Slip And Fall Settlements: What’s Fair And How To Negotiate For More
(MENAFN)
Slip and fall accidents are surprisingly common, and when they do take place, there are consequences. They could leave you with injuries and alter the course of your life, sometimes worse. For perspective, every year, 700 people lose their lives as a result of falls. It's also said to be the second-leading cause of unintentional injury deaths in the world. [1] [2]
When you've unfortunately been caught up in one such tragedy, slip and fall settlements may be the best way to set things straight.
What Is a Slip and Fall Settlement?
Slip and fall settlement amounts are an agreement that you reach with a property owner or their insurance companies to resolve a personal injury claim on their premise without having to take the case all the way to court. This often happens when a fall results in a severe injury or some type of harm.
Say you're shopping at a grocery store on a rainy day. Somehow, you notice water dripping from a leaking roof near the entrance, but no warning signs or mats are in place to alert you or prevent slipping. As you walk through the area, you slip on the wet floor and fracture your wrist, forcing you to undergo medical treatment.
Surveillance footage shows that the leak was visible for over an hour before the incident. Store employees were also seen walking through the area. They acknowledged the hazard but did not clean it or place warnings. That's enough grounds to file a personal injury lawsuit and claim a slip-and-fall settlement.
Why? The store had actual notice of the dangerous condition, yet did not take any corrective action. As a result, the property owner may be liable to compensate you for verifiable medical expenses, lost wages, pain and suffering, emotional distress, and so on.
Fortunately, a legal expert can help you sue for slip and fall injury or other related cases. The right legal representation will help you determine what settlement amounts are fair for your injuries. If the insurance adjusters offer too little, they'll step in and participate in settlement negotiations, asking for what's more reflective of the situation, all factors considered.
What’s Considered a Fair Slip and Fall Settlement?
It's not easy to settle on a number because slip and fall incidents are all varied. Some of the factors that carry weight, though, include:
- Injury severity – How serious were the injuries, and do they have long-term effects?
- Medical expenses – What are the total costs of treatment, including future medical care?
- Future income loss – Did the injury cause time off work or loss of earning capacity?
- Pain and suffering – How has the injury impacted the victim’s quality of life physically and emotionally?
- Liability clarity – Is it clear that the property owner was at fault, or is liability in dispute?
- Insurance policy limits – What are the maximum settlement amounts the responsible party’s insurance companies will cover?
As studies show, the median award for personal injury cases stood at USD$31,000. This figure can vary depending on the factors above. Your personal injury lawyer will use the other factors here to demand a better settlement for you. [3]
How to Negotiate a Better Slip and Fall Lawsuit Settlement
Here are some strategies that can help strengthen your case and improve the odds of you getting a better settlement from insurance companies:
Document Everything
Take photos of the scene, your injuries, and whatever caused the fall, like a wet floor or broken step. Keep a journal to track your pain, recovery, and how it’s affecting your daily life. Also, keep all your medical records, bills, and receipts.
Don’t Rush Into a Settlement
Wait until you fully understand the extent of your injuries before agreeing to anything. Settling too early might leave you on the hook for future medical costs or long-term effects you didn’t anticipate.
Know What Your Claim Is Worth
Try using the multiplier method: add up your medical bills and lost wages (that’s your economic damages), then multiply that total by 1.5 to 5, depending on how serious your injuries are. For example, USD$20,000 in medical costs plus USD$10,000 in lost income = USD$30,000 x 3 = around USD$90,000 in estimated value.
Push Back If They Blame You
If the other side tries to say you were partly at fault (like not watching where you walked), don’t just accept it. Use facts, witness statements, or photos to challenge their claims. In some states, even partial fault can lower your payout.
Closing Thoughts
A slip and fall accident may set you back, thanks to injuries, pain and suffering, economic damages, and so on. The least you can do in such cases is to sue the premises where the accident took place and fight for a settlement that best reflects the situation.
To make the best of this, consider getting in touch with a personal injury attorney you can trust. The right legal counsel can help you get the best possible compensation for your situation.
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