If you slipped or tripped and fell on someone else’s property, you have a steep road ahead of you. Slip and fall cases can be incredibly challenging to win, and they often rely on the expertise of experienced attorneys as well as collected evidence and witnesses at the scene when the accident occurred. That said, several variables will help you determine precisely how much your case is worth.
While there is no one-size-fits-all approach to these types of cases, there are certain elements that will help you determine the value of your case. These include present and future medical bills; pain and suffering; lost wages or loss of earning capacity; and even some incidental expenses, such as mileage or gas to get back and forth from treatment.
1. Present and future medical bills
If you sought treatment soon after the fall, you’ve already taken a step in the right direction of determining how much your case is worth. Attorneys, insurance adjusters, and other parties will use medical treatment as a way to measure exactly how much to pay you for your claim. This is the starting point in making sure you receive the correct and appropriate sum of money to compensate you for your injuries.
This includes medical treatment you are currently going through, as well as any future treatment, physical therapy, or anything similar you anticipate needing in the future. A good rule of thumb is to keep copies of all medical bills and paperwork from your doctor and health insurance company. This will be an easy and effective way to calculate the cost of your slip and fall case.
2. Pain and suffering
Just because you are injured on someone else’s property doesn’t mean the other party is automatically liable to pay for your injuries or pain and suffering related to the incident. However, by proving negligence on the part of the property owner, not only can medical bills be compensated, but you may also recover payment for pain and suffering, depending on the severity of the injury.
If your injury, for example, will cause you to walk with a limp for the rest of your life, you may be compensated several times over what your medical bills list as expenses. If you recover quickly, however, pain and suffering isn’t as easily recovered. Recouping pain and suffering isn’t always a guarantee and can be particularly challenging. That’s why it’s helpful to have an attorney on your side who is experienced in handling these types of cases.
3. Lost wages or loss of earning capacity
If you missed work because of the incident, whether you were recovering, going through physical therapy or simply unable to move, you may be eligible to receive compensation due to wages lost or because you are no longer able to earn a comparable living at your occupation after the incident. This is quite common and one of the things that require due diligence on your part.
Much of the lost wages and employment information will need to be verified by your employer. In some cases, a vocational or occupational therapist may need to determine exactly how much of your earnings were lost due to the accident and whether or not you can reasonably return to doing the kinds of work you were doing prior to the accident.
No matter if you slipped on concrete stairs outside of a busy, downtown office building or suffered a fall at the hands of faulty railing at a construction site, it’s important to remember that each case is different. And we want to help you make sense of your claims so that you can get everything you are entitled to.
Before you determine whether or not filing a slip and fall claim is the right move for you, contact one of our experienced premises liability attorneys today.
Contact ‘Maggio | Thompson, serving Gulfport, Jackson, and surrounding areas for a number of legal issues. We do what’s best for our clients. You can always trust us to be honest and have your best interest in mind. Just give us a call today at (601) 265-6869