How much your slip and fall case is worth depends on the circumstances of your claim, so we cannot give one number as the value of any slip and fall case. Below, we discuss different factors that might impact the value of your case.
What factors will determine how much my slip and fall case is worth?
The liability of the property owner
First and foremost, if the property owner (or another party) was not negligent, you do not have a case. Simply being injured on someone else’s property does not guarantee you compensation.
To be liable for an injury, the property owner must have directly or indirectly invited you onto the property (i.e., you cannot be trespassing). You must also prove the following:
- The landowner or an employee caused the dangerous condition; or
- The landowner or an employee knew or should have known about the dangerous condition and did nothing.
Your negligence, if any
Even if the property owner was at fault for your injuries, if you were partially at fault, your negligence will reduce the amount of compensation you receive. This legal concept is called “comparative fault.” If, for example, you were 10 percent negligent and your total damages were $10,000, your negligence will lower your damages award proportionally, and you will receive $9,000.
The severity of your injuries
The amount of your medical bills will be a large part of the calculation of your damages. If you received treatment at the emergency room and were then able to go home with no additional medical intervention necessary, you will not recover as much in damages as someone who was hospitalized and had to undergo surgery.
Your case will also be worth more if you suffered a lot of pain or needed to take time off work to recover or to attend doctor’s appointments or physical therapy.
Any long-term or permanent injuries
If your injury resulted in a long-term or permanent disability, your settlement should include any effects of that disability.
The landowner’s history of similar incidents/injuries
A judge or jury may penalize a property owner who has had multiple claims for the same or similar dangerous conditions.
Why is it important to work with a lawyer on a slip and fall claim?
Since slip and fall claims are in the category of premises liability cases, the party at fault often has liability insurance in case of such a claim. When there is an insurance policy, there is an insurer and an insurance defense law firm just waiting to mount an aggressive attack on any claims, no matter how valid. It is essential to have a lawyer fighting for you, and countering any attempts the defense will make to minimize or deny your claim.
At the Montero Law Center, we will evaluate your slip and fall case. We will investigate to see if the property owner was negligent, and we will determine the full value of all your injuries and damages. We fight hard to get you the compensation you deserve. Call us today at 954-767-6500 to set up your free consultation.