If you have been injured in a slip and fall accident due to the negligence of the property owner, you may consider seeking compensation for your losses. While you are considering if this is the right thing to do, you may also be wondering what this type of claim is worth.
The truth is, there is no predetermined value on this type of case. There are many factors that must be considered when trying to determine the value of a case. Once you understand these factors, and know which apply to your case, you can begin to get a picture of what your case may be worth.
Medical Costs Both Current And Future
Your medical bills related to the slip and fall, and any future medical care you may need to treat the injury, will be a majority of the value of your case. The amount necessary to cover medical care will be determined by wither what the standard billing is for these treatments by your medical provider, or the discounted rate by that provider for those services. Which billing method is used will be determined by the rules in your jurisdiction.
Every slip and fall case will make sure that medical expenses are covered. However, depending on your jurisdiction, and the facts of your case, you may also be entitled to receive additional forms of compensation.
Claiming For Pain And Suffering
Pain and suffering is a valid form of compensations in many jurisdictions. However, it is also one of the most unpredictable forms of compensation. There are not any actual guidelines to determine this type of compensation. However, most attorneys agree that the cost of your medical care is a good figure to start with when determining this type of compensation.
The injuries you received will play a large part in determining pain and suffering value. Severity of the injuries and whether or not there will be lasting effects from the injury must be determined. For example, a person who fell down an escalator and broke several bones, including one in their leg that will cause them to limp for the rest of their life, is going to have a much higher value than someone who fell down a short flight of stairs and broke their wrist which healed completely and without issue.
Because some injuries or disabilities from injuries appear after the initial event, many attorneys will also take this into consideration during the negotiations.
You have the right to seek compensation for any wages that you lost due to the injury. Time missed from work for recovery or medical appointments should be covered by the negligent party. You will have to provide proof from your employer that you missed this time and the pay amount that was lost.
Earning Capacity Losses
If your injuries were severe enough to make you unable to perform your job duties, or if you can only work at a different type of job now at lesser pay, you may be entitled to receive compensation for your lost earnings. You will have to be evaluated by a vocational rehabilitation specialist that will be required to provide proof that you are no longer capable of performing your job duties because of your injuries.
If it is established that you are unable to perform your job duties now due to your injuries, the property owner will need to compensate you for these losses. This can take place by either:
- Paying for vocational training so that you can work at a new job that will accommodate your disabilities and provide you with the means to make the same wages that you did before the accident, or
- Paying you a lump sum for your lost earning capacity.
There are some additional expenses that you may incur as an injury victim that you may seek compensation for during your case. Things such as the cost of gas, toll roads, and parking that you had to pay to visit the doctor that the insurer required should be claimed as an incidental expense. Other expenses, such as a dog walking service if you were unable to walk and live in a home that does not have a yard, could be included. However, these expenses must be valid, must have a direct connection to your recovery, and must be related to the accident.
Work With An Experienced Attorney For Best Results
Slip and fall lawsuits are typically complex. If you have been injured in a slip and fall accident due to unsafe property or the negligence of others – contact The Brown Firm PLLC immediately. Our experienced litigators will be able to analyze the details of your situation and craft a legal strategy designed to get you the best results possible for your case. Call our firm or send us a message online to discuss your potential to pursue a lawsuit.