How Are Settlements for Slip and Fall Cases Determined?
Falls can happen to anyone. Even seemingly minor injuries can prevent the ability to work, cause extensive medical bills, or have other unexpected consequences. If you’ve been the victim of a slip and fall accident, you may be entitled to compensation.
But receiving compensation isn’t always a simple process. You might be wondering how settlements for slip and fall cases are determined? Or how much should I settle for a slip and fall accident? Our Denver slip and fall accident attorneys explain how settlements for slip and fall cases are constructed.
How Do You Determine a Settlement for a Slip and Fall Accident?
Slip and fall claim amounts depend on the severity of the injury along with other aspects that impact the final payment and may include compensation for:
- Medical expenses
- Pain and suffering
- Lost wages
How Much Do You Get for a Slip and Fall?
A slip and fall settlement calculation isn’t so much a calculation as it is a negotiation. This negotiation requires an honest evaluation of each element in the case to create a strong claim. Each claim gets investigated, and a claim is prepared as if it were to go to trial.
The settlement of an accident can vary greatly; the more significant physical injuries generally result in more compensation. If you negotiate a slip and fall settlement with surgery, settlement amounts between $10,000-$50,000 are typical. However, the strength of the evidence is an essential factor, too. Effective slip and fall settlement negotiations require strategy, discretion, and tact.
An experienced slip and fall lawyer can help calculate aspects of a slip and fall case and create solid arguments for negotiations.
What Involved in Negotiating a Slip and Fall Settlement?
In slip and fall cases, settlement amounts are negotiated based on the likely results of the case if it went to court. To make this determination, a personal injury attorney will consider the facts of the incident, the ability to prove negligence, incurred medical bills, and other injury factors. When both parties have an approximate idea of the case’s value, they see if there is common ground for negotiating a settlement.
How Do I Get a Fair Slip and Fall Settlement?
Getting a fair slip and fall settlement begins long before your lawyer speaks to the other party. You can’t settle your case fairly if you haven’t built a strong case. The other side needs to know that you’re willing and able to go to trial if necessary.
Building a solid case involves gathering evidence and taking the proper legal steps to be ready for trial. Then, you can strongly argue your position to the other side during negotiations.
Settling a Slip and Fall Case
When you negotiate a settlement, it’s between the person who slipped and fell and the party at fault for negligence. The judge doesn’t tell the parties what they should settle the case for; amounts are left up to individuals and their lawyers to determine. An essential part of having legal representation is your lawyer negotiating the settlement and recommending whether you should accept an offer.
When Should I Accept a Slip and Fall Settlement?
There are some good reasons that settling may be in your best interest:
- You avoid the possibility that the outcome at trial is worse than you were expecting.
- You avoid the cost and expense of having a trial. Trial costs can quickly run in the thousands of dollars due to hiring lawyers, 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 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 settlement will be determined? Do you want to make sure you get fair compensation? Our attorneys can help.
At Bachus & Schanker, LLC, we’ve collected millions of dollars for slip and fall victims, just like you. Contact us today for a free consultation about your case.
Slip and Fall Settlement FAQs
What Are Some Common Slip and Fall Case Examples?
Neglect from property owners and managers can result in slip and fall cases. Some typical slip and fall cases include:
- Broken/damaged handrails
- Uneven or slippery walking surfaces
- Stray cords or electrical wires
- Icy or snow-covered walkways
- Leaking water
- Failure to post warning of substances on the floor
- Debris on the floor
- Uneven stairs
- Poor lighting
How Much Should I Settle for a Slip and Fall?
You should settle for an amount within the likely outcome of the case going to trial. This amount is different for every case and should be assessed by an experienced personal injury lawyer.
If I Slip and Fall at a Business but Am Not Seriously Injured, May I Be Compensated?
Compensation for a slip and fall generally begins when injuries are severe enough to need medical care. When injuries are not serious enough that you incur financial losses, a legal compensation claim probably isn’t feasible.
Can Tenants Be Sued for Slip and Fall Cases Instead of the Landlord?
A tenant could be sued instead of the landlord if they controlled the property at the time of the accident. The question is which party is at fault for allowing the dangerous condition on the property. The answer depends on who managed the property at the time of the accident.
What Is the Purpose of a Status Hearing in a Slip And Fall?
A status hearing in a slip and fall case is a court hearing. The judge may ask questions to assist with case scheduling and rule on preliminary legal questions. The judge makes sure the case is progressing and handled fairly.
Does Every Slip and Fall Case Go to Trial?
No. Most slip and fall cases don’t go to trial. But reaching a fair settlement doesn’t happen by chance. Preparing the evidence and your legal strategy is key to your success.
How Can Liability Insurance Help With Slip and Fall Compensation?
Property liability insurance can help pay personal injury compensation. It can be a welcome resource to provide compensation for the victim.
Can I File an Insurance Claim Against a Company That Has Filed for Bankruptcy For a Slip and Fall?
When filing a claim against a company in bankruptcy, personal injury lawsuits move to an automatic stay which means any legal process against the bankruptcy filer must stop. Claimants can take no further action until the stay lifts, which only the bankruptcy court can do. A personal injury lawyer may need to file a motion to seek “relief” for the process to continue.
How Can You Sue a Property Owner for Damages if There Is No Liability Insurance?
If there is no liability insurance, a property owner may be personally liable for damages. The victim still has the right to compensation.
What if You Slip and Fall in Your Own Home?
It’s usually not possible to receive slip and fall compensation if you fall in your own home. However, there are some exceptions such as an injury due to the negligent work of a contractor or plumber in your home. Your personal injury lawyer will be able to determine if you have a reasonable claim.
What Is the Difference Between Slip and Fall and Premises Liability Cases?
A slip and fall case is a type of premises liability case. A premises liability case refers to the negligence of a property owner, property manager, or landowner to adequately maintain safe conditions on their property. Premises liability cases include:
- Slip and fall accidents
- Dog bites or animal attacks
- Negligent security
- Exposure to toxic chemicals
- Electrical accidents
How Long Does It Take To Get My Lost Wages From a Property Slip and Fall Accident?
The timeframe to receive lost wages from a property slip and fall can take a few months or up to a few years. The complexity of the case, the amount of information to review, and the level of cooperation from insurance companies and defendants all determine how quickly you’ll receive compensation.
Do Jurors Typically Side With the Plaintiff in Slip and Fall Cases?
Jurors decide cases depending on the evidence and the ability to prove neglect. Most slip and fall cases get settled out of court, but jurors will consider all the facts and the case prepared by the lawyer when a trial is necessary.
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