Slip and fall compensation amount differs from case to case. For this reason, you should give legal help a seriously consideration in order to get the compensation you deserve. The following are three points to be aware of about the compensation amounts in slip-and-fall cases:
- Your reimbursement will have a reduction if you were somewhat to blame for your injuries.
- The money you receive as compensation is typically given to make you whole once more rather than to penalize the offender.
- The compensation sum is typically agreed upon through agreement outside of court.
Rules of Shared Fault for Slip and Fall
There are guidelines for situations where multiple parties are accountable for an accident in each state’s personal injury legislation. In fact, if you contributed to your injuries in a slip-and-fall lawsuit, these shared fault guidelines will be applicable. However, they typically deduct your proportion of fault from the settlement amount.
While there are laws of shared fault in every jurisdiction, there are three main groups:
- co-occurring negligence
- plain negligence in comparison
- comparative carelessness with modifications
Most states adhere to one of the criteria governing comparative negligence. Your compensation will have a reduction by your degree of blame under these criteria. The outcome when you are primarily at fault is the only distinction between the two categories of comparative negligence:
- No matter how great your proportion of fault is, it always lowers your compensation in cases of pure comparative negligence.
- If you were primarily at fault, modified comparative negligence prevents you from receiving compensation.
Some states that apply modified comparative negligence prohibit victims found to be 50% or more at fault from receiving compensation. Also, some people draw the line at 51 percent blame.
Insurance’s Slip and Fall Compensation
In a slip-and-fall lawsuit, the amount of compensation that may be awarded is nearly always restricted to your losses. Therefore, the purpose of compensation is to make you whole, not to improve your situation.
The extent of such losses, though, goes beyond just your medical expenses. The usage of compensation money will be for:
- medical expenses
- the costs of foreseeable future medical treatment
- lost earnings and income
- diminished ability to earn
- anguish and agony
- loss of community
- any expenditures associated with the accident, such as the price of a wheelchair ramp or other house modifications necessary to meet your accessibility requirements
Slip-and-fall accident victims extremely seldom receive punitive damages. These losses go beyond just paying you back. They demand restitution from the defendant for outrageous actions taken in connection with the case, such as willfully destroying proof of responsibility.
Slip and Fall Compensation Negotiation
Trials in slip-and-fall instances are extremely rare. They are typically resolved outside of court. These agreements frequently represent a compromise between the case values determined by the attorneys for each party. The settlement sum is the outcome of protracted negotiations that were informed by the attorney’s earlier, related cases.
Typically, these driving forces for these colonies are:
- how much you’ve lost
- your liability
The most important aspect of your claim is probably how serious your injuries were. To avoid a potentially huge verdict in the personal injury lawsuit, the defendant will probably be more interested in settling if you have catastrophic damage. The defendant and its insurance company might only provide a minimal compensation sum if you were obviously at least partially to blame. The result of the personal injury claim may significantly change if a personal injury attorney handles these negotiations.