How can you maximize the compensation in a trip and fall injury case? Legal representation is vital to understanding how much you can get as a settlement. An injury lawyer that is experienced with premise liability can help you navigate the process of establishing negligence and tilting the case in your favor.
The Bureau of Labor Statistics estimates that 38.4% of deaths in the workplace are due to falls, slips, and trips. However, many victims in a trip and fall injury case are unfairly compensated because of failure to present a strong personal injury case.
While most slip and fall cases get settled out of court, not knowing how to advocate for your rights can result in a lower settlement. Read on as we explore what you can expect from a trip and fall compensation and how an attorney can help.
How to Build a Strong Trip and Fall Case
The strength of your case often determines the amount received as trip and fall compensations. The main elements you need to establish in the case to ensure you get a favorable outcome are:
- The property or premises owner had a duty of care
- i.e. they have to keep a safe place for their customers
- There was negligence by failing to maintain safe conditions
- i.e. the owner didn’t follow the safety rules and something bad happened.
- The negligence directly contributed to your injuries
- i.e. because they didn’t follow the rules by keeping a safe place you were hurt.
You must accurately document all the damages you sustained in the fall. Hence, seeking medical attention is necessary to document your injuries and their severity.
One of the common mistakes people make is not going to the doctor immediately. This is because you may not feel the symptoms of specific injuries immediately.
You need to gather evidence of the accident scene by taking pictures or videos. This action helps you prove hazardous conditions contributed to your fall. Identify and interview any witnesses who saw the accident to get their statements.
In one case our client came to David Bell Law Firm a day or so after their injury. This allowed our Personal Injury team to request the surveillance video from the store. We found that the store edited the video to delete our client’s fall. Because of this hard work, we were able to secure a six figure settlement on behalf of our client. Getting to a Personal Injury lawyer quickly allows for your lawyer to make sure the at-fault parties don’t destroy evidence.
An attorney can help you understand what you need to do after your accident to safeguard your interests. They will expertly handle negotiations with representatives from the premise liability insurance company.
What Influences the Compensation Amount of Trip and Fall Case
The compensation due in a premises liability case depends on the severity of your injuries. However, you can only present a case if you were legally on the property. Some of the injuries that attract the highest settlements include:
- Spinal cord injuries
- Broken bones
- Traumatic brain injuries
Document all your injuries and the associated medical bills to improve your chances of fair compensation. You’ll want to estimate the total cost of treatment based on short-term and long-term healthcare needs from the injuries.
In addition to your injuries, other factors that will influence the compensation in a trip and fall case include the following:
Loss of Earning Capacity
The National Safety Council estimates that hundreds of thousands of workers miss work due to trip and fall injuries in the workplace. Fortunately, you can claim compensation for any lost wages and any loss of earning capacity resulting from your injuries.
Permanent disabilities and diminished capacity to fully return to work entitles you to a higher settlement. You can also argue for more compensation if the accident adversely affects your career progression.
Pain and Suffering
Pain and suffering are the core factors determining the non-economic damages you’ve sustained. However, it’s very subjective, and you’ll need to establish that your injuries have resulted in significant pain and suffering to get compensated.
The settlement amount will also depend on the presence of pre-existing conditions. Depending on how the fall affected your pre-existing issues, the amount may be lower or higher. For example, if the fall exacerbated your prior conditions or injuries, the amount due ought to be higher.
On the other hand, the insurance company may lower the settlement amount by arguing that some of the injuries weren’t caused by the fall. A lawyer can help protect your interests and help you avoid making mistakes that will harm your case.
Degree of Negligence and Liability
Property owners who fail to prevent slip accidents are liable for any damages you sustain. The compensation will often differ based on the degree of negligence. Some states follow comparative and contributory fault statutes that may reduce the amount owed to you as settlement.
You have to gather sufficient evidence to highlight that the property owner was at fault for the accident. Doing so is the only way of getting a fair settlement, especially if the at-fault party doesn’t have premise liability insurance and is fighting your claim in court.
Tips to Protect Your Trip and Fall Case
The National Floor Safety Institute estimates over eight million emergency room visits annually due to fall injuries. Many of these cases go uncompensated because they don’t know how to advocate for their rights and protect their well-being.
Some of the steps you can take to protect your case include:
Hiring a Fall Injury Lawyer
A slip and fall injury attorney assists you in understanding what you can expect as compensation and the mistakes you should avoid. For instance, you should refrain from negotiating on your own or admitting fault.
A lawyer will also help you document the severity of your injuries and fast-track the claim process. Other duties of a reasonable attorney are:
- Keeping a record of all expenses you’ve incurred due to the injury
- Preserving crucial evidence for your case
- Reporting the incident to the premises owner
- Navigating through the law of comparative negligence
Avoid Posting on Social Media
It might seem inconsequential, but posting on social media can adversely affect your case. This is because insurance adjusters will monitor your social media activity to check for anything that might contradict your claim. So, staying offline is the best decision until the premises liability case gets settled.
Protect Your Interests in a Trip and Fall Case Today
Trip and fall compensations usually vary depending on the severity of your injuries. While it may not seem like it, insurance adjusters and property owners will usually try to downplay your injuries to lower any settlement you deserve.
David Bell Law Firm has three decades of experience and a stellar reputation anchored in our dedication to fighting for our client’s rights. From gathering evidence to handling negotiations, we advance our clients’ interests, ensuring fair compensation.
Contact us today for a free case evaluation.
