The value of your slip and fall case depends on various facts and circumstances. A slip and fall lawyer considers the financial impacts of your injury, plus pain and suffering and other non-economic losses, to determine a settlement amount to ask for. Whether you fall in a store or outside, the aftermath can vary. A minor injury may qualify you to receive a couple thousand dollars, while a high-value case can be worth millions.
Factors a Slip and Fall Attorney Must Consider
Your personal injury attorney fights for your rights and the highest possible settlement amount. To help obtain the financial compensation you deserve, they will consider the following factors:
Cause of the Accident
Slip and fall accidents happen under many circumstances. Evaluating how and where the incident took place helps your lawyer build a strong case. These are the most common reasons slip and fall accidents occur:
- Slippery Surfaces: A wet floor or a recently waxed surface is a slip-and-fall hazard. Warning signs can prevent accidents. Failing to display them can be a liability.
- Uneven Surfaces: Broken concrete, loose floorboards, or a worn-out carpet or rug can cause someone to fall. Business and property owners must maintain surfaces to avoid accidents.
- Inclement Weather: The risk of slip and fall accidents increases in rainy or cold weather. Preventing sidewalks from freezing, placing non-slip mats, and other measures can avoid injuries.
- Obstructions: Misplaced boxes, tools, or electrical cords can cause a person to slip, trip, and fall. Such items can cause hazards anywhere, but often cause falls in storage rooms.
- Lack of Training: If a construction worker or other professional isn’t properly trained, they’re more at risk of a slip and fall accident at work. Falls while operating machinery or lifting heavy items can result in serious or fatal injuries.
Type of Injury
Injuries that result from slip and fall accidents vary in severity and healing time. Minor injuries can heal within days. More severe injuries can take weeks, months, or years to heal or lead to chronic pain and suffering. The nature of the injury determines the type of treatment required and the cost that your slip and fall lawyer includes in your claim. Common injuries from slip and fall accidents include:
- Sprains
- Soft tissue injuries
- Cuts and bruises
- Lacerations
- Nerve damage
- Broken bones
- Dislocations
- Neck injuries
- Herniated discs
- Spinal cord injuries
- Head injuries
- Traumatic brain injuries
Severity of the Injury
The severity and extent of your injuries help determine the amount of compensation you’re eligible for. If you have severe, complex injuries, the cost of medical care and the wages you can lose are higher. Therefore, your case may be worth more. Surgery, while not a requirement for a slip and fall settlement, can increase your case’s value, as your lawyer will factor in the cost of surgical interventions, hospitalization time, and rehabilitation.
Costs of Medical Treatment
Even if your injury doesn’t require surgery, medical care can be quite costly. Your slip and fall lawyer may seek compensation for the following medical costs:
- Ambulance transport
- Emergency department care
- Medical imaging
- Specialist visits
- Rehabilitation
- Physical therapy
- Prescription pain medication
Impact on Your Quality of Life
The same type of injury can impact one person differently than another. For example, if your job requires using your arms for lifting or other activities, an arm injury will have a more significant impact. However, a foot injury may have less value if you sit most of the day.
The compensation your slip-and-fall lawyer seeks may also go beyond your job. They can consider the impact on your daily life. If you can’t engage in the same activities and hobbies as before the accident, loss of enjoyment can factor into non-economic losses.
Whether You’re Partly to Blame for the Accident
California law includes a comparative negligence rule that allows multiple parties to be liable. You can be partly responsible for an accident if you weren’t wearing the proper shoes when the incident occurred or if you ignored warning signs. Using comparative negligence, the defense can assign a percentage of blame to you. Whether you’re found 20% or 50% responsible for the accident, your compensation can be reduced by that percentage.
Lost Wages/Loss of Future Earning Capacity
Injuries from a slip and fall accident can cause you to miss work. If your employer doesn’t pay you for time off, you can recover wages by filing a personal injury claim. Accident settlements can compensate you for past, present, and future losses. Your slip-and-fall attorney will help calculate losses if you’re unable to perform the same duties or return to the same job.
Insurance Coverage
Coverage limits on the defendant’s insurance policy may reduce the amount you can receive. If policy limits don’t cover all your losses, your lawyer can pursue other sources of compensation. They can also negotiate with the insurance company if its initial settlement offers are too low.
Insurance companies use formulas to calculate slip, trip, and fall settlements. They often apply a multiplier from 1.5 to 5 to calculate economic costs, with lower numbers reflecting less severe and faster healing injuries. A multiplier can also be used to calculate non-economic damages, which are added to the economic costs of your claim.
Aside from severity, the selected treatment can help determine an injury claim’s value. Not every doctor may recommend the same care and some treatments cost more than others. Age is another factor. Younger accident victims are often compensated more because the impact of their injury will last longer than for an older individual.
Your lawyer knows all the factors insurance companies consider and can work with adjusters to reach a fair settlement amount.
Wrongful Death
A wrongful death lawsuit is usually filed by a family member of a loved one killed in an accident. Severe injuries can result in immediate death or a victim can survive for a time after a slip and fall. In either case, the decedent’s family can file a claim. They may be compensated for burial costs, medical bills incurred while the victim was still alive, or the loss of the decedent’s income.
Strength of the Evidence
Insurance companies use many tactics to get out of paying more. The stronger the evidence, the harder it is for an insurance adjuster to refute the claim. Therefore, your attorney must help collect and preserve photos and videos from the accident scene, medical bills, repair receipts, witness statements, and other accident-related evidence. In addition, the strength of evidence can be bolstered with the following tips:
- Report the accident to a manager or property owner.
- Make sure a written accident report is filed.
- Keep accurate records of all accident-related expenses.
- Communicate with your attorney regularly and respond to their requests.
- Follow your lawyer’s advice on, for example, communicating with insurance companies.
Frequently Asked Questions
How Long Do I Have to File a Slip and Fall Lawsuit?
You have up to two years from the date of the accident to file a lawsuit. If you weren’t immediately aware of the injury, the statute of limitations begins from the date you discovered it. If you wait until after that timeframe, you may lose eligibility to be compensated.
How Long Does It Take to Settle a Slip and Fall Case?
This depends on the circumstances of your case. If the injury healed relatively quickly, your slip-and-fall attorney can reach a fair settlement in a few months. However, if you require ongoing medical treatment, learning the claim’s full value can take longer. Complex slip and fall cases can take years before a settlement is reached. Defendants and their insurance companies can also delay settlements.
How Do I Report a Slip and Fall Accident?
If the accident happened at work, report it to a manager and follow your employer’s accident reporting policies. If you fell on a business property, contact the owner and have them file a report. Call 911 if you’re badly injured. First responders provide immediate treatment, a record of the accident, and your condition at the scene.
Can Workers’ Compensation Cover a Slip and Fall Claim?
If you were injured at work, your employer’s insurance policy can cover the claim. However, the accident must be reported right away or within the required deadline. Note what caused the fall, where you were hurt, and your symptoms. The more details you provide, the less likely the insurer will claim you weren’t hurt on the job or as badly as you say.
Do I Need a Slip and Fall Lawyer?
If you had just a minor cut or bruise from a fall, you may not need a lawyer. However, an attorney can help get compensation for the cost of an emergency room visit, hospitalization, or long-term medical care. Hire a lawyer if your injuries require extensive treatment, an accident leaves you out of work, or it has caused pain and a decrease in quality of life.
Call Jacob to Speak with a Los Angeles Slip and Fall Attorney
Our personal injury attorneys specialize in slip and fall accident cases. Their legal advice and representation can help strengthen your case and ensure evidence is well-preserved. If you or a loved one has suffered an accident involving broken bones, paralysis, a traumatic brain injury, or other serious injury, we can help get the compensation you deserve. Follow the link for answers to more slip-and-fall questions, or call (888) 952-2952 to receive your free consultation.