Slip and falls can cause serious injuries; concussions, brain and back injuries, and fractured bones are common. Slip and fall compensation is intended to put you back to the position you were in before you were injured. The value of any settlement will depend on several important factors that we explore below:
How Are Slip and Fall Settlements Calculated?
Experienced personal injury lawyers know how settlements are calculated and what compensation you can expect for slip and fall injuries. Top factors in the calculation of slip and fall settlements include:
- Liability: Slip and falls can be caused by hazards such as ice, snow, debris, poor lighting, uneven floors, etc. If your injury was caused entirely by the negligence or fault of another party, you are entitled to 100% of your damages. Slip and fall claim defendants often argue that the injured person should bear some responsibility, pointing to the injured person’s conduct, choice of footwear, etc. If you are found partially liable for the slip and fall, the calculation of your settlement will be reduced by that percentage of fault. For example, if you are 10% at fault, you will recover 90% of the assessed damages.
- Type of Injuries Suffered: The settlement you receive will depend heavily on the nature and extent of your injuries. Some slip and fall accidents cause minor injuries that resolve quickly. Other slip and falls result in serious injuries and permanent loss of ability. “Non-pecuniary damages” are meant to compensate you for pain, suffering and loss of enjoyment of your everyday life brought about by the injuries. When it comes to calculating damages, significant, long-lasting injuries generally equate to higher settlement figures.
- Effect of Injuries on Employment: If you missed work as a result of your slip and fall injuries, you are entitled to compensation for past loss of income. If the slip and fall has left you with lasting impairment, you may also be entitled to compensation for future loss of earning capacity. Calculation of future loss of income depends on a number of factors, such as your expected earnings had the accident not occurred, your prognosis for recovery, and whether you have lost the ability to take advantage of job opportunities as a result of your injuries.
- Future Care Needs: You may require medication, equipment, ongoing rehabilitative treatment, and/or assistance with housekeeping and personal care, particularly if you sustained a serious or debilitating injury. Slip and fall settlements must include calculations for all reasonable expenses you expect to incur for your future care.
Overall, the settlement you receive will depend on how well your claim is presented. The best personal injury lawyers know how to put forward a strong case, supported by evidence and case law. There are heads of damage you may be entitled to but not discussed above—it is highly recommended that you discuss your claim with an experienced personal injury lawyer to find out more.
Get Advice from STA’s Experienced Personal Injury Lawyers
All slip and fall claims are unique. If you have been hurt in a slip and fall accident and would like to know how much your claim is worth, get advice from our experienced personal injury lawyers. The team at Simpson Thomas & Associates serves clients in the Lower Mainland and throughout BC. Call us today at (604) 689-8888 or fill out request your free legal consultation online.
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