If you’ve been injured in an accident, especially if it wasn’t your fault, a slip-and-fall lawyer can win a substantial settlement. Most slip-and-fall cases are worth tens of thousands of dollars. However, cases involving severe injuries can settle in the millions. How much compensation your slip-and-fall attorney can win depends on many factors.
Slip and fall injuries are associated with various physical, mental, and financial impacts. Settlement amounts depend on individual circumstances. Your slip-and-fall lawyer can estimate how much your case is worth. However, you won’t know exactly what you’ll get until a settlement figure is agreed upon.
Do I Have a Slip-and-Fall Case?
Slip-and-fall cases fall under premises liability law. They can involve slipping on a wet floor, tripping on a broken sidewalk, or falling down stairs due to poor lighting. Broken steps, loose flooring, misplaced equipment, and liquid spills can also contribute to slip-and-fall accidents. Such incidents can occur at a:
- Store
- Restaurant
- Construction site
- Nursing home
- Sports stadium
- Government building
- Gas station
- Any public or private property
Don’t Go By Averages
If anyone gives you an average figure, listen to your attorney’s advice instead. No two slip-and-fall cases are the same. Various factors can determine settlement amounts, which we’ll explain soon.
California imposes no limit on the amount you can receive in non-economic damages. Pain-and-suffering settlements are determined based on the impact of an injury on your life. A medical malpractice case is the only exception, in which non-economic damages cannot exceed $250,000.
Comparative Negligence Can Help Value Your Compensation
California’s comparative negligence law allows your financial recovery to be reduced in proportion to your level of fault. The settlement amount can be decreased if you weren’t wearing appropriate safety gear in a known hazardous area, or weren’t paying attention to obvious risks. Comparative negligence is expressed as a percentage. If you’re found to be 20% at fault for the accident, an insurance adjuster can reduce the company’s payout by 20%. A skilled attorney can ensure your claim is fairly evaluated and paid.
How Settlement Compensation Amounts Are Determined
Before a slip-and-fall lawyer can obtain a settlement, they must file a lawsuit within two years of the date of the accident. The defendant can’t be liable for damages if the suit is filed past the date set by the statute of limitations, with few exceptions.
Your attorney must then prove there was a dangerous condition on the property. Aside from proving there was an unreasonable risk, the owner must have known or should have known about it, and neglected to repair the issue, prevent an accident, or provide a warning. If the property owner is liable, your lawyer can proceed with negotiating a settlement amount, which considers the following:
- The Nature and Severity of Your Injury: How much compensation your slip-and-fall lawyer asks for is largely determined by how severe your injury is. Generally, more severe injuries have more significant impacts on your life. Therefore, you can receive higher compensation for economic damages.
- Past and Future Medical Costs: Your attorney will add up how much you’ve already paid in medical expenses. Medical costs can include ambulance transport, emergency care, diagnostic imaging, surgery, medications, and specialist visits. Severe injuries can require a lifetime of medical care, so the associated financial impact will be considered.
- Lost Wages and Benefits: If an injury leaves you unable to work temporarily or permanently, your lawyer will negotiate a settlement amount that accounts for lost income and benefits. This amount depends on your salary and how long you can’t work, whether it’s days, months, or years.
- Impact on Your Life: If you can no longer enjoy your previous quality of life due to the accident, a settlement can compensate for pain and suffering. After a slip-and-fall accident, the pain and physical/mental/emotional limitations can last a lifetime.
- Who Was at Fault: Your legal representative will work to prove the other party was wholly or mostly at fault. This isn’t always easy. They must demonstrate the other party’s fault to minimize the blame that can be placed on you, limiting any reductions to your settlement.
What Can I Do to Maximize Slip-and-Fall Compensation?
Seeking medical attention immediately after the accident can help maximize your compensation. The symptoms of some injuries don’t manifest for days or weeks. With the proper medical records, your slip-and-fall lawyer has the evidence to back your claim. Following your doctor’s recommendations can also strengthen your case.
It’s also important to report the accident immediately to the property owner or manager. If a written report is required, don’t skip this step, and keep a copy for your records. Also, gather photos, videos, clothing worn during the accident, witness statements, and other evidence. Document accident-related costs, including medical bills, repair receipts, and lost wages.
Call The Law Offices of Jacob Emrani
When you need a premises liability lawyer in Los Angeles, you can count on our team to fight for maximum compensation in your slip-and-fall case. Our experienced slip-and-fall lawyers have won millions of dollars for clients. Insurance companies will do anything to pin the blame on you and reduce your settlement. We gather and present the evidence and negotiate on your behalf to get what you deserve. Call (888) 952-2952 for your free consultation.