Slip and fall accidents fall under the category of premises liability lawsuits, which a skilled slip and fall accident lawyer can use to help victims obtain various forms of compensation. Many clients wish to know what types of compensation are recoverable after a slip and fall accident, but there is no definitive answer. There are various forms depending on your case.
In this article, we answer some commonly asked questions regarding slip and fall settlements, such as what factors impact them, the types of compensation you can receive, and how to get the most money from your claim.
Which Slip and Fall Injuries are Worth the Most?
There is no preset value to how much a broken bone is worth in a settlement or how much a traumatic brain injury settlement pays. For an injury obtained in a slip and fall, the injuries that impact your life the most pay higher settlement amounts. The type of compensation that you receive for your slip and fall injuries aligns with the type of injuries you suffer from.
For instance, if you slip and break your fall with your arms and fracture your wrist, your settlement would be less than a payout from a fall that resulted in a broken hip. When an injury is severe, takes longer to heal, or may result in lifelong pain or mobility restrictions, the awarded amount tends to be higher in value.
The following injuries have won higher slip and fall compensation packages:
- Severe head trauma
- Broken bones ( such as hip, leg, or spine)
- Spinal cord damage
- Internal bleeding or organ damage
- Permanent disfugurement
If the injury sustained requires multiple surgeries or long-term care, it will likely be evaluated for the highest-paying settlement. A slip and fall attorney may compare your case to other precedent cases to determine a ballpark figure if the circumstances are similar.
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If I Contributed to My Slip and Fall Accident, Can I Still Get a Settlement?
You might still be able to win a settlement if you contributed to your slip and fall accident, but the amount you receive may be lessened depending on how negligent you were. Comparative negligence is a legal principle that reduces the amount of compensation you can receive based on the degree of your responsibility.
For instance, your settlement sum would be halved if it was found that you were 50% to blame for the mishap. But if it is determined that you shared more than 50% of the blame, you may not be eligible for any compensation at all.
It is significant to note that each state has its own laws addressing comparative negligence. To further understand your legal rights and alternatives, it is advised that you consult with a personal injury lawyer. The degree of your own negligence can be assessed with the assistance of a knowledgeable attorney, who can also help you negotiate fair and just compensation.
What is the Average Amount Awarded for a Slip and Fall Settlement?
You could be awarded $10,000, $45,000, or over six figures for your slip and fall accident. Unfortunately, there is no predetermined amount for certain slip and fall claims. You may receive compensation based on these types of factors in your slip and fall settlement:
- Fault: As discussed previously, if you share fault for a slip and fall accident and are in a state that implements comparative negligence, then your award will be reduced. States that enact contributory negligence may prevent you from collecting compensation.
- The extent of your injuries: How badly the injury affects your ability to do daily tasks or if it is so severe that the effects of the injury are indefinite ultimately plays one of the biggest roles in compensation determination.
- Medical bills: At the bare minimum, your hospital bills, prescription costs, medical devices, home or car modifications, doctor co-pays, and other health care expenses should be covered or reimbursed by your slip and fall settlement.
- Insurance coverage limit: The at-fault party’s policy limits affect how much compensation you can receive for your slip and fall accident claim. If their policy limits are low and you are unable to be compensated fairly, you can file a lawsuit to recover damages.
- Lost income: This consists of current income, like missing work due to being bedridden, as well as future potential wages. If you become paralyzed or disabled, we hire vocational experts to calculate how much income you would miss out on due to your injury.
- Pain and suffering: In some instances, pain and suffering can compensate for physical pain, emotional anguish, diminished enjoyment of life, and loss of consortium.
- Punitive damages: In addition to these other compensatory damages, punitive damages are intended to teach the at-fault party a lesson for their conduct and set a precedent. This type of compensation is not always recoverable in each state, and some states limit how much you can recover.
How Can I Negotiate a Larger Settlement Offer for My Slip and Fall With the Insurance Company?
You can take a number of steps to increase the forms of compensation that can be recovered in a slip and fall settlement offer. If you are talking with an insurance company over a settlement offer for your slip and fall injury, here are a few suggestions:
- Compile and arrange all evidence connected to your slip and fall accident, such as witness statements, medical records, photos of the accident scene, and other pertinent papers. This will support your claim and demonstrate to the insurance provider the full degree of your damages and injuries.
- Understand the merits of your claim: Include any medical costs, lost wages, pain and suffering, and other damages. Research the possible value of your claim.
- Make a compelling case: Present your case to the insurance provider clearly and succinctly, explaining the specifics of your slip and fall incident, the severity of your injuries, and the losses you have incurred. Any compelling evidence that you have gathered should be highlighted.
- Find an experienced premises liability trial lawyer: Slip and fall injury lawyers can negotiate with the insurance provider on your behalf and obtain a larger settlement offer, so it is wise to think about hiring one. They can also help you overcome any legal challenges and offer advice on the negotiation process.
- Be flexible and eager to bargain: Being flexible and open to bargaining during the settlement process is crucial. This could entail presenting counterproposals or adding more proof to back up your point.
- Stay patient and persistent: Always keep in mind that negotiations can be drawn out and may involve several rounds of offers and counteroffers. Maintain your tenacity and refuse any settlement offers that underpay you for your damages and injuries.
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Can I Sue Multiple People for a Slip and Fall Injury?
Yes, you can receive multiple compensation packages for your slip and fall injuries. This type of compensation is possible by filing a slip and fall lawsuit against each responsible party.
You could be entitled to file a negligence claim against both the building owner and the store owner if you slipped and fell in a store due to a leaking roof. You may also be entitled to sue both the property owner and the city or municipality in charge of maintaining the pavement if you slip and fall on a sidewalk in front of a building.
You should speak with a local slip and fall accident lawyer who can assess your case and give you legal advice if you’re considering suing numerous parties for a slip and fall injury. You can navigate the legal system with the support that will seek to maximize your potential reward.