How Much Is Pain and Suffering Worth in a Slip And Fall?

A slip and fall on someone else’s property can cause you to suffer injuries, and you can seek compensation from the party responsible for your damages. The amount of pain and suffering that you incur is compensable as an injury. How much compensation to which you may be eligible usually depends on the extent of the injuries that you suffered in the accident.

Most claims for compensation following a slip and fall accident are best represented by a legal professional, without whom you may not get the compensation you deserve for the pain and injuries that you suffered.

In some cases, a claim for compensation after a slip and fall accident may take years to resolve. In some situations, the claim can be automatically rejected if the victim does not file within the stipulated time frame or does not provide sufficient evidence. You may need a slip and fall lawyer to fight on your behalf.

Establishing Fault

For a slip and fall case, certain conditions must be met for a property owner to be liable for an accident that occurs on their premises. In most situations, the insurers or the property owner will argue that the victim’s injury did not occur on the property or that the injury is not as bad as they claim it to be in their complaint.

If you hire an attorney to fight on your behalf, they will do what is required to prove that the property owner is liable for the accident and for the resulting injuries that you suffered.

Your lawyer can also work to negotiate a fair settlement on your behalf. There are several ways in which the property owner or the insurer will try to finalize an out-of-court settlement, which is often worth way less than the injuries the victim incurred in the accident.

The attorney can work on the client’s behalf to seek compensation for expenses in addition to basic medical bills, such as lost wages, mental agony, future medical expenses, loss of consortium, loss of life enjoyment, and decreased future earning potential.

Proving Negligence

Proving a property owner’s negligence in a slip and fall case can be extremely difficult to do when you represent yourself as the victim. If you hire a lawyer, they can help to prove that the property owner’s negligent behavior caused the injuries that you suffered. It all begins with a thorough investigation into:

  • Where the injury occurred.
  • How it occurred.
  • Who is responsible?

Answers to several questions can play a vital part in moving forward in pursuit of a suitable settlement. To help secure a favorable result for the victim, their attorney has to identify:

  • Whether there was some substance on the ground or defect in the flooring that caused the victim to slip and fall and get injured.
  • Whether the victim tripped.
  • Whether the walkway or staircase lacked proper supports or railings, which caused the victim to lose balance and fall.
  • Whether there was insufficient lighting or blind spots that may have contributed to causing the fall and injury.

An attorney can investigate the scene of the accident, explain the legal options to the client, and determine the cause of the injury.

The lawyer can perform an investigation into whether the property owner violated any statutes or regulations relating to local, state, or federal law.

Proving That the Slip and Fall Caused the Injuries

Your attorney’s job is to prove all the losses you suffered were a direct result of the slip and fall accident, including medical expenses and not being able to work.

All of your medical records from the hospital where you sought treatment can be valuable to show the extent of the injuries you suffered and the amount of money you spent on medical expenses.

Your attorney can also help to determine the non-economic damages that may have occurred as a result of the slip and fall accident. With proper documentation and evidence, you and your lawyer may have a better chance of negotiating a fair settlement with the property owner and their insurer.

The Costs of Hiring a Lawyer

In many cases, a lawyer can work on a contingency basis. This means that, unless you collect a settlement or win in court, you would not need to pay your lawyer a dime. Your lawyer can fight on your behalf in a slip and fall injury claim and work to get you the compensation you need by applying their extensive knowledge of the law and negotiation experience.

Proving That the Victim Did Not Contribute to the Accident

The victim’s lawyer can also provide evidence to prove that the victim’s negligence did not contribute to causing the accident. The property owner, their insurance company, and their lawyers may try to prove that the victim was:

  • Not looking where they were going.
  • Was wearing inappropriate footwear for the circumstances.
  • Talking on the phone or paying attention to it while walking.
  • Holding an object that obstructed their view.
  • In an inebriated state as a result of drugs or alcohol.

A personal injury attorney can help to determine whether the property owner or manager implemented sufficient safety measures to ensure the safety of people lawfully entering the property, such as putting proper signage for wet floors to warn people of the hazard. All of these factors require a thorough examination to improve the chances that the victim will achieve a favorable settlement or verdict.

The attorney you choose to hire should have extensive experience in premises liability to help you get the compensation you deserve. They can guide you through the process of proving your case and fight on your behalf. Click Here to get more information.

Pedro Aylin
the authorPedro Aylin