If you are injured in a slip and fall accident in Kentucky, there are many variables influencing the value of any settlement.
Why you call Flora Templeton Stuart Accident Injury Lawyers: We hire private investigators to get photos and witness statements to prove liability in slip and fall accident. Consulting an experienced personal injury attorney promptly after the incident will strengthen your chances of getting the compensation you deserve.
How Do Slip and Fall Injuries Occur?
Slip and fall accidents happen for many reasons. Wet and slick floors are among the most common hazards resulting in slips, falls and knee injuries. Uneven sidewalks, improper property maintenance, and items left on the floor are all also common trip hazards leading to knee injuries.
The impact of slip and fall incidents can cause an array of injuries. The resulting pain and suffering can disrupt all areas of daily life. You use your knee joint in almost all physical activities, meaning most things you do are liable to cause you significant pain if you sustain a knee injury in a slip and fall. The most severe knee injuries can cause pain that doesn’t dissipate even when sitting or resting. This can lead to a debilitating lack of sleep. Long-term sleep deprivation can trigger many adverse physical and mental outcomes.
How Much Is the Average Slip and Fall Settlement Amount?
All slip and fall cases are different, and all injuries are unique. This means that previous results in slip and fall cases are not necessarily the most effective benchmark to use when assessing the potential value of your claim. Flora Templeton Stuart Accident Injury Lawyers in minor injuries have collected $5,000 – $50,000 for clients injured in slip and fall accidents, and over a million for catastrophic injury cases over 47 years.
The following factors affect the settlement value of a slip and fall case:
- Total amount of medical bills
- Lost wages
- Anticipated future monetary damages
- Pain and suffering related to your injuries
- Other costs associated with recovery
- Amount of insurance to collect
Total amount of medical bills
The principal factor influencing the settlement value of a slip and fall case are economic damages in the form of medical bills. If you sustain injuries after slipping or falling due to the negligence of another party, they must compensate you for all medical costs stemming from those injuries. The extent of your injury is a major factor in collecting damages.
If you need time off work for doctor and therapist appointments, surgery, or any other aspect of rehabilitation, you can seek to recover your lost wages as part of your personal injury claim.
Anticipated future medical bills, wage loss, care cost, and other future expenses
Pain and suffering related to your injuries
While non-economic damages like pain and suffering are subjective and challenging to quantify, they can also bring about physical and emotional issues hindering your recovery. The pain and suffering component of a slip and fall claim can be unpredictable, and it can also account for the largest portion of some settlements.
The amount of liability insurance from the owner of the business or home where you fell is usually the maximum to collect.
The defendant and insurance company may argue you are at fault by not being careful when you fall so proving liability early on is very important.
Other costs associated with recovery
You can also include the costs for transportation and lodging required while attending medical appointments related to your injuries. You can also include the costs of any adaptive devices in your personal injury claim.
Will You Be Entitled to Make a Personal Injury Claim?
With a slip and fall, your rights to a settlement hinge on the concept of premises liability. This concept asserts that the property owner or lessee has a responsibility to maintain the property in a safe manner for all those accessing it. If a visitor, client, or customer sustains injuries due to a failure of the property owner or controller to uphold this responsibility, the victim has the legal right to seek compensation, either with an insurance claim or a personal injury lawsuit. Even if the person suffering injuries is determined to be partially at fault, the defendant may still be found liable for any action or inaction leading to an unsafe situation and eventual injuries.
How to Build a Premises Liability Case
When you file a personal injury claim, whether in court or with insurers, you are requesting compensation predicated on the negligence of another party and based on the damages incurred.
A successful settlement for a slip and fall comes from proving these crucial facts:
- Duty to provide a safe premises: The first step of demonstrating negligence involves showing the property owner or controller had a duty to uphold a standard of safety. In any space that is publicly accessible, there is an expectation of safety that must be upheld.
- Failure to uphold responsibilities: Whether through an action (leaving things piled on the floor) to inaction (failure to conduct repairs), the defendant did not act reasonably, failing to create a safe premises.
- Negligence directly causes your injuries: If the defendant was negligent, you may still be entitled to compensation, even if your own actions contributed to the injuries. That said, the settlement value is likely to be reduced.
How to Maximize Your Slip and Fall Settlement
The most effective way to build a strong case for a slip and fall knee settlement in Bowling Green is to hire an experienced personal injury attorney. A lawyer will help you prove the negligence of the property owner or controller. Beyond this, an attorney can also help you to calculate the value of your claim. They will also streamline the claims process by dealing with the insurer on your behalf.
How long do you have to file a claim?
In Kentucky and Tennessee you have one year Statute of Limitations to file suit . You will be barred from a claim once you turn the age of 18.