Slips and falls are common types of accidents, especially at workplaces. These accidents can arguably lead to severe injuries, emotional trauma, or financial losses. The good news is that victims of slips and falls can seek compensation from any party responsible for the accident.
However, if you’ve been involved in a slip and fall accident, you need to prove that it happened as a result of the negligence of someone else. You will then determine how much you’ll ask for in terms of damages or losses resulting from the accident, both in long and shorter periods.
Learning how slips and fall settlements are calculated can go a long way in helping you determine the value of your case.
Three main factors may influence the outcome of a slip and fall settlement; these include:
- Who is ultimately liable or somewhat responsible?
- How did the liable person contribute to the slip and fall?
- Did you contribute partly or wholly to the accident?
Negligence and liability are crucial determinants that you should consider before calculating slip and fall settlement.
Negligence: Negligence will be determined if a reasonable party can identify a dangerous situation yet fails to act reasonably. For instance, if a wet floor causes your slip and fall, whoever is responsible for making the floor wet without warning is considered negligent. If the liable party also had the opportunity to reasonably improve the conditions of what triggered your slip and fall to avoid it, they’re deemed negligent. You have to prove beyond reasonable doubt that someone else’s negligence caused your slip and fall.
Liability: If you want to prove that someone else is responsible for your slip and fall, you must show that they are responsible for the property and what happens to it or prove their negligence. If a property owner doesn’t have insurance cover for the property, he assumes liability for any accident that occurs within the premises. If they have the property covered by insurance, you’ll file your claim against the insurance company.
The amount of money you’re supposed to pay as medical bills for slip and fall injury treatment is vital in injury damages calculations. Your healthcare provider may agree to receive your payment in full or partially. Consider speaking to slip and fall lawyers in NYC who understand the laws controlling the measure of slip and fall damages from medical bills in New York. Your claim may include your medical account’s total or even higher value if you have a valid slip and fall claim with proven negligence. It may go higher when other components like pain and suffering are involved.
No precise rule calculates the value of pain and suffering from any accident. It’s mostly the least predictable component of slip and fall settlement claims. That’s why it depends on the value of your medical bills. Slip and fall lawyers in NYC may help you calculate an appropriate figure for share depending on the types of injuries you sustain and the medical report.
If you were forced to stay home from work due to the slip and fall injury, you may be entitled to be paid the value of the total wages you would have earned if you were active at work. Work with your attorney with verification of your employer to determine the amount of money you’re supposed to claim depending on your salary and the time you’ve spent out of your workplace to nurse your injuries.
Calculating slip and fall settlement claims is through a series of negotiations by all the parties involved. In the process, every part will try to solve the problem by discussing what they’re willing to settle. There is no formula for calculating slip and fall claims. Instead, it involves negotiations and agreements between the negligent and injured parties.
Consider hiring an experienced personal injury attorney to help you approach the settlement claim through negotiation with the negligent and the respective Insurance companies to ensure you get a substantial settlement.