Slip and fall accidents are one of the leading preventable injuries in California and the country. A slip and fall injury may have a serious impact on your life. It may cause significant complications that could be costly in terms of treatment, loss of income, and pain.
There is no specific figure that every victim of a slip and fall accident should be paid. Every settlement depends on the circumstances of the case, and no two cases are alike. Your attorney will help determine the right amount of compensation by pinpointing the injury suffered and other costs you may have incurred as a result of the accident.
When you have an accident, you will be dealing with the company that insured the property where you fell. Most businesses and property owners insure their property against injuries on their premises. Therefore, while the business you visited is responsible for the accident, you will be dealing with their insurer instead.
Insurance companies are profit-motivated entities. They scrutinize every piece of evidence you present to them to reduce the amount they would pay or look for opportunities to deny the claim.
Factors That Influence Slip and Fall Settlement Amounts in California
Here are some factors that will determine the slip and fall settlement:
The severity of the injury
How serious the injury becomes the first aspect that will be analyzed when determining the amount you will be paid for the slip and fall. The more severe the accident, the more severe the impact it may have on your financial and physical life. This would imply that you would be entitled to substantial compensation.
You will require a certified doctor to ascertain the extent of your injuries. Some of the injuries, especially to the back of the head and neck, are not so obvious but may have a lasting impact on the quality of your life.
The amount you pay for medical care after the slip and fall accident will play a role in determining the amount you will get paid at the end of the case. The party responsible for the accident will be made to pay for the medical costs.
It is important to determine if there will be future medical costs for the same injury. In severe cases, the victim of a slip and fall accident may have to be rehabilitated or spend a lifetime under medical care. The settlement should include these costs.
The impact injuries have on quality of life
Slip and fall accidents may be severe and can limit your ability to enjoy your life or complete the tasks you once did. Besides, it is important to check how it would affect the quality of life in the future and the assistance that you may need to get on with your personal life, for example, moving around with a wheelchair. This impact should be ascertained in monetary terms and considered when making the final settlement.
The impact on your earnings
If the accident has affected your ability to work, this will be considered when reaching out for payment. Your lawyer will help check the amount you lost from the time you got injured and how the injury will lower your potential earnings.
Types of Damages Sought in a Slip and Fall Accident
There are two types of damages in slip and fall cases: economic and non-economic.
These are the damages you directly incurred due to the accident. It also includes the amounts you did not make due to the injuries. When determining the economic damage, you will have to present objective evidence, such as proof of income and medical bills.
These are the psychological and emotional effects of the accident on your life. Non-economic damages are more subjective as their extent is measured by their impact on the victim’s life. Here, the lawyer has to determine how to show the exact monetary value of the pain and suffering that the client was subjected to by the accident.
The Party at Fault
In determining the amount you are entitled to in compensation, both parties will look at which party was at fault. Each side will be looking to show that they were not to blame or that the other party also contributed to the accident. If you are partly to blame for the accident (such as stepping into a restricted zone or failing to follow instructions), your settlement will be reduced. Consult with an attorney who can assist you in reducing your liability for the slip and fall accident.
How to Go About a Slip and Fall Compensation Procedure
Soon after the accident, report the matter to the property manager or the business owner. They may ask you to complete a report on the same. Ask for a copy of the report that you wrote.
Contact your lawyer as soon as you make the report. You are able to recall most of the details when they are fresh in your mind. You may take images of the location of the accident to highlight hazards like wet floors, spilled liquids, or lack of signs, which may help build your case.
Then, seek medical attention as soon as possible. Some injuries may not be apparent at the time of the accident. Most injuries to the back of the head, neck, and shoulders manifest days after the accident. Therefore, it is good to have a check-up even if you are not in pain.
When you meet with your doctor, have every diagnosis well documented and all receipts filed accordingly. Your lawyer will use the information to build your case. Follow the doctor’s instructions and take the medication as directed. Failure to do so may harm your case.
Pursue a Slip and Fall Settlement With the Help of The JLF Firm
If you have suffered from a slip and fall accident in California, contact The JLF Firm. Our experienced lawyers have the knowledge to navigate various issues that surround your case and maximize the settlement amount. Contact us today, and let’s begin seeking fair compensation for you.
Slip and Fall Settlement FAQs
How much am I entitled to from a fall accident?
The amount you are entitled to varies according to the specific factors that contributed to the accident. Talk to a lawyer to help bring the factors to light.
Can I sue for damages without a lawyer?
Yes, you can. However, you may not maximize your settlement amount. Insurance firms will hire attorneys to lower or deny your claim. You need an experienced attorney to counter the move and protect your rights.