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Premises liability cases often involve various types of accidents, including slip-and-fall incidents. Owners and occupiers of land have a duty to protect visitors and residents from unreasonably dangerous conditions. Many individuals who suffer injuries during premises liability accidents do not fall to the ground. Injuries may be caused by inadequate facilities, objects left on walkways, and wet substances on floors.
If you have suffered injuries during a slip-and-fall accident, contact a personal injury law firm to understand your legal rights. Call us at (888) 488-1391 to schedule a free initial consultation. We can discuss the facts of your case and explore the options available to you.
Slip-and-fall accidents often result in injuries every year in the United States. While outcomes vary widely, reviewing common factors that influence settlement evaluations may provide helpful context when assessing your own situation.
Our slip-and-fall accident attorneys have years of experience representing injured victims in a wide range of personal injury cases. We are committed to advocating for their rights and representing their interests, whether in or out of court.
Slip-and-Fall Accident Claim: Pain & Suffering
Non-economic damages can be challenging to calculate because no two individuals experience the same outcome. Pain and suffering may be difficult to quantify because every slip-and-fall case is different. An injured victim’s medical records and medical expenses are often used to determine non-economic damages.
Multipliers are often used during slip-and-fall cases. Insurance adjusters and personal injury lawyers may apply a multiplier to the number of medical bills associated with an individual victim’s injuries. The nature and the extent of the injuries will also influence the amount of pain and suffering. For example, amputations and severe lacerations may cause more pain and suffering than minor fractures or contusions.
The multiplier will depend on the nature of the injuries suffered during the slip-and-fall accident. It is important to speak to a slip-and-fall attorney if you want to understand how pain and suffering damages may be relevant to your case. If an injury results in temporary or permanent disabilities, the impact on a person’s daily life can affect how non-economic damages are evaluated.
The multiplier for pain and suffering may be lower if you only slipped on a wet floor and sustained minor wrist sprains, as your injuries did not cause extensive pain or long-term effects. However, if you later develop symptoms related to the slip-and-fall, a slip-and-fall accident lawyer can work with medical professionals to assess any potential future injuries and advise you on your options for seeking financial compensation.
Slip-and-Fall Accidents: Average Settlement Value
Slip-and-fall settlement values vary significantly based on the specific facts and circumstances of each case. Factors such as injury severity, medical expenses, lost wages, and the strength of the evidence all contribute to determining the settlement amount. Cases involving minor injuries that can be treated quickly may result in lower settlements.
On the other hand, if your injuries require multiple surgeries, physical rehabilitation, or ongoing treatments, the settlement amount may be higher to reflect actual losses.
The Average Financial Compensation In Slip-and-Fall Accidents
The monetary compensation you may be able to pursue from a slip-and-fall accident is generally based on your total medical bills and the pain and suffering you endured. Direct expenses related to the accident, such as medical treatment and lost wages, are considered in the calculation of damages. The amount awarded for pain and suffering will typically depend on the nature and extent of your injuries.
Additional types of damages may be available in some cases, depending on the specific circumstances. Also, the strength and amount of evidence you can provide will influence the starting point for settlement negotiations. If you have more documentary evidence of your injuries and how the defendant caused you to suffer injuries, then it may be possible for you to seek more financial compensation.
Settling Your Slip-and-Fall Case Out Of Court
The extent of your injuries, the nature of the accident, and the weight of evidence all influence the settlement in slip-and-fall cases. Before beginning settlement negotiations, a slip-and-fall accident attorney will calculate all of your economic damages, such as medical bills, surgeries, and lost wages due to the time you missed work while you were treating your injuries.
Pain and suffering damages are an important factor in the value of a slip-and-fall accident case. If you suffer injuries that cause you extreme pain and suffering, you may be able to pursue compensation for these damages. While there’s no guarantee of a specific amount, consulting a personal injury lawyer can help you understand the factors that can affect your claim. Contact us to schedule a free initial consultation.
We can review the facts of your case and determine if you require any additional medical treatment. The slip-and-fall lawyers at our California law firm have represented clients throughout the state. We have decades of experience representing injured victims in slip-and-fall accidents and other personal injury cases like car accidents.
Our experienced slip-and-fall accident attorneys can manage communication and negotiations with insurers on your behalf. We will work to develop a strategy tailored to your situation and build a well-supported case. Settlements require an agreement from both parties to resolve the matter without further litigation. Alternatively, cases may be resolved through mediation, arbitration, or trial.
Settlement Negotiations In Slip-and-Fall Accident Cases
Pre-trial procedures occur before the parties engage in formal settlement negotiations. It is possible for some slip-and-fall accident cases to be resolved before a complaint is filed, which initiates a lawsuit. However, many parties must file a complaint before formal settlement negotiations can begin. The defendant will scrutinize evidence, engage in the discovery process, and analyze the facts of the slip-and-fall case. A slip-and-fall accident attorney can help you understand the steps before initiating a civil lawsuit.
The discovery phase of litigation allows both parties to review the evidence possessed by each other. Once the parties gain a more objective perception of the case, settlement negotiations may become more productive and serious. Your slip-and-fall accident attorney does not have to share their legal impressions or conclusions regarding the strengths and weaknesses of the case.
The defense does not have to provide you with their professional impressions or conclusions regarding the case. Yet both parties typically agree to begin settlement negotiations at a reasonable place on the spectrum discussed above.
Settlement Negotiations Concerning Slip-and-Fall Accident Cases
Many causes and conditions can contribute to slip-and-fall accidents. Each party in a civil lawsuit may exchange correspondence while seeking specific compensation. Both parties provide detailed facts of the case in these letters. Relevant laws and issues are discussed in the context of the case facts and the circumstances surrounding the slip-and-fall accident.
Oftentimes, these letters may give rise to informal settlement negotiations. Typically, serious settlement negotiations begin after each side has had an opportunity to review the relevant evidence in the possession of both parties. Informal negotiations may give way to a form of alternative dispute resolution known as mediation. Parties may agree to participate in mediation, or a court may order the parties to participate in mediation proceedings.
Compromise, settlement, and resolution are the goals of mediation proceedings. Many parties do not want to sit down and speak with one another, but a mediator acts as a neutral third party who can consult independently with both parties to facilitate a resolution. These independent consultations may result in the parties agreeing to a mutually agreed-upon settlement.
Lost Earnings And Lost Future Earnings
You may be permitted to pursue a claim for lost earnings as part of your damages. After suffering an injury during a slip-and-fall accident, you may have missed time from work. The lost earnings claim can help you pursue the funds that you lost due to your injuries. However, the process will require you to substantiate your claim for lost earnings by providing wage stubs and payroll documents.
Also, tax returns are acceptable for demonstrating lost earnings and future lost earnings. An employer must substantiate your earnings by producing written evidence of your pay rate, the time you missed from work, and when you returned to work after the slip-and-fall accident. A slip-and-fall accident attorney at our firm can help you gather evidence that may support your case.
In some cases, you may not be physically able to return to your chosen career or profession. Additionally, you may not earn as much as you did in your previous job. However, you may be able to pursue compensation to help cover these losses, including your inability to return to your former profession.
An expert witness may be needed to support your claim as part of your slip-and-fall accident case. A medical provider serving as a witness can examine your injuries and provide an assessment. If you are unable to perform your former job duties, our attorneys can help you understand the types of compensation that may be available for lost future earnings in your situation.
Incidental Damages
Injuries often result in expenses that accumulate during the recovery process following a slip-and-fall accident. An injured victim may have to spend money driving to chiropractic treatment sessions every week. These damages are termed incidental damages. Contact a slip-and-fall accident attorney at our firm to understand the process of pursuing compensation for incidental damages in addition to the standard damages related to slip-and-fall accident cases. To seek compensation for these losses, the injured victim must show a clear connection between the slip-and-fall accident and the injuries associated with incidental damages.
Slip-and-Fall Accidents: Should I Choose To Settle?
If you retain a slip-and-fall accident attorney, they can provide clear guidance on whether to accept or reject a settlement offer. As the client, you have the final decision on whether or not to settle your personal injury case. If both parties agree to a settlement amount, it may be reasonable to resolve the case without going to trial.
Trials can require significant time and money. Settling your case may save you money and allow you to move forward more quickly, which can be an appealing option if you prefer to avoid the time and effort involved in a trial.
How Can A Slip-and-Fall Accident Lawyer Help You
The following are some of the common ways a slip-and-fall accident attorney can help you seek monetary compensation for your injuries:
- Assist you with pursuing accountability against the at-fault parties.
- Writing and editing settlement agreement documents.
- Offering you legal advice regarding whether you accept a settlement offer or proceed to trial.
- Negotiating with insurance companies and defense counsel on your behalf.
- Forming a well-documented case and personalized strategy.
A slip-and-fall accident attorney at Arash Law will assist you with the legal aspect of your case, such as writing a demand letter and filing your claim within the applicable statute of limitations. Our team will work to help you pursue compensation for your injuries and provide you with focused legal representation throughout the process.
Reach Out To Arash Law To Discuss Your Case
If you want to understand the potential value of your slip-and-fall case, our accident lawyers will investigate your situation to assess the full extent of your damage. You can call us at (888) 488-1391 to schedule a free initial consultation. We understand how intimidating and overwhelming it can be to deal with a slip-and-fall accident case. The California slip and fall accident attorneys at Arash Law are ready to help you file a claim against the responsible parties.
Our injury lawyers serve clients in California, including San Francisco, Riverside, Sacramento, San Jose, Los Angeles, San Diego, Sherman Oaks, and other nearby areas.
