If you are severely injured in a slip and fall, you may be able to get compensation from a lawsuit against the person who owns the property. Sometimes, these cases go to court. In other cases, the insurance company or property owner may offer a settlement to end the case without a trial, which many victims prefer over going to court.
Calculating these settlements for slip and falls is one of the jobs that our Fayetteville slip and fall lawyers performs for clients. We can determine what a fair settlement would be in your case by assessing the severity of your injury, adding up all medical expenses, calculating lost wages, and evaluating your pain and suffering. We can also identify bad settlements and stop you from accepting a subpar offer to resolve a case.
For a free case evaluation from our Arkansas slip and fall lawyers, call us today at (479) 316-0438.
What Damages Determine Settlements for Slip and Fall Injuries?
To determine what a fair settlement would be for slip and fall injuries, you must look at the types of “damages” available in your case, all of which our lawyers can help you consider.
If you are hurt because of someone else’s negligence, such as in a slip and fall or a trip and fall case, you may be entitled to three typical areas of damages: medical damages, lost wages, and non-economic damages.
The severity of your injury, strength of the evidence in your case, and value of your losses help us determine what a fair settlement would be for you.
Do You Need a Lawyer to Calculate the Value of a Slip and Fall Injury?
Calculating how much you should be entitled to for an injury case is difficult, especially for those with no experience with insurance or lawsuits. Without our help, injury victims may not have a clear idea of what their injuries cost.
Some elements of the calculation are simple once you know what to look for, such as medical bills or lost wages. Others are based on the typical results of other, similar cases, and our experienced Crawford County slip and fall attorney can help you with them.
What Medical Damages Should a Slip and Fall Settlement Cover?
Medical expenses are typically simple enough to calculate for a slip and fall settlement, and all of them should be compensated in full.
By the time that a settlement is paid or a court case ends, you may have already received most of the medical care. If you have not yet reached maximum medical improvement, you at least may have a good estimate of the cost of ongoing or future care.
Bills and bank records can be used as evidence to convince a jury or a defendant to award you enough money to cover those expenses. Depositions and statements from expert witnesses about the upcoming medical care you will need helps us prove future medical damages.
You should not have to pay for any of the medical treatments you needed because of negligence yourself.
What Lost Wages Should a Slip and Fall Settlement Cover in Arkansas?
Lost wages are harder to calculate and establish, and may require an expert’s help, especially when calculating future lost wages.
Establishing the total wages you already missed is relatively simple using evidence of your typical pre-injury pay. Your bank records and pay stubs can show how much the defendant owes you for work you have already missed due to a disabling injury.
Calculating future lost wages may require the help of an expert. Financial experts can establish the effects of inflation, missed promotions, and other factors that would affect future wages you will miss if your injury is long-term or permanent.
Can You Get Non-Economic Damages in a Slip and Fall Settlement?
As your Fort Smith slip and fall accident attorney may tell you, the hardest part of calculating a settlement or damages is determining the amount you deserve for your pain and suffering. Unlike lost wages or medical expenses, you cannot put a price tag on the human experience of pain. Because of this, pain and suffering damages are considered “non-economic damages.”
Pain and suffering is different for every person. The primary way to establish your pain and suffering is with statements about how the injury felt, how it affected your life, and what your mental process was like. Keeping a diary of your experiences can help prove this later in court if your case doesn’t settle.
Can You Get Enough Non-Economic Damages from a Slip and Fall Settlement in Arkansas?
In Arkansas, there are no limits or “caps” on non-economic damages, and you can receive whatever the jury thinks you are entitled to in a settlement or jury award.
However, keep in mind that if you seek a settlement rather than going to court, the defense might be unwilling to give you enough compensation for pain and suffering. In addition, insurance companies often will not pay for pain and suffering. Take this into consideration when deciding between accepting a settlement or pursuing a case in court.
Many plaintiffs get enough non-economic damages from slip and fall settlements with help from our experienced attorneys, so don’t think it is impossible without going to court.
How Does Injury Severity Affect Settlements for Slip and Fall Injuries?
Understandably, more serious injuries often mean more expensive damages. In a slip and fall, you can break bones. More serious falls may cause spinal cord injury or back and neck injuries. However, in very serious cases, hitting your head could cause traumatic brain injury.
Broken bones often heal and create no long-term effects, meaning the total damages may ultimately be lower. Spinal cord injury and even bone and muscular pain in your back can be something that lasts for the rest of your life.
Can You Get a Good Slip and Fall Settlement for a Less Severe Injury?
Even if the initial injury isn’t particularly severe, the damages you incur can be significant because of the injury’s long-term effects.
This can mean very high compensation for pain and suffering alone, not to mention medical care costs and lost wages. If you injured your spine in a slip and fall accident, contact our Arkansas spinal cord injury attorney today.
Some brain injuries may be excruciating when they occur and may create long-term effects and lifestyle changes that need to be compensated, leading to larger settlements.
How Does Comparative Fault Affect Slip and Fall Injury Settlements in Arkansas?
Each state has its own approach to shared fault in personal injury cases, and Arkansas victims should know whether shared liability could affect their recoveries.
Arkansas is a modified comparative fault state for personal injuries, meaning you may not be 50% or more at fault for the injuries you sustained and still seek compensation for them from someone else.
You may be less than 50% at fault for injuries and sue for the damages attributable to another party in Arkansas, but be mindful that your recover will decrease based on your contribution to the incident.
What Evidence Do You Need to Get a Good Slip and Fall Injury Settlement?
To get a good slip and fall injury settlement in Arkansas, you need enough evidence to convince the opposing side you would easily win the case if it went to trial.
Evidence our Arkansas slip and fall lawyers can use as leverage to get a fair out-of-court settlement includes eyewitness statements, video footage, photographs, medical bills, and expert witness statements, all of which we can gather and organize in preparation for settlement negotiations.
How Long Does it Take to Get a Good Slip and Fall Injury Settlement in Arkansas?
Getting a good settlement for a slip and fall injury isn’t something that happens overnight, and victims often need to practice patience to get the largest settlement possible without going to court.
Settlements can take weeks, months, or even longer. These discussions happen privately out of court between the plaintiff’s lawyers and the defendant’s lawyers, so both parties must actively participate in negotiations to make any meaningful progress.
Furthermore, both parties must agree to settlement terms and sign the settlement agreement for a case to resolve without a trial.
Do You Have to Accept a Slip and Fall Injury Settlement in Arkansas?
Although many slip and fall injury cases are resolved out of court through settlements, not every case is, as some may proceed to trial.
You do not have to accept a settlement at any time. It is entirely your decision whether to settle or pursue litigation in court.
Whether or not you sign a settlement agreement is your choice, and our lawyers can help you make it.
Fayetteville Slip and Fall Lawyer
For a free case assessment from our Arkansas slip and fall lawyers, call (479) 316-0438 today.