Getting injured because you slipped and fell on something hazardous is never a fun process.
There are immediate medical issues to deal with, potential surgery and rehabilitation, and then the process of trying to recoup your losses from the person or business responsible.
Are you wondering how large slip and fall settlements can be?
There are a lot of factors that go into these settlements. Find out what goes into deciding a settlement.
Slip And Fall Settlements: The Basics
While it is important to learn what goes into a slip and fall settlement, it is equally important that you know what steps to take following an accident.
For example, were there any witnesses to your accident? Did you get any information from the party you believe is at fault for the fall? There are many things you need to try to achieve in the aftermath of a slip and fall to maximize your chances for a successful case.
Factors That Affect Settlements
Here's a fun fact: did you know that over 95% of civil cases get settled before a trial? It's true: trials are a rare occurrence.
The high cost of going to trial for both sides, the amount of time that a case can drag on for, and the risk on both sides of losing at trial make settlement a safer option for all parties.
It is crucial to remember that whether you are suing an individual or a business, they fear losing as much as you do. With jury verdicts being unpredictable at times, the risk can be too high to not engage with you in settlement talks before trial.
With this information in mind, what are some of the factors that affect slip and fall settlements?
Extent Of Physical Harm
The types of injuries you sustained and their severity is likely to have the largest impact on what your final settlement offer might be.
The math is typically quite simple when it comes to physical injury: the more extensive your injuries, the more damages you can claim.
If you have a severe injury, you are likely to incur more medical costs, pain and suffering, lost wages, and therefore, you'll require more compensation.
Ability Of Defendant To Pay
Unfortunately, even if your injury demands a substantial settlement offer, there are no guarantees.
Assuming your defendant has insurance, the insurance company is never going to make a settlement offer more than the policy limits, which could be inadequate depending on what coverage the defendant paid for.
Lawyer Or No Lawyer
The help of an experienced and competent attorney can be the difference between getting a settlement or losing your case.
It can also be the difference between you getting a fair and substantial settlement or mere change in comparison.
Can I Do Anything To Affect My Settlement?
You can do things to bolster your case or that torpedo any chance you have at getting a settlement.
Helping or hurting your case is easier than you may think, so be careful and proactive if you are serious about litigating your slip and fall claim.
Let's take a look at what you can do.
Stay Up To Date With Doctors, Prescriptions, And Therapy
If you've sustained an injury in your slip and fall case, the best thing you can do for yourself is to seek medical treatment. People who want significant settlements cannot expect to go to the emergency room once after the accident and then never follow up with anyone else.
Rather, claims for slip and fall injuries are best served by seeking continuing medical services from doctors, chiropractors, surgeons, massage therapists, and the like. As mentioned above, people with extensive injuries typically demand the highest settlements.
It is important to show the other side just how much medical treatment you need and how much medical documentation you have.
Why?
They know that your medical documentation will eventually reach the hands of a jury, which only bodes well for your chances. Because of this, they will likely make a higher settlement offer.
Do NOT Get Caught In Activities That Contradict Your Injury
We've all heard the stories and seen the memes on Facebook about the guy who gets out of a truck and lifts an entire rascal scooter out of the truck bed, only to sit in it and drive it into the store as if disabled.
Similar to that, we've all heard of the stereotypical person who carries a neck brace around in case a private investigator comes by.
This is a serious thing. Businesses and insurance companies will hire private investigators to check up on you to see if you have the injuries that you're claiming.
Being mindful is the main point.
Don't do outrageous things, like go to the gym and squat 450 pounds, then proceed to post it on your social media. Don't claim to be the world's strongest human while also claiming that you can barely get out of bed because your back hurts so much.
Watch out in public, and watch out on social media. If the insurance company or courts suspect that you're lying, they can press charges against you for fraud and countersue you as well.
Need Help With Decisions? We Can Help
While the exact amount of slip and fall settlements varies, these factors will undoubtedly play a part in your case.
Are you a law firm that needs help with making decisions or connecting your teams? Check out our help page to learn more about Loomio and see how we can help you make decisions without meetings!
