How Much Is a Slip-and-Fall Case Worth?
MattLaw Car Accident and Personal Injury Lawyers serves people in Florida who have been hurt by others’ negligence and wrongdoing. We know how a slip-and-fall accident can affect your life, and we are dedicated to helping our clients get the compensation they need. Keep reading to learn more about the potential value of your case.
Slip-and-fall accidents can be expensive for the victims
A slip-and-fall accident can happen to anyone, anywhere. One second you are on your own two feet, and the next you are facing expensive medical bills and cannot go to work. Understandably, you probably have worries about how all of this will affect not only your health, but also your finances.
Slips, trips, and falls can cause serious injuries, including back and spinal cord injuries, head injuries, concussions, broken hands, feet, and limbs, and hip fractures. For many of these injuries, diagnosis and treatment involve MRIs, X-rays, CT scans, surgeries, physical therapy, and more. All of this can add up to thousands of dollars, not to mention the impact your injury may have on your daily life, ability to earn a living, and your physical, financial and mental state.
If you are the victim of an accident caused by property negligence, someone else may be liable for your expenses. This may include current and ongoing medical care, lost income, and pain and suffering.
What affects the worth of a slip-and-fall case?
Many things can affect the value of a slip-and-fall claim. Some directly relate to your expenses. Others are more subjective or relate to the facts of the case. Factors that can influence value include:
Type and severity of injury
More serious injuries usually require more medical treatment and take longer to recover from. During this time, you might not be able to work. So, more severe injuries usually lead to higher medical expenses and more lost wages, increasing the value of your case.
Severe, permanent, and disabling injuries may also entitle you to compensation for pain and suffering. Generally, the more serious and long-lasting the injury, the more your pain and suffering damages may be worth.
Current income and time lost at work
Medical damages are a large part of most personal injury claims, but so is lost income. How much you can recover for your lost wages will depend on how much you were making at the time of your accident and how long it will take for you to get back to your job. It will also depend on other earnings and benefits you might miss out on, like bonuses, commissions, and health insurance.
If you have an injury that prevents you from ever going back to your job, you may also be entitled to compensation for your lost earning capacity.
Case evidence and assigned fault
You will only secure a settlement if you can prove that your slip-and-fall happened because a property owner was negligent. This means showing that:
- There was a slip-and-fall hazard on the property – Examples include ripped carpeting, cracked tile, broken stairs, liquids leaking from ceilings, or refrigeration equipment, and uneven flooring.
- The owner knew about the hazard – The owner knew about the hazard, or the hazard existed long enough or occurred regularly enough that the owner should have known about it.
- The owner did not address the hazard – The owner failed to take reasonable steps to correct the dangerous condition or warn people on the property about it.
You will need to prove your case with evidence, such as surveillance video or property maintenance records. You might also have to fight against potential defenses the property owner might use, including that you were trespassing or somehow at fault for your fall.
If an owner does accuse you of fault, it could reduce your settlement, or worse, bar you from getting any compensation. This is because of Florida’s comparative fault laws and greater-than-50-percent bar. It works like this: If you have $100,000 in damages but a jury finds you are 20 percent liable for your accident, you can only recover $80,000. If a jury finds you are more than 50 percent at fault, you cannot recover anything.
Even though most slip-and-fall cases settle out of court, comparative negligence will still matter. Insurance companies know the law and will use it to pay you less if they can.
Insurance coverage and negotiations
Your settlement amount can be restricted by the property owner’s insurance policy limits. Negotiations can also affect the value. Sometimes, insurers play hardball and refuse to offer fair compensation. Other times, they engage in bad-faith tactics. When this happens, you may have to file a lawsuit.
If you do have to seek damages in civil court, you usually have two years to file your case, according to Florida’s statute of limitations.
Will working with a lawyer get you more money?
Working with a lawyer from MattLaw Car Accident and Personal Injury Lawyers cannot guarantee that you will get more money, but it can help in a number of ways.
First, our attorneys can help you evaluate your case, including identifying damages you might not even realize are available to you. We can also help you prove your case’s worth with receipts, bills, and estimates.
Second, we can assist you with building a strong case. We can collect evidence that proves property negligence and defend you from claims that you are liable for your injury.
Finally, we can be your voice during negotiations. Having a lawyer on your side lets the insurance company know you will not simply roll over and accept whatever offer they throw your way. It also protects you from making mistakes that someone without legal experience might make, which could hurt your case.
Contact us to learn more about slip-and-fall claims
MattLaw Car Accident and Personal Injury Lawyers has represented injury victims in Florida for over 35 years, recovering more than $250 million in settlements and verdicts. If you were hurt by a property owner’s negligence, our lawyers can help you determine your slip-and-fall case’s worth and fight for the maximum compensation possible.
We offer free initial consultations. Contact us today to get started.
About Author
Matt Powell is a Board Certified Civil Trial Lawyer by the Florida Bar who represents injured victims and their families. He is an experienced personal injury trial attorney who has been practicing since 1989 in Tampa, Florida. Simply call our offices or fill out our contact form to schedule a free consultation today.