Slip and fall injuries, as the name suggests, result from slipping, tripping, or falling due to unsafe property conditions such as slippery surfaces and defective stairs.
According to the National Floor Safety Institute, these accidents result in approximately 1 million visits to the emergency department each year. You might receive $30,000 for your injuries based on the average cost of a slip-and-fall at a hospital.
However, compensation is not based only on medical expenses.
Each slip and fall case will be unique, so giving an average settlement amount is problematic. The amount you receive will depend on several factors, such as the circumstances of your fall and the severity or extent of your injury. After reviewing your case, a Houston slip and fall lawyer can give you an accurate estimate of the potential settlement amount.
This article will discuss the main factors when calculating the settlement value for a slip-and-fall case and how to prove your case.
How severe are your injuries?
Slips and falls can lead to injuries like a broken hip, sprained ankles, or brain damage. Compensation will be affected by the severity and amount of your injuries. A sprained ankle, for example, will not require ongoing medical attention as a spine injury.
The amount of medical bills
In slip and fall lawsuit settlements, the amount of medical bills you pay for future and current procedures is a significant determinant. You can quickly accumulate bills for doctor visits and other procedures if you sustain an injury. You might be liable for all medical expenses if a property owner is negligent.
It takes time to set up appointments for the doctor, surgery, or rehabilitation. You can also seek damages if your injury results in your inability to work.
Emotional and physical suffering
When determining the value and viability of your case, noneconomic damages such as pain, suffering, or mental anguish may also be considered. Your slip and fall injuries could cause a lifetime of problems that can negatively impact your mental health and even affect your ability to live a happy life. Although these non-monetary damages can be challenging to quantify, they can profoundly impact your health.
Building your Case
Slip and fall claims are filed to seek compensation for the other party’s negligence in preventing hazards from their property. Three things are required to reach a slip and fall settlement.
The Property’s Safety is the responsibility of the Owner
First, establish who owns the property and provide a level of safety. Publicly accessible property means everyone who enters or exits the property should be safe, from customers and employees to vendors and solicitors. Premises liability law provides limited protection for trespassers.
How the At-Fault Party failed to meet their responsibility
It is the owner’s responsibility to correct any unsafe conditions that are discovered or suspected immediately. You must show how the negligent party caused your injuries by failing to clean up a spillage or repairing a broken sidewalk.
Proving Shared Liability
Property owners will argue that you are partly to blame for your fall. For example, ignoring the path, you were following. Your settlement value might be reduced if you are found to have contributed to the accident.
The difficulty in proving Negligence
As we have already mentioned, a successful lawsuit must show that the plaintiff owed the defendant a standard for safety and that the victim sustained physical injury. The defendant’s negligence caused these injuries.
It is not as easy as you might think to prove negligence. Slip and fall cases are not as quickly proven as car accident lawsuits. Instead of using skid marks, police reports, and video footage to prove liability, slip and fall cases may require more evidence. You might need to rely on your firsthand account. This can lead to a “he said she said” situation.
If they have premises liability insurance, you will likely need to deal with their adjuster. The adjuster’s job is to make the insurance company save money. They will try to find holes in your story and prove their client isn’t responsible for any damages.
A Dallas Slip and Fall Lawyer can help you maximize your claim
Due to the law’s complexity, slip and fall cases in Texas can be challenging to win. You are more likely to receive compensation for your injuries if you work with an experienced Houston slip-and-fall lawyer.
Get a free consultation with our team if you have been injured in a slip and fall accident. Our personal injury lawyers can help you assess the value of your case and gather the necessary evidence to ensure you receive the money and justice you deserve.