When you suffer a slip and fall accident on a property or business, it is possible to file a lawsuit to receive appropriate financial compensation. This will allow you to cover all the costs caused by the blow, which can be very considerable, depending on the seriousness of the case. Lawsuit against the owner or manager of the property can be useful but how much is the average slip and fall settlement? This and other issues will be considered below.
If an owner or manager does not perform the necessary tasks to keep the place in good condition, accidents can happen. Slip and fall injuries are very common, especially in situations where all necessary precautionary measures have not been taken. Despite being frequent, they can also be the most serious accidents, since it is difficult to calculate the consequences in advance. In a case like this, it is necessary to prove the responsibility or negligence of the owner of the place to be able to carry out the claim in question.
How to find out how much the average slip and fall settlement is
Reaching a slip and fall settlement requires at least two issues. First, determine the level of responsibility of the parties. This means both the negligence or inability of the owner of the establishment, as well as the carelessness or misuse that the injured party may have made. Of course, the responsibilities may be shared and both parties may be partially to blame for the act.
Second, you need to do an estimate of how much the case is worth. That’s why knowing how much the average slip and fall settlement is is relative, as there is no one amount that is right for all incidents. Each case has its particularities, and the seriousness of the amounts in question can vary greatly. The amount of money an insurance company can offer the victim will vary based on multiple factors. For his part, the injured party can also claim a higher compensation payment. Generally, the final amount of the agreement will depend on the negotiation carried out by both parties.
Factors that influence how much the average slip and fall settlement is
The first factor to consider in calculating the recovery amount has to do with the total medical expenses. Every necessary medical treatment that has arisen as a result of the accident will be added to the list for compensation. This includes both money out of your own pocket and what your personal health insurance has paid. Possible future expenses will also be taken into account, such as surgeries, therapies or even medication that you must take temporarily or permanently. The total value of the medical expenses is the starting point to start calculating, so it is the minimum amount that you should receive in compensation.
Continuing with how much the average slip and fall settlement is, this amount is also added to what is known as damage and suffering. This number is difficult to calculate, since it does not have objective variables such as medical bills. It is an approximation of the damage suffered that arises from the seriousness of the case and previous experiences with similar cases. All this will work as a multiplier of the medical value obtained before. Also, an injury that may have permanent damage or disfigurement will have much more damage and suffering than one that is less lasting. Injuries that cause permanent disabilities have a much higher multiplier than those that recover in a relatively short time.
To all this, it is necessary to add the value of lost wages. Due to the injury, it is very likely that you will not be able to return to work or productive activity for some time. Consequently, you have the right to claim this amount within the total compensation. For that, it is necessary to show proof from your employer that includes the lost amounts. If you are self-employed, a sample billing may be used to show the income that has been lost or will be lost during recovery.
In the most severe cases, the accident may permanently limit your ability to work. You may be unable to return to work at all or have to work part-time, or you may have to take a lower-paying job because of loss of skills or mobility. At this point, the compensation may include a series of training or education by the defendant, so that he can have new tools for insertion in the labor market.
When calculating how much the average slip and fall settlement is, one detail that is often overlooked in advance is the victim’s own liability. It is quite likely that the insurer will try to hold the injured party responsible for the accident. Even if dangerous conditions are proven, a certain percentage of responsibility may fall on this person, either due to distraction or misuse of the facilities. As an example, if you are found to be 30% at fault, and the award is $100,000, you will only be paid for the remaining 70%. That is, you will receive $70,000 in compensation.
Finally, the type of negligence incurred by the owner also plays a role. The more time that has passed without repair since the hazardous condition was generated, the greater the neglect. The same happens the more obvious it is, compared to other less detectable dangers. All these factors influence as aggravating the case.
The best strategy for filing a slip and fall claim
Beyond knowing how much the average slip and fall settlement is, it is important to consider that compensation can only be collected if the negotiation or lawsuit is successful. In other words, it is not enough to know the amount of the recomposition, you also have to present a solid case. That is where legal representation has an outstanding value. An experienced and trained attorney like Mario Serralta will ensure the best representation in your case. You can rest assured that your interests will be defended by the best professional.
In addition to achieving a successful negotiation, a trusted Miami slip and fall lawyer like Mario will also influence how much the average slip and fall settlement is. When negotiating, you have to deal with insurers and lawyers who will not let anything go unnoticed. Therefore, having your own representation of the highest quality will also allow you to increase the amount you will receive as compensation for your fall or slip. Do not hesitate to contact us to make an appointment and start treating your case immediately.