffering damages can be tricky to calculate and can depend on:
- The severity of the victim’s injuries
- The length of recovery
- The impact of the injuries on the victim's career and home life.
Property Damage
In some slip and fall accidents, the victim's personal property may also be damaged or destroyed. For example, if you slip and fall and damage your phone, watch, or clothes, the cost of replacing or repairing such items should be included in the settlement.
Comparative Negligence
In some states, comparative negligence reduces your slip and fall compensation if you are partially at fault for the accident. The settlement amount is generally reduced by the percentage of fault assigned to the victim. For example, if the court determines you are 20 percent at fault, you would only be able to recover 80 percent of your damages.
Having an experienced slip and fall lawyer by your side can be essential if you have some responsibility for your fall, as the other side may try to assign you a higher degree of fault to avoid a large payout.
Insurance Coverage
Slip and fall settlements can also be affected by the available insurance coverage. For instance, if the property owner or responsible party has liability insurance, the insurance company should cover some or all of the settlement amount. However, if there is insufficient coverage to compensate you, you may have to go after the at-fault party directly and sue them to pursue fair compensation.
Many Factors Determine the Worth of a Settlement
As we have seen, calculating a fair slip and fall settlement requires careful consideration of several factors. If you have been involved in a slip and fall accident, working with an experienced slip and fall lawyer can be essential for receiving adequate compensation. Morgan & Morgan can help you understand your legal rights, calculate the worth of your case, and pursue maximum potential compensation on your behalf.
Compensation for Common Slip and Fall Injuries
The value of your slip and fall settlement primarily depends on the type of injury you suffered in the fall. For example, compensation can vary drastically between those with minor injuries and victims who suffered permanently disabling injuries with a severely detrimental impact on their lives. Common slip and fall injuries include but are not limited to:
- Traumatic brain injury (TBI)
- Hip fractures
- Spinal cord damage
- Herniated discs and other back injuries
- Soft tissue damage, such as tears, sprains, ad strains
According to the Centers for Disease Control and Prevention (CDC), 800,000 individuals are hospitalized annually after severe falls, typically due to hip fractures and head injuries. Significant injuries in slips and falls can result in astronomical current and future medical and rehabilitation costs. If someone else caused your fall, they should pay for your damages. Let Morgan & Morgan’s tenacious slip and fall lawyers help you get justice and compensation.