How Are Settlements for Slip and Fall Cases Determined?
When you’re hurt in a slip and fall accident, your life is interrupted. Not only are you hurting from your injuries, but you may have growing medical bills. If you can’t work, you have no way to pay your bills and take care of your family. All of this can leave you wondering what you can recover in a slip and fall claim. You might wonder how to determine the approximate settlement value for your slip and fall case.
Determining a slip and fall settlement depends on the facts that are present in an individual case and how they apply to the law that’s used in the case. A settlement for a slip and fall accident is proportional to the seriousness of the harm that results. Here’s what you need to know about how settlements are determined from our Denver slip and fall attorneys.
How Are Slip and Fall Settlements Determined?
Slip and fall settlements are determined by negotiating the amount that the responsible party is willing to pay and what the victim is willing to accept. A slip and fall settlement is determined by evaluating the likely result in the case if it were to go to trial in front of a jury. When both parties have an approximate idea of the value of the case, they see if there is common ground in terms of an agreed-upon resolution.
In general, the greater the harm to the victim, both financially and emotionally, the greater the settlement for a slip and fall case. However, if the case is legally sound, the settlement may be higher than if there are issues that call the defendant’s legal liability into question. How a slip and fall settlement is determined is by valuing the victim’s losses and evaluating the strength of their legal claim.
Settling a Slip and Fall Case
When you’re settling a slip and fall case, it’s up to the parties to negotiate the approximate value of the case and determine a resolution that they both want to accept. There isn’t a judge who tells the parties what they should settle the case for. If the parties want, they can explain the case to a neutral third party to get an opinion about what the settlement should be.
However, it’s not up to a third party to determine the slip and fall settlement amount. Instead, it’s up to the parties to talk about how they’re willing to resolve the case to see if there’s a meeting of the minds.
How to Get a Fair Slip and Fall Settlement
When you want to get a fair slip and fall settlement, you need to carefully prepare your case and prepare for the negotiations process. The other side is more likely to agree to settle the case fairly if they believe that you have a strong case and that you’re willing to take the case to trial if necessary. Even if a step in the case isn’t directly related to settlement negotiations, it’s important to take it seriously. That way, you’re in a strong negotiating position.
To get a favorable slip and fall settlement, you need to ensure that your legal documents are soundly prepared and filled following civil procedure rules in your location. You must carefully build the evidence in your case. It’s critical to anticipate where the other party is going to claim that your case is weak. Then, you can strongly argue your positions to the other side during negotiations.
Slip and fall settlement negotiations are an art; it’s not always in your best interests to show all of your cards about evidence and legal or factual weaknesses that you might have. Effective slip and fall settlement negotiations often require discretion and tact. An experienced slip and fall settlement attorney can help you make the process effective.
Negotiate a Slip and Fall Element Based on the Range of Possible Outcomes
When you go to trial, the jury might award the victim everything that the victim is asking for. On the other hand, they might side with the defendant.
Part of reaching a slip and fall settlement is a compromise based on speculation. Both parties may receive a slightly different outcome through settlement than they might receive at trial. Part of agreeing to a settlement means taking the guesswork and the unpredictability out of going to trial. To have the certainty of knowing the outcome, you may agree on a slightly less favorable outcome than you might receive at trial.
How Are Slip and Fall Settlements Calculated
Slip and fall settlements are calculated based on negotiations between the parties. The parties talk about what they’re willing to agree to settle and resolve the case. A slip and fall settlement calculation isn’t so much a calculation as it is a negotiation. To determine how to approach settlement talks, you need to calculate the approximate valuation of the case. The amount that you calculate may or may not be the amount that you settle your case for.
Slip and Fall Lawsuit Calculation
To determine the amount of your slip and fall settlement, you begin by thinking of all of the ways that you’ve had losses and damages because of the accident. Some of your losses are financial, like medical bills. Any kind of medical bill or expense can count, like the cost of doctor’s appointments and the bill for medical devices like wheelchairs. Don’t overlook expenses like physical therapy, mental health counseling, and the cost of travel to and from appointments. And don’t forget to include lost work in the short term and the long term.
Once you calculate the amount of your financial losses, your slip and fall lawsuit calculation needs to include your pain and suffering. Your pain and suffering amount is proportional to the severity of your injuries. For extreme, long-term injuries, the calculation of your pain and suffering damages can be as high as five times your medical injuries. To use five as a multiplier, the victim typically has very severe injuries or scarring that will impact the rest of their life. In less severe cases, the pain and suffering calculation may be equal to your medical bills. Most pain and suffering calculations are either one or 1.5 times the victim’s medical bills.
How Do You Win a Slip and Fall Settlement?
To win a slip and fall settlement, you need to initiate a legal case. You must have evidence to prove all of the elements in your claim. It’s essential to meticulously follow all of the legal procedures because a small mistake can stand in the way of your recovery.
Once you build strong evidence and your legal claim, being careful to follow legal procedures along the way, you can initiate settlement negotiations with the other party. To win a slip and fall settlement, you must build a strong case that convinces the responsible party to pay you fairly for the accident without having to take your case to trial.
Determining When a Settlement Is in Your Best Interests
There are very good reasons that settling may be in your best interest. You avoid the possibility that the outcome at trial may be much worse than you were expecting. You avoid the cost and expenses of having a trial. Trial costs can easily run in the thousands of dollars because of the costs of hiring expert witnesses and preparing evidence. When you reach a settlement, you avoid these costs.
How an Experienced Slip and Fall Settlement Attorney Can Help
A large part of what your slip and fall attorney helps you with is knowing when to accept a settlement. You need to know if a settlement is in your best interests or not. With a legally trained and experienced attorney, you have the guidance that you need to know when a settlement fairly represents what you deserve in your case. With your attorney, you can have the confidence that your slip and fall settlement is appropriately determined.
Contact Our Denver Slip and Fall Attorneys
Are you wondering how your slip and fall settlement is going to be determined? Do you want to know how to negotiate your slip and fall settlement? Our attorneys can help.
When you work with our team, we help you understand what to expect in the legal process. We answer your questions and work with you to understand the value of your case. Then, we set to work to aggressively pursue full compensation on your behalf. Don’t become a victim twice. Contact our Denver slip and fall attorneys to see how to determine a fair slip and fall settlement in your case.
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No upfront fees, no risk, and no cost to you or your family