These accidents account for about 1 million trips to the emergency room per year, according to the National Floor Safety Institute (NSFI). Based on the average hospital cost of a slip and fall, you might expect to receive $30,000 for your injuries.
But compensation isn’t based solely on medical expenses.
Every slip and fall case is unique, so it’s difficult to provide an average settlement amount. This amount can vary based on many factors, like how the fall occurred and the severity of the injury. A Dallas slip and fall lawyer can give you a more accurate value of your potential settlement amount after reviewing the circumstances around your case.
This article will look at the primary factors considered when calculating the value of a slip and fall settlement and how to successfully prove your case.
The Severity Of Your Injuries
Slip and falls can cause injuries such as a broken hip, sprained ankles, or even brain damage. The amount and severity of these injuries will impact the compensation you receive. For example, a sprained ankle will require less ongoing medical care than a spine injury.
The Amount of Medical Bills
The bills you incur for current and future medical procedures make up a huge determining factor in slip and fall lawsuit settlement amounts. When you suffer from an injury, you can quickly rack up bills from doctor visits and surgeries. If a property owner’s negligence harms you, they might be responsible for covering all of your medical costs.
Lost Wages
Setting up doctor, surgery, and rehabilitation appointments takes time. If your injury causes you to miss work, you can seek to recover these damages as part of your claim.
Pain And Emotional Suffering
Noneconomic damages, like pain, suffering and mental anguish, may also be considered when determining the value of your case. For example, your slip and fall injury could create a lifetime of complications that take a toll on your mental health and affect the quality of your life moving forward. These non-monetary damages are hard to put a price tag on, but they can have a dramatic impact on your well-being.
Building Your Case
The Owner Responsible for the Safety of the Property
How the At-Fault Party Failed to Meet Their Responsibility
Disproving Shared Liability
The property owner will argue that you share some blame for your fall, like ignoring where you were walking. If you contributed to the accident, this might reduce your settlement value.
The Difficulty in Proving Negligence
Like we mentioned above, a successful claim must prove that the defendant owed the plaintiff a standard of safety, that the victim suffered physical injury, and that the defendants’ negligence caused these injuries.
But proving negligence is more challenging than you think. Unlike car accident lawsuits, where liability can be proved using police reports, skid marks, and camera footage, there may not be an abundance of evidentiary resources available with slip and fall cases. Instead, you might have to rely on your first-hand account, which can turn into a “he said, she said” situation.
In addition, you’ll likely have to deal with their insurance adjuster if they have premises liability insurance. Because their job is to save the insurance company money, the adjuster will attempt to poke holes in your story to prove that their client isn’t liable for the damages or try to minimize the extent of their liability.
Maximize Your Claim With a Dallas Slip and Fall Lawyer
Because of the complexity of the law, Texas slip and fall cases can be challenging to win. However, when you partner with an experienced Dallas slip and fall lawyer, you’ll have a better chance of winning compensation for your injuries.
If you’ve suffered from a slip or fall, schedule a free consultation with us today. Our team of personal injury lawyers will help you determine the value of your claim and gather necessary supporting evidence to make sure you get the money — and justice — you deserve.
