If you are filing a slip and fall claim, it helps to know about each element in your case. There are various elements that go into building a successful case, and as your NJ personal injury attorney, we want to walk you through the legal jargon, giving you a clear understanding of your case. We take our time and build the strongest claim possible, so you can put the trauma of your slip and fall injury behind you.
Does Your Injury Qualify for a Slip and Fall Case?
A slip and fall accident is part of premises liability. A property owner is required to create reasonably safe environments on their premises for guests and customers. In slip and fall cases, someone slips, trips, or falls on another person’s property, making the property legally responsible.
There are a few qualifications that plaintiffs need to keep in mind when bringing a slip and fall case forward. To show that the property owner was negligent, the injured party must prove:
- The cause of the accident was due to unsafe conditions.
- The owner of the property knew about the condition or should have known about it.
- The injured party could not have anticipated the dangerous condition.
For example, if a business has standing water in its lobby and does not take action to clean it up or alert visitors to the slippery floor hazard, it may be held liable if someone slips and injures themselves. However, if the business owner puts up blockades and warning signs that the floor is slippery, then the injured party should have known to be careful when walking across the floor.
While there are general guidelines for slip and fall liability claims, each case is unique. Before determining the likelihood of a successful claim on your behalf, we need to look at the nuances of your specific injury and what led up to it.
Common Slip and Fall Injuries for Which You Can Seek Damages
A slip and fall injury is any medical condition that results from someone slipping or falling down. Different fall conditions can result in different injuries, and even the way that you attempt to stop your fall can influence the injuries you receive. However, there are a few common injury types that slip and fall lawyers see most often. These include:
- Broken and fractured bones
- Head injuries
- Cuts and abrasions
- Spinal cord injuries
- Soft tissue injuries
The type of injury only shows one part of what the settlement case will look like. Head and spinal injury cases tend to be more serious because the trauma is often irreversible and can affect the injured parties for the rest of their lives. However, a broken foot settlement amount could be just as high. The reason for this is that what your injuries prevent you matters too, sometimes just as much as what the injury is. For example, if the injured party was unable to play football and could prove that they lost a scholarship because of the property owner’s negligence, they could request a large settlement amount.
Types of Slip and Fall Compensation for Your Injuries
In the legal world, the costs caused by your injury are referred to as damages. Damages can include medical bill payments, lost wages, incidental expenses, and long-term treatment.
Lost wages refers to the money you lost from work because of your injury. For example, you are missing to work for three days because of surgery and recovery. Lost earning capacity refers to career-ending injuries. If you are unable to stand for long periods of time after your fall and have to quit your job, then you could add lost earning the capacity to your claim.
Incidental expenses refer to extra costs associated with the slip and fall case. For example, an injured party might include the cost of transportation and childcare during doctor’s visits. The plaintiff has to prove that the costs are directly related to the slip and fall accident.
When we file a personal injury claim, what we’re really doing is attempting to recover the damages your accident caused by the parties responsible. Because of this, the average slip and fall compensation for injuries varies widely based on multiple factors.
What is Pain and Suffering from a Legal Standpoint?
Like lost wages or medical bills, pain and suffering are part of the damages sought in a slip and fall case. In a legal sense, pain and suffering refer to the physical or emotional pain caused by the defendant through the accident or injury.
If after an accident, you have a fear of using stairs, that fear takes a real, emotional toll on your health. This is an example of damages we would seek for pain and suffering.
What is Covered in a Slip and Fall Settlement?
Slip and fall cases extend well beyond compensation for medical expenses. When we file a claim, our goal is to get you a settlement that compensates you for all of the damages your injury caused, including:
- Medical bills
- Pain and suffering
- Lost wages
- Lost earning capacity
- Incidental expenses
Of course, each individual case is different. In addition to the damages you receive, other things can impact the outcome of the case, including the insurance the at-fault party had and the amount of evidence we have to support your damages claim. In order to know what your case is worth, you should speak with a top personal injury attorney.
How Much is My Slip and Fall Settlement Worth?
Slip and fall injuries start small, with compensation of only a few thousand dollars, and extend into the millions. There is no way to give a definitive answer for what your case is worth without exploring the details of your slip and fall accident individually. However, you can look at examples of past claims to get an idea for what the slip and fall case process looks like. ,,
We have extensive experience in NJ slip and fall settlements. If you want to learn how our past clients received the compensation they needed, read our case results archive. You can find stories that are similar to your experiences and learn what the average payout for slip and fall injury covers.
If you were injured because of another party’s negligence, don’t wait to file a claim. Contact Console and Associates PC for a free consultation and tell us about your case. We can help you build a slip and fall claim to go after the damages you deserve. ,,