If you have been injured on someone else’s property due to a hazardous condition, this is called a slip and fall or premises liability accident. Although “slip and fall” may sound minor, these types of accidents can result in injuries that can seriously impact your life and lead to exorbitant medical bills and time away from work.
Not all falling accidents are considered for slip and fall claims. Accidents happen every day, but slip and fall accident claims specifically address an injury that occurs when the property owner or manager of a property has been negligent in keeping it safe for the people who use it. As experienced slip and fall lawyers, we understand the complex nature of a slip and fall claim and the many variables that will determine how much a slip and fall claim and settlement will be worth.
How is Liability in a Slip and Fall Accident Determined?
One of the key cornerstones of premises liability is establishing that there was negligence involved. To have a successful slip and fall claim, you must prove that the owner knew about or caused the hazard, and had ample opportunity to fix it or prevent an accident from happening but didn’t. To do this, you must prove that
- The property owner or manager owed a duty of care to you as you used the property.
- There was a breach of that duty, and the owner or manager did not live up to their responsibilities.
- This breach caused your injuries.
- You suffered financial damages because of these injuries.
Determining What a Settlement is Worth
Once negligence has been established, a premises liability claim will typically go through the owner’s insurance company. As the injured party, you will file a claim for any medical costs you incurred as a result of the accident, the costs of any time away from work, and any personal property that was damaged.
If the accident caused significant injuries, you may also be entitled to any future medical care you may need as well as any loss of future earning capacity if your injuries impacted your ability to make a living. Your claim may also consider things such as pain and suffering.
In a slip and fall claim, you will be entitled to your hard, provable costs as well as calculations for potential future costs. If you are claiming for pain and suffering or other non-financial losses, the insurance industry may use a calculation known as a multiplier or use a per diem rate of compensation to determine losses.
Consequently, many variables will determine how your slip and fall settlement is calculated. Unfortunately, insurance companies often use many tactics to reduce your settlement by questioning the severity of your injuries, whether they happened in the fall, or denying that there was negligence involved. This is why slip and fall accidents are so difficult to prove and why you should have a legal professional in your corner.
Getting Legal Assistance
Most individuals are not prepared to negotiate with large insurance companies or appeal settlements after an injury. The experienced legal team at the Law Offices of Denis Davydov can help. We will fight for your rights and ensure that the compensation you get for your injuries is a fair one. Call us to schedule a free consultation to discuss your case.
