If you are injured in a slip & fall accident you may be wondering if you are entitled to damages, and if so, how much? There are many variables to consider when determining how much your claim may be worth.
Flora Templeton Stuart Accident Injury Lawyers offer a free evaluation regarding your accident. It is important to consult with an experienced personal injury attorney as soon as possible in order to strengthen your case.
What is a Slip & Fall Case?
“Slip & fall” is a term used to describe cases where an individual is injured on another person’s property. These accidents can occur in many ways, including but not limited to:
- Wet or slick floors
- Items left on the floor
- Uneven flooring or sidewalks
- Potholes or cracks
- Loose or bulging rugs or carpeting
These accidents can also occur in various places, such as:
- Retail stores
- Restaurants
- Swimming pools
- Apartment buildings
- Parking garages
Slip & fall accidents can cause injuries such as fractures, soft tissue damage, etc. resulting in pain and suffering, which can affect your everyday life. You should promptly seek medical attention if you have been injured in a slip & fall accident.
How Much in Damages Will You Recover in a Slip & Fall Case?
The average slip & fall settlement recovery depends on many different factors. All slip & fall cases are different, and no two injuries are alike. This means the results will vary depending on the facts of your specific case.
In general, the following factors are assessed to determine the value of each case:
- Liability (proving the other party is at fault)
- The amount of your medical bills
- Lost wages, including future lost wages
- The amount of insurance available to collect
- Your injuries
Again, it is imperative that you promptly seek medical treatment for your injuries in order for you to get well and so that you have adequate documentation of the injuries you sustained in the slip & fall to get the settlement you deserve.
Consistent medical treatment from excellent and credible physicians will help prove to an insurance company the nature of the injuries you have sustained and whether you have suffered any of the following injuries including but not limited to:
- Fractures;
- Soft tissue damage;
- Traumatic brain injuries;
- Internal injuries;
- Sprained or strained muscles;
- Dislocated joints;
- Lacerations and bruises.
Insurance adjusters will typically value your case higher if your injuries are more severe and because your medical bills will generally be much higher and your pain and suffering greater. Medical bills are often a sizable portion of how much your claim is worth as bills represent treatment. These type of bills include but are not limited to:
- EMS services;
- An ambulance ride;
- Diagnostic and lab tests;
- Surgery;
- Anesthesia;
- Medications;
- Hospitalization;
- Follow-up treatment;
- Medical equipment;
- Travel to and from doctor’s offices; and
- Long-term care facilities.
Liability in a Slip & Fall Case
If you have been injured in a slip & fall accident and have suffered financial damages, you may be entitled to compensation; however, you must establish liability. This means you must show that the property owner, employee, or lessee has a responsibility to keep the property safe and that they failed to do so.
With slip & fall cases, you must prove these basic elements:
- That the property owner, employee, or lessee where you were injured had a duty to correct or warn you about an unsafe condition.
- The property owner, employee, or lessee did not correct or warn you about the unsafe condition (negligence)
- The property owner, employee, or lessee’s negligence caused injury to you.
Proving negligence in slip & fall cases is not always easy. In fact, it can often be difficult to prove your case without the help of an experienced personal injury attorney. The property owner and insurance company may even try to argue you are at fault in the accident or you contributed to the accident.
Witness statements and photos can be essential in these situations. Any witness statements or photos you have showing the other party is at fault can help boost the value of your case. Even if you do not have witness statements, making note of any witness contact information can assist us in obtaining them for you. Remember to report your injury or fall to store management immediately and write down the name of the store manager taking the report.
Flora Templeton Stuart Accident Injury Lawyers always obtain witness statements after the accident whenever the witnesses are available and willing to provide a statement, including the property owner and employees.
Do You Have Lost Wages?
If the injuries you sustained in a slip & fall have prevented you from returning to work, you may be able to recover additional compensation to make up for that lost income.
Your doctor will be able to help establish that your injuries have prevented you from working by reviewing your medical records, asking about the nature of your job and your job responsibilities, and, if necessary providing a statement indicating that you are unable to work due to the accident. Once you’ve established that you cannot return to work, your employer can provide proof of your time missed and your rate of pay.
Using this information, our experienced legal team can calculate your lost wages and insist that the insurance company consider this when valuing your slip & fall claim.
How Much Insurance is there to Collect?
Although businesses usually maintain insurance coverage for these types of accidents, the amount of insurance (policy limits) available to collect from the property owner or lessee’s policy will affect the amount of compensation you may receive.
How Our Firm Can Maximize Your Recovery
At Flora Templeton Stuart Accident Injury Lawyers we thoroughly investigate our clients’ cases, collect evidence, hire private investigators to obtain witness statements and photographs, request and review medical records and bills, prepare our clients’ extensive settlement demands, and ensure medical liens are reduced to the extent possible and medical bills are paid. We have collected thousands for clients injured in slip & fall accidents.
We also negotiate with insurance companies to get our clients top settlements, and if we cannot settle the case for a fair and reasonable amount, we will file a lawsuit and mediate the claim if our client was seriously injured and the case is well in excess of the insurance company’s offer.
We work for our clients to refer them to excellent and credible physicians to get the treatment they need and the settlement they deserve. We accept cases on a contingency fee basis, which means we only get paid only if we recover compensation for you.
Remember, in Kentucky, you only have one year from the date of the accident to file suit. Call us today at (888) 782-9090 or contact us online for a free consultation. Our lines are open 24/7.